Chapter 17.04 DEFINITIONS

For the purpose of this title, certain terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word “person” may be taken for persons, association, firm, co-partnership or corporation; the word “structure” includes building; the word “occupied” includes premises designed or intended to be occupied; the word “used” includes designed or intended to be used; and the word “shall” is always mandatory and not merely directive. (Ord. 1438 §2(part), 2014)

17.04.020 Abutting.

“Abutting” means bordering upon or in physical contact with. Lands are considered abutting even though the area of contact may be only a point. (Ord. 1438 §2(part), 2014)

17.04.030 Access.

“Access” means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. (Ord. 1438 §2(part), 2014)

17.04.035 Accessory dwelling unit.

The purpose of these code provisions for accessory dwelling units (ADUs) is to: (1) provide homeowners with flexibility in establishing separate living quarters within or adjacent to their homes for the purpose of caring for elderly parents, providing housing for their children, companionship, security, services or other purposes; (2) increase the supply of affordable housing units within the community; and (3) ensure that the development of accessory dwelling units does not cause unanticipated impacts on the character or stability of single-family neighborhoods.

A. Accessory Dwelling Unit Applicability. ADUs shall be allowed as limited uses in all residential zoning districts (R-1, R-2, SR and RR) if in compliance with all of the development standards contained in Section 17.04.040. ADUs shall not be allowed in association with existing single-family dwellings located within nonresidential zoning districts.

B. Approval Process. A proposed ADU shall be reviewed by an application process to the city of Goldendale building department. (Development standards are on file.) (Ord. 1438 §2(part), 2014)

17.04.040 Accessory use, structure.

“Accessory use or structure” is one which is subordinate to the principal use of a building on the lot serving a purpose customarily incidental to the principal use of the building.

A. Detached Accessory Buildings. A detached building, accessory to a single-family or duplex residence, may be constructed under one of the following criteria:

1. A detached building, accessory to a single-family or duplex residence, may be constructed according to the requirements and regulations for a principal building in the zone which it is located, e.g., total lot coverage, setbacks, building height, etc., except the accessory structure shall be located behind the front or side-street elevation of the primary structure.

2. A detached building, accessory to a single-family or duplex residence, may be constructed within the rear and/or interior side setbacks provided:

a. The detached accessory structure does not exceed one hundred twenty square feet in floor area and used for tool and storage sheds, play houses and similar uses.

b. No portion of the detached accessory building shall exceed twelve feet in height above grade, to roof peak.

c. The detached accessory building shall not cover more than fifty percent of a required rear and/or side yard setback area.

d. The nearest wall of the detached accessory building must be located a minimum of six feet from the wall of any building. Eaves of adjacent buildings must be at least four feet apart.

e. Detached accessory buildings are subject to the building code provisions of Title 15.

f. The detached accessory structure shall be located behind the front or side-street elevation of the primary structure.

B. Greenhouses. A greenhouse or hothouse may be constructed and/or maintained accessory to a dwelling, provided there are no sales.

C. Prior to Primary Structure Completion. Accessory buildings shall not be permitted prior to the completion of the primary building/structure and/or permitted use on the same lot, or in the event that the primary building/structure/use ceases to exist. (Ord. 1438 §2(part), 2014)

17.04.050 Adjacent.

“Adjacent” means nearby and not necessarily abutting. (Ord. 1438 §2(part), 2014)

17.04.060 Alley.

“Alley” means a public right-of-way not over thirty feet wide which affords, generally, a secondary means of access to the rear of abutting lots or buildings, not intended for general use. Access is usually limited to on-site vehicular parking and utility service. (See also definition for “Streets.”) (Ord. 1438 §2(part), 2014)

17.04.065 All weather surface.

“All weather surface” means any roadway, driveway, alley or parking lot surface paved with crushed stone, asphalt, concrete or other pervious or impervious material in a manner that will support the weight of anticipated vehicular traffic in all weather conditions and minimize the potential for ruts, dust, potholes, or pooling of water. (Ord. 1438 §2(part), 2014)

17.04.070 Apartment house.

“Apartment house” means a building or portion thereof used or intended to be used as a home with three or more families or householders living independently of each other. (Ord. 1438 §2(part), 2014)

17.04.080 Automobile wrecking yard.

“Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers or the storage or sale of partially dismantled, obsolete or wrecked vehicles or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding sixty days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or resale, shall constitute prima facie evidence of an automobile wrecking yard. (Ord. 1438 §2(part), 2014)

17.04.090 Basement.

“Basement” means a portion of a building included between a floor with its level two feet or more below the level from which the height of the building is measured and the ceiling next above said floor. (Ord. 1438 §2(part), 2014)

17.04.100 Bed and breakfast.

“Bed and breakfast” means lodging where five or fewer guest rooms are provided for a fee by prearrangement on a daily or short-term, temporary basis. No cooking facilities are provided in the individual rooms. (Ord. 1438 §2(part), 2014)

17.04.110 Billboard.

“Billboard” means an outdoor advertising sign, being any structure or portion thereof, situated on private premises, upon which lettered or pictured material is displayed for advertising purposes, other than the name and occupation of the user, or the nature of the business conducted on such premises or the products primarily sold or manufactured thereon. (Ord. 1438 §2(part), 2014)

17.04.120 Building.

“Building” means any structure, permanent, demountable, or movable, built or used for the support, shelter, or enclosure of any person, animals, goods, equipment, or chattels and property of any kind. (Ord. 1438 §2(part), 2014)

17.04.125 Building, detached.

“Detached building” means a building which is not attached to any other building or structure. (Ord. 1438 §2(part), 2014)

17.04.130 Building height.

“Building height” means the vertical distance at the center of a building’s principal front, measured from the level of the first floor above grade to the highest point of the roof beams in the case of flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, hip or gambrel roofs. For buildings back from the street line, the height may be measured from the average elevation of the finished grade along the front of the building. (Ord. 1438 §2(part), 2014)

17.04.140 Building line.

“Building line” means a line established by this title to govern the placement of building with respect to highways, streets, and alleys. The front property line shall be the front line as shown upon official plats of the property in all subdivisions platted. In all other cases the front line shall be according to the comprehensive plan or the determination of the zoning administrator. (Ord. 1438 §2(part), 2014)

17.04.150 Building official.

“Building official” means the city building official or designee. (Ord. 1438 §2(part), 2014)

17.04.160 Carport.

“Carport” means a private garage which is open to the weather on at least two sides. (Ord. 1438 §2(part), 2014)

17.04.170 Cemetery.

“Cemetery” means land used or intended to be used for burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated within the boundaries of a cemetery. (Ord. 1438 §2(part), 2014)

17.04.180 Church.

“Church” means an establishment or group of people with the principal purpose of religious worship and for which the principal building or structure contains the sanctuary or principal place of worship. (Ord. 1438 §2(part), 2014)

17.04.190 Clinic.

“Clinic” means a building or portion of a building containing offices and facilities for providing medical, dental or psychiatric services for outpatients only. (Ord. 1438 §2(part), 2014)

17.04.200 Commercial coach.

“Commercial coach” means a structure transportable in one or more sections that is built on permanent chassis and designed to be used for commercial purposes with or without a permanent foundation when connected to the required outlets and may include plumbing, heating, air conditioning, and electrical systems contained therein. A commercial coach shall not be used for dwelling purposes. (Ord. 1438 §2(part), 2014)

17.04.210 Comprehensive plan.

“Comprehensive plan” refers to the plans, maps, reports which have been adopted by the board in accordance with state law. (Ord. 1438 §2(part), 2014)

17.04.220 Conditional use.

“Conditional use” means an activity specified by this title as a principal or an accessory use, permitted when authorized by the board of adjustment and subject to certain conditions. (Ord. 1438 §2(part), 2014)

17.04.230 Council.

“Council” means the city council. (Ord. 1438 §2(part), 2014)

17.04.240 Density provisions.

“Density provisions” mean siting requirements for each district which protect the health, safety and welfare of the area, through standards which include yards, height, bulk, lot area, lot coverage and occupancy limitations. (Ord. 1438 §2(part), 2014)

17.04.250 District or zone.

“District” or “zone” means an area of the city within which standards governing the use of lands and structures are uniform. (Ord. 1438 §2(part), 2014)

17.04.260 Dwelling.

“Dwelling” means a building or portion thereof designed exclusively for a residential occupancy including single-family, two-family, and multifamily dwellings, but not including hotels, motels, and boardinghouses. (Ord. 1438 §2(part), 2014)

17.04.270 Dwelling, detached.

“Detached dwelling” means a dwelling unit surrounded on all sides by open spaces. (Ord. 1438 §2(part), 2014)

17.04.280 Dwelling, multifamily.

“Multifamily dwelling” means a building containing more than two kitchens and designed to be occupied by more than two families living independently of each other. (Ord. 1438 §2(part), 2014)

17.04.290 Dwelling, single-family.

“Single-family dwelling” means a detached building designed for and occupied exclusively by one family and the household employees of the family. The buildings may be “site-built homes,” “manufactured homes” or “modular homes.” “Mobile homes,” “motor homes” and “recreational vehicles” may not be a single-family dwelling. (Ord. 1438 §2(part), 2014)

17.04.300 Dwelling, two-family.

“Two-family dwelling” or “duplex” means a building containing two kitchens and designed to be occupied by two families living independently of each other. (Ord. 1438 §2(part), 2014)

17.04.310 Dwelling unit.

“Dwelling unit” means a building or portion thereof providing complete housekeeping and cooking facilities for one family. (Ord. 1438 §2(part), 2014)

17.04.320 Exception.

“Exception” means a use permitted only after review of an application therefor by the board of adjustment, rather than administrative officials. (Ord. 1438 §2(part), 2014)

17.04.330 Family.

“Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons, who are not related by blood or marriage, living together in a single dwelling unit. (Ord. 1438 §2(part), 2014)

17.04.340 Fence.

“Fence” means a structure, other than a building, which is a barrier and used as a boundary or means of separation, protection or confinement. (Ord. 1438 §2(part), 2014)

17.04.350 Floodplain.

“Floodplain” means that area that would be inundated by the largest flood that can be expected to occur, on an average, once in one hundred years. (Ord. 1438 §2(part), 2014)

17.04.360 Foundation.

“Foundation” means the footings, piers, caps, and shims that support a site-built, mobile home or manufactured home, recreational vehicle or commercial coach which is located for permanent placement. (Ord. 1438 §2(part), 2014)

17.04.370 Garage, commercial.

“Commercial garage” means a building or portion thereof designed and used for the storage or servicing of motor vehicles as a business. (Ord. 1438 §2(part), 2014)

17.04.380 Garage, private.

“Private garage” means a building or portion of a building in which motor vehicles are stored or kept as an accessory use. (Ord. 1438 §2(part), 2014)

17.04.385 Garage, residential.

“Residential garage” means a structure on the same lot with and accessory to a principally permitted use, used for storage only. (Ord. 1438 §2(part), 2014)

17.04.390 Home occupation.

“Home occupation” means any accessory use customarily carried on within a dwelling or structure accessory to a dwelling, by the inhabitants thereof which use is incidental to the residential use, and is used for gainful employment and maintains the residential character of the dwelling and neighborhood. (Ord. 1438 §2(part), 2014)

17.04.395 Hospital.

“Hospital” means a facility for delivering medical services, care and goods as necessary for the treatment of both inpatient and outpatient clients. The only retail sales allowed are those to patients. (Ord. 1438 §2(part), 2014)

17.04.400 Hotel.

“Hotel” means any building containing six or more guest rooms intended to be rented or hired out for sleeping purposes by guests. Access to individual units is predominately by means of common interior hallways. (Ord. 1438 §2(part), 2014)

17.04.410 Junkyard.

“Junkyard” means a place where junk, waste or discarded or salvaged materials such as scrap metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires or other manufactured goods are bought, sold, exchanged, stored, baled, packed or handled. (Ord. 1438 §2(part), 2014)

17.04.420 Lot.

“Lot” means a parcel of land under one ownership used or capable of being used under the regulations of this title, including both the building site and all required yards and other open spaces. (Ord. 1438 §2(part), 2014)

17.04.430 Lot, corner.

“Corner lot” means a lot situated at the intersection of two streets or roads. (Ord. 1438 §2(part), 2014)

17.04.440 Lot coverage.

“Lot coverage” means that portion of a lot that is occupied by the principal building and its accessory buildings, expressed as a percentage of the total lot area. It includes all projections except eaves. (Ord. 1438 §2(part), 2014)

17.04.450 Lot depth.

“Lot depth” means the horizontal distance between the front and rear lot lines. (Ord. 1438 §2(part), 2014)

17.04.460 Lot, interior.

“Interior lot” means a lot other than a corner lot. (Ord. 1438 §2(part), 2014)

17.04.470 Lot width.

“Lot width” means the distance between side lot lines measured at the front yard building line. (Ord. 1438 §2(part), 2014)

17.04.480 Lot line, front.

“Front lot line” means a boundary of a lot which is along an existing or dedicated public street, or along a private road, or easement. (Ord. 1438 §2(part), 2014)

17.04.490 Lot line, rear.

“Rear lot line” means a line which is most nearly opposite and most distant from the front lot line. (Ord. 1438 §2(part), 2014)

17.04.500 Lot line, side.

“Side lot line” means a boundary of a lot which is not a front lot line, corner lot line, or a rear lot line. (Ord. 1438 §2(part), 2014)

17.04.510 Major thoroughfares.

“Major thoroughfares” means principal and secondary arterials and state highways as shown on the comprehensive plan. (Ord. 1438 §2(part), 2014)

17.04.520 Manufacture.

“Manufacture” means the converting of raw unfinished materials or products, or any or either of them into an article or articles or substance of a different character or for use for a different character or for use as a different purpose. (Ord. 1438 §2(part), 2014)

17.04.530 Manufactured home.

“Manufactured home” means a new structure designed and constructed to be transportable in one or more sections, is built on a permanent chassis, and designed to be used as a dwelling unit when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. “Manufactured homes” must meet or exceed the standards established by federal law 42 USC 5401 through 5403 and meet or exceed the requirements for a “designated manufactured home” as defined in RCW 35.63.160, now or hereafter amended. “Manufactured homes” do not include “mobile homes” or “modular homes.” (Ord. 1438 §2(part), 2014)

17.04.540 Manufactured or mobile home park.

“Manufactured home park” means a tract of land designed and maintained under a single ownership or unified control where two or more spaces or pads are provided solely for rent or lease for the placement of manufactured homes for residential purposes. (Ord. 1438 §2(part), 2014)

17.04.550 Manufactured home subdivision.

“Manufactured home subdivision” means a subdivision or short subdivision approved in accordance with Goldendale subdivision standards in Title 16, meeting or exceeding the requirements of the Goldendale Municipal Code, and where the lots are principally intended to accommodate manufactured homes as residences. The lots within the subdivision shall be held in private ownership. (Ord. 1438 §2(part), 2014)

17.04.555 Medical or health clinic.

“Medical or health clinic” means a facility for providing medical services and treatment to patients on an outpatient basis. (Ord. 1438 §2(part), 2014)

17.04.556 Mini-storage facility.

“Mini-storage facility” means a building or group of buildings consisting of small, self-contained units for the storage of household or business goods, provided no hazardous substances or conditions are maintained within the facility. (Ord. 1438 §2(part), 2014)

17.04.558 Mobile home.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Act. (Ord. 1438 §2(part), 2014)

17.04.560 Modular home.

“Modular home” means a factory-assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein, do not contain its own running gear, and must be mounted on a permanent foundation. “Modular homes” are not “manufactured homes,” “mobile homes” or “motor homes.” (Ord. 1438 §2(part), 2014)

17.04.570 Motel.

“Motel” means lodging use, located in a structure in which access to individual units is predominately by means of common exterior corridors, and in which a majority of rooms are provided to guests on a daily or short-term basis, and in which off-street parking is provided on the lot. (Ord. 1438 §2(part), 2014)

17.04.575 Motor homes.

“Motor homes” mean a motor vehicle originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle. “Motor homes” are a type of “mobile home.” (Ord. 1438 §2(part), 2014)

17.04.580 Nonconforming use.

“Nonconforming use” means a use or an activity involving a building or land occupied or in existence at the effective date of the ordinance codified in this title or at the time of any amendments thereto which does not conform to the standards of the zoning district in which located. (Ord. 1438 §2(part), 2014)

17.04.590 Off-street parking space.

“Off-street parking space” means a permanently surfaced area not situated within a public right-of-way for the parking of a motor vehicle. (Ord. 1438 §2(part), 2014)

17.04.595 Park model trailer.

“Park trailer” or “park model trailer” means a recreational vehicle designed to be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. The trailer’s gross area shall not exceed four hundred square feet when in the setup mode. “Park trailer” excludes a mobile home. (Ord. 1438 §2(part), 2014)

17.04.600 Permanent placement.

“Permanent placement” means occupancy by one or more persons for more than sixty days during any one consecutive twelve-month period or occupancy continuously for more than thirty days unless placement is for security or for purposes related to a construction site. (Ord. 1438 §2(part), 2014)

17.04.610 Principal use.

“Principal use” means uses allowed as a matter of right within certain land use districts without public hearing, zoning permit, conditional exception, or variance; provided, that such use is in accordance with requirements of a particular district and general conditions stated elsewhere in the title. (Ord. 1438 §2(part), 2014)

17.04.620 Prohibited uses.

“Prohibited uses” means any use which is not specifically enumerated or interpreted as allowable in that district; provided further, that the following uses are also prohibited:

Marijuana-related land uses, including marijuana retail sale, production, or processing facilities, collective gardens, and/or dispensaries, as may be allowed under state law, are expressly prohibited from locating or operating in any zone within the city of Goldendale.

No land use shall be permitted or authorized which is determined to be in violation of any local, state, or federal law, regulation, code, or ordinance. (Ord. 1447 §1, 2015: Ord. 1438 §2(part), 2014)

17.04.630 Recreational vehicle.

“Recreational vehicle” means a vehicle or portable structure built and designed to be used for temporary occupancy or travel, recreational or vacation use. Said vehicles contain plumbing, heating and electrical systems which are operated with or without connection to outside utilities. Recreational vehicles shall include, but are not limited to, campers, motor homes, camping trailers, tent trailers, fifth wheels and travel trailers; tents are excluded. A recreational vehicle shall have a body width of no more than eight and one-half feet and a body length of no more than forty feet when factory-equipped for the road. “Recreational vehicles” may not be used for living purposes except where permitted as a caretaker’s dwelling (see Section 17.34.050) or as a temporary use in residential zoning districts not to exceed six months and only during the construction of the principal use. (Ord. 1438 §2(part), 2014)

17.04.640 Service station.

“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 washing, lubrication, minor repair of automotive vehicles and a convenience store. (Ord. 1438 §2(part), 2014)

17.04.645 Site-built home.

“Site-built home” means a dwelling unit constructed on a site where it will be permanently located. The design and construction of “site-built homes” are regulated by the city of Goldendale building code now or hereafter amended. (Ord. 1438 §2(part), 2014)

17.04.650 Stable.

“Stable” means an accessory building for the keeping of domestic animals, especially in a building having stalls or compartments. (Ord. 1438 §2(part), 2014)

17.04.655 Storage, container.

“Container storage” means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multi-modal shipping containers. (Ord. 1438 §2(part), 2014)

17.04.660 Story.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. “First story” means any floor not over four and one-half feet above the established grade, or if set back, above average ground level at front line of building. (Ord. 1438 §2(part), 2014)

17.04.670 Story-half.

“Story-half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet above the top floor level. A half-story containing apartments or living quarters shall be counted as a full story. (Ord. 1438 §2(part), 2014)

17.04.680 Streets.

“Street” 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, and other similar facilities commonly found in street rights-of-way. (See also definition for “Alley.”) (Ord. 1438 §2(part), 2014)

17.04.690 Townhouse.

“Townhouse” means a building containing one dwelling unit that occupies space from the ground to the roof and attached to one or more other townhouse dwellings by common walls occupying an individual parcel of land. (Ord. 1438 §2(part), 2014)

17.04.710 Use.

“Use” means an activity or purpose for which land or a structure thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased. (Ord. 1438 §2(part), 2014)

17.04.720 Variance.

“Variance” means a modification of the regulations of this title when authorized by the board of adjustment after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. (Ord. 1438 §2(part), 2014)

17.04.730 Vicinity.

“Vicinity” means the area surrounding a use in which such use produces a discernible influence by aesthetic appearance, traffic, noise, glare, smoke or similar influences. (Ord. 1438 §2(part), 2014)

17.04.740 Yards.

“Yards” mean land unoccupied or unobstructed, from the ground upward, except for such encroachments permitted by this title surrounding a building site. (Ord. 1438 §2(part), 2014)

17.04.750 Yard, front.

“Front yard” means an open space, other than the court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line. (Ord. 1438 §2(part), 2014)

17.04.760 Yard, rear.

“Rear yard” means an open space on the same line with the building, between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot. (Ord. 1438 §2(part), 2014)

17.04.770 Yard, side.

“Side yard” means an open space on the same lot with the building between the side wall line of the building and the side line of the lot. (Ord. 1438 §2(part), 2014)

17.04.780 Zoning.

“Zoning” means the regulation of the use of private lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. (Ord. 1438 §2(part), 2014)

17.04.790 Zoning administrator.

“Zoning administrator” means the mayor or designated representative who is vested with the duty of administering the zoning ordinance and comprehensive plan in accordance with the decisions of the planning commission, board of adjustment, and city council within the incorporated areas of Goldendale. (Ord. 1438 §2(part), 2014)

17.04.800 Zoning lot.

“Zoning lot” means a tract of land occupied or to be occupied by a principal use and accessory facilities, together with open spaces as are required under the provisions of this title, having not less than the minimum area required by this title for a zoning purpose in the district in which such land is situated, and having its principal frontage on a public street of standard width. (Ord. 1438 §2(part), 2014)

17.04.810 Other definitions.

Terms defined in Title 16 shall have the meaning established under that title, unless otherwise defined above. (Ord. 1438 §2(part), 2014)