Chapter 18.40 DEFINITIONS

Chapter 18.40
DEFINITIONS

Sections:

Unless the context clearly requires otherwise, the definitions in this section shall apply to terms in this title. In addition to definitions provided below, there are chapter-specific or section-specific definitions in this title.

Abutting	“Abutting” shall mean adjoining with a common boundary line; except that where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than eight feet in a single direction.
Accent lighting or accent luminaire	“Accent lighting” or “accent luminaire” means any luminaire that emphasizes a particular object or draws attention to a particular area for aesthetic purposes.
Access, accessway	“Access” or “accessway” shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use, as required by this title.
Accessory dwelling unit (ADU)	“Accessory dwelling unit” means a smaller, self-contained residential dwelling locate on the same lot as an existing or permitted single-family dwelling. An ADU contains all of the basic facilities needed for living independently of the single-family dwelling, including a kitchen, sleeping area, bathroom, heating, and sanitation. An ADU is distinguishable from a duplex, as an ADU is clearly subordinate to the single-family dwelling in use and appearance.
Accessory structure, accessory use	“Accessory structure or use” shall mean a structure or use incidental and subordinate to the main use of the property, and which is located on the same lot with the main use. Private garages and carports are accessory buildings when not attached to the main building.
Addition (to an existing building)	“Addition (to an existing building)” means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls is considered to be new construction.
Adjacent	“Adjacent” shall mean near, close; for example, an industrial district across the street or highway from a commercial district shall be considered as “adjacent.”
Adjoin	“Adjoin” shall mean the same as “abutting.”
Adult day care facility	“Adult day care facility” means home, place, or institution which provides care and services to a nonresident individual for a period of time not to exceed 10 continuous hours, and does not involve an overnight stay.
Adult entertainment	“Adult entertainment” shall include the following: (1) Any exhibition, performance, or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely opaquely covered; or (2) Any exhibition, performance, or dance of any type conducted in a premises where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation of, or relation to the following specified sexual activities: (a) Human genitals in a state of sexual stimulation or arousal; (b) Acts of human masturbation, sexual intercourse, or sodomy; or (c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; provided, adult entertainment and specifically the depiction, description, simulation of, or relation to sexual activities described above shall not be construed to include any form of actual sexual conduct as defined in this section; or (3) Any exhibition, performance, or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
Adult foster care or adult family home	“Adult foster care” or “adult family home” means a home, place or institution which provides room and board and special care for two to six adults who are not related by blood or marriage to the person or persons providing the services. Washington State DSHS and Chapter 70.128 RCW.
Adult-oriented business	“Adult-oriented business” shall mean the following businesses: (1) Adult Arcade. An establishment containing any individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of sexual conduct, or adult entertainment. (2) Adult Cabaret. A night club, bar, restaurant, theater, or auditorium, or similar commercial establishment, whether or not alcoholic beverages are served, which presents adult entertainment. (3) Adult Motel. A hotel, motel, or similar commercial establishment which: (a) Offers sleeping accommodation to the public for any form of consideration and, as a significant purpose of its business, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of or description of sexual conduct or adult entertainment and are not rated G, PG, PG-13, NC-13, NC-17, or R by the Motion Picture Association of America; or (b) Offers a sleeping room for rent for a period of time that is less than 10 hours; or (c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. (4) Adult Motion Picture Theater. A commercial establishment or drive-in theater where a significant portion of the films, motion pictures, video cassettes, slides, or similar photographic reproductions are characterized by the depiction or description of adult entertainment or sexual conduct and are not rated G, PG, PG-13, NC-13, NC-17, or R by the Motion Picture Association of America and are shown for any form of consideration. (5) Adult Bookstore. A business having as a significant portion of its volume of trade the display, barter, rental and/or sale of books, printed matter, video tapes, discs or cassettes, films, pictures or other material or paraphernalia distinguished or characterized by an emphasis on matters depicting, describing or relating to sexual conduct or adult entertainment, as defined herein. For purposes of this definition, “portion of its volume of trade” means that portion of the store’s display space devoted to such material, or that portion of its gross receipts received from the sale of such material, whichever is greater. (6) Other Adult Entertainment Facility. Any commercial establishment to which any patron is invited or admitted and where adult entertainment is presented as a substantial part of the premises’ activity, including but not limited to escort agencies, seminude or nude modeling studios, or similar establishments.
Aesthetics	“Aesthetics” means a characteristic of development or the environment relating to physical beauty.
Affordable housing	“Affordable housing” means decent, safe, quality housing that costs no more than 30 percent of a household’s gross monthly income for rent/mortgage and utility payments.
Agency	For the purposes of regulating day cares, an “agency” is any person, firm, partnership, association, corporation, or facility that provides childcare and early learning services outside a child’s own home.
Agricultural uses	“Agricultural uses” shall mean the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and wineries, apiaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities; and provided further, that the above uses shall not include slaughterhouses and meat packing or commercial feeding of animals.
Alley	“Alley” shall mean a public right-of-way not over 30 feet wide which affords, generally, a secondary means of access to abutting lots not intended for general use.
Amusement park or center	“Amusement park or center” means a group of amusement devices for children and/or adults and their accessory uses. Such a park or center may include miniature golf areas, bumper cars, batting cages, arcades, bumper boats, go-carts and other such activities.
Apartment	“Apartment” means a room or suite of rooms within an apartment house or apartment hotel, used as a dwelling unit for one family with facilities that function or are intended to function for living, sleeping, and cooking.
Apartment hotel	“Apartment hotel” means an apartment house that furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privileges of which are not primarily available to the general public.
Applicant	“Applicant” means any person or his or her authorized agent or representative who has applied for a permit and who has a valid, existing legal interest in the property proposed to be developed.
Appropriate area, minimum	“Minimum appropriate area” means the smallest total area of property that is allowed in a particular zone.
Area of special flood hazard	“Area of special flood hazard” shall mean the land in the floodplain subject to a one percent chance or greater of flooding in any given year as shown on flood insurance rate maps (FIRM) or except as otherwise determined by the Federal Emergency Management Agency (FEMA).
Assessment	“Assessment” means an estimation or determination of the significance, importance, or value of land, buildings, or a proposed development activity.
Assisted living facility	“Assisted living facility” means any home, place or institution which offers private rooms or apartments and assistance with the activities of daily living to seven or more residents. Services may include meals, personal care, medication assistance, limited supervision, organized activities, and limited nursing services.
Automobile sales and service establishment, new or used	“Automobile sales and service establishment, new or used” means an establishment that provides for the sale of motorized vehicles as its primary use, and allows for minor or major repairs, or paint and body work.
Automobile service station	“Automobile service station” means a building or structure designed or used for the retail sale or supply of fuels (stored only as prescribed by existing legal regulations), lubricants, air, water, and other operating commodities for motor vehicles or boats. The cross-section areas of service station canopy supports where they meet the ground shall be measured as coverage for the purposes of determining maximum lot coverage, and also shall be used for measurement of setback requirements. Automobile service stations may include the following: customary space and facilities to the installation of such commodities on or in such vehicles; space for facilities for the storage, minor repair, or servicing of such vehicle; and space for car washing.
Automotive repair establishment	“Automotive repair establishment” means a retail sales and service establishment that includes: brake repair, engine tune-ups, oil changes, lubrications, front end alignments, major mechanical repairs and adjustments such as engine overhauls, transmission overhauls and the like. It can also include painting, repainting or retouching services.
Awning	“Awning” means any movable roof-like structure cantilevered, or otherwise entirely supported from a building, so constructed and erected as to permit its being readily and easily moved within a few minutes’ time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable.
Backlight	“Backlight” means for an exterior luminaire, the lumens emitted in the quarter sphere below horizontal and in the opposite direction of the intended orientation of the luminaire. For luminaires with symmetric distribution, backlight will be the same as front light.
Bakery	“Bakery” means an establishment where products such as breads, cakes, pies, pastries, etc., are baked or produced and sold on premises for wholesale and/or retail sale.
Bar and/or cocktail lounge	“Bar” and/or “cocktail lounge” means any premises wherein alcoholic beverages are sold at retail for consumption on the premises. A Class H retailer’s license is required for serving liquor by the bottle or by the drink.
Base flood	“Base flood” shall mean the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year” flood.
Basement	“Basement” means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
Bed and breakfast house	A “bed and breakfast house” is a hotel in what was built as a single-family dwelling and which offers up to six bedrooms for transient guests.
Best available science	“Best available science” means scientific information or information meeting the criteria set forth in WAC 365-195-900 through 365-195-925.
Best management practice (BMP)	“Best management practice (BMP)” when associated with stormwater management means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water; when associated with groundwater protection means a written plan outlining accepted practices, such as liquid containment, transfer practices, and emergency procedures whose purpose is to prevent containment for underground storage tanks.
Billboard	“Billboard” means a surface whereon advertising matter is set in view conspicuously and which advertising does not apply to the premises or any use of the premises wherein it is displayed or posted.
Binding site plan	“Binding site plan” means a drawing to scale which (1) identifies and shows the locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by the city of La Center; and (2) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of land; and (3) contains provisions for making any development be in conformity with the site plan.
Blight	“Blight” means the concentration of forces which puts a building or neighborhood on its way to becoming a slum. A “blighted” area is one that has deteriorated or has been arrested in its development by physical, economic, or social forces.
Block	“Block” means a group of lots, tracts, or parcels within well defined and fixed boundaries.
Boarding house	“Boarding house” means a dwelling where meals or lodging and meals are provided for compensation to at least one person and no more than 20 persons by prearrangement for definite periods of at least one week’s duration. A boarding house is to be distinguished from a hotel.
Bollard	“Bollard” means a post permanently affixed into the ground or pavement, at least two feet and no more than four feet in height after installation, whose purpose is to segregate automotive traffic from certain areas.
Border lots	“Border lots” are residential lots abutting the urban growth area boundary which may be larger in size than most urban lots to allow for a smoother transition to larger rural lots lying outside the boundary.
Boundary line adjustment	“Boundary line adjustment” means the adjustment of boundary lines that does not create any additional lot, tract, parcel, site or division, nor creates any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.
Buffer area	“Buffer area” means a landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another, or intended to reduce the impact of noise levels generated on one property from the surrounding properties and intended to enhance the level of safety and promote the aesthetic qualities of the area.
BUG rating or BUG	“BUG rating” or “BUG” means the Illuminating Engineering Society’s (IES) luminaire rating system that quantifies how well a luminaire controls backlight (B), uplight (U), and glare (G).
Buildable area	“Buildable area” means the space remaining after the minimum open space and yard setback requirements of this title have been complied with.
Buildable land	“Buildable land” means lands not constrained by critical areas and public rights-of-way.
Building	“Building” shall mean a combination of materials to form a structure that is adapted to a permanent or continued occupancy. It is a structure having a roof supported by columns or walls for the housing or enclosure of person, animals, or chattel.
Building coverage	“Building coverage” means that percentage of the total lot area of a lot which is covered by the principal and accessory building.
Building height	“Building height” shall mean the vertical distance from a point as determined in this section to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hip roof. “Building height” does not include such accessory elements as utilities, rooftop mechanical equipment and enclosures for it, chimneys, church spires, water towers and accessory radio antennas. (1) The base point shall be the elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade adjoining the building. (2) The base point shall be 10 feet above the lowest grade adjoining the building when the sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building is more than 10 feet above lowest grade. (3) The height of a steeped or terraced building shall be the height of any segment of the building.
Building, nonconforming	“Nonconforming building” means a legally existing building that fails to comply with this title (for height, number of stories, size, area, yards, location, or use) applicable to the district in which the building is located.
Building permit	“Building permit” means the document or certificate issued by the city of La Center that sanctions adherence to all applicable building and development regulations and gives permission to the applicant to proceed with the actions for which the permit was requested.
Building setback line	“Building setback line” shall mean a line parallel to the front lot line and passing through the most forward point or plane of the building closest to the front lot line.
Building site	“Building site” means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.
Bulk	“Bulk” means the term used to describe the size of buildings or other structures, and their relationship to each other and to open areas and lot lines.
Business services	“Business services” means an establishment primarily engaged in rendering services to other business establishments on a fee or contract basis, not involving the sale of any goods or commodities available on the premises, and not dispensing a personal service. Business service establishments may include, but are not necessarily limited to, activities such as real estate, insurance, accounting or bookkeeping, financial institutions, management or consulting firms, or other similar uses.
Camper	“Camper” shall mean a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational, and/or vacation use.
Camping trailer	“Camping trailer” shall mean a structure mounted on wheels and designed for travel, recreational, and/or vacation uses.
Canopy	“Canopy” means a roof-like structure made of any material that projects from the wall of a building and overhangs a sidewalk.
Car wash	“Car wash” means a building, or portion thereof, containing facilities for washing automobiles utilizing mechanical devices.
Carport	“Carport” shall mean a building designed to cover, but not enclose, automobile parking spaces.
Cemetery	“Cemetery” means a place for the burial or interment of dead persons or household pets.
Certificate of occupancy (occupancy permit)	“Certificate of occupancy (occupancy permit)” means the official certification that a premises conforms to the provisions of this title (and the building code) and may legally be used or occupied. Such a certificate is required for new construction or for alteration or additions to existing structures. Unless such a certificate is issued for new construction, a structure cannot be occupied.
Clearing	“Clearing” means the act of removing existing vegetation, structures or other items from a site prior to undertaking land improvements.
Clinic	“Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment by one person or group of persons licensed as a physician, dentist, chiropractor, therapist, or other similar health-related professional.
Club	“Club” means buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a service that is customarily carried on as a business.
Cluster	Note: This definition applies to cottage housing developments in Chapter 18.185 LCMC. A “cluster” is a group of four to 12 detached individual cottages oriented around or focused towards a common area or feature.
Commission or planning commission	“Commission” or “planning commission” shall mean the planning commission of the city.
Common area	“Common area” means the total area not designed for rental or sale to tenants and that is available for common use by all tenants or groups of tenants and their guests, including such areas as parking lots and their appurtenances, lobbies, malls, sidewalks, landscaped areas, public rest rooms, truck and service facilities, etc.
Common open space	“Common open space” means an area within or related to a development, not in individually owned lots or dedicated for public use, but that is designed and intended for the common use and enjoyment of the residents of a development. For the purposes of cottage housing developments in Chapter 18.185 LCMC, “common open space” means an area within a development which may be used for active and passive activities by all the residents of the subject property. Examples include “village greens,” picnic areas, courtyards, sidewalks, or similar amenities owned and maintained by a homeowners’ association.
Common outdoor area	“Common outdoor area” means one or more of the following: a parking lot; a parking structure or covered vehicular entrance; a common entrance or public space shared by all occupants of the domiciles.
Compact parking space	“Compact parking space” shall mean a rectangle not less than eight feet wide and 15 feet long, together with access and maneuvering space, sufficient to permit a compact automobile to be parked within the rectangle without the necessity of moving other vehicles; said rectangle to be located off the street right-of-way.
Compatible use	“Compatible use” means a use that is capable of existing in harmony with other uses situated in its immediate vicinity.
Comprehensive plan	“Comprehensive plan” means the goals, objectives and policies, documents and maps adopted by motion by the council to guide the physical development of the city; to coordinate city programs, services and controls, and to promote the general welfare.
Concession stand, agricultural or produce	“Concession stand, agricultural or produce” means an open air structure, not to exceed 20 feet by 30 feet in its dimensions, and at which fresh eggs, fruits, vegetables, and/or other agricultural products may be sold from local farms to the public.
Concrete slab	“Concrete slab” means a broad, flat, somewhat thick concrete surface extending under a manufactured home or built in-place to the extent of the structure which rests upon it. Must meet all UBC standards.
Conditional use	“Conditional use” shall mean a use allowed in one or more zones as defined by this title but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special permit in order to provide a particular degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone.
Condominium	“Condominium” means a development in which each dwelling unit is owned individually but all other common elements are jointly owned on a specified basis, most often in a multifamily structure.
Confectionery	“Confectionery” means an establishment engaged solely in the preparation and production of candy products for direct retail sale to the consumer on the premises.
Construction	“Construction” means the building of, or substantial improvement to, any structure or the clearing, filling, or excavation of any land. It shall also mean any alterations in the size or use of any existing structure or the appearance of any land. When appropriate to the context, “construction” refers to the act of construction or the result of construction.
Contiguous	Lands are “contiguous” if they actually adjoin each other and share a common boundary.
Convenience store	“Convenience store” means a retail establishment that is usually open for extended daily hours of business, normally located as a single entity or in a strip building configuration along major roadways, is typically a self-service facility not dependent upon comparison shopping, and by its manner of display and merchandising.
Conversion	“Conversion” means the change of use or purpose to which a structure or building is put.
Cottage	Note: This definition applies to cottage housing developments in Chapter 18.185 LCMC. “Cottage” means a detached single-family dwelling unit, of a defined maximum size, designed to be one of a cluster of similar structures subject to design criteria; one of the units that comprise a cottage housing development (CHD).
Cottage housing development	Note: This definition applies to cottage housing developments in Chapter 18.185 LCMC. “Cottage housing development (CHD)” means a residential development consisting of clusters of cottages designed to share a central and common open space, a limited number of accessory structures, and private community buildings.
Council, city council	“Council” or “city council” shall mean the city council of the city.
Cul-de-sac	“Cul-de-sac” means a local street having only one means of vehicular access to another street and terminating at its other in a circular-shaped turn around. This definition of cul-de-sac shall in no way be interpreted to include a dead-end street.
Curb cut	“Curb cut” means the level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished grade immediately adjacent to a building shall be considered the “curb level.”
Day care	(1) “Family day care provider” means a residential dwelling used by a childcare provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider’s home in the family living quarters unless the capacity limitation is waived by the Department of Children, Youth and Families pursuant to RCW 43.216.692. (2) “Day care center” is an agency that does not meet the definition of a “family day care provider.”
Dedication	“Dedication” means the deliberate appropriation of land by the owner for any general and public uses, reserving to himself no other rights than such as one compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing.
Density	“Density” means the number of permitted dwelling units allowed on each acre of land or fraction thereof. See also “Net density.”
Design storm	“Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs).
Detention facility	“Detention facility” means an above- or below-ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater.
Developer	“Developer” means any person, firm, or corporation undertaking the dividing of any parcel of land by short subdivision or subdivision; also known as the “applicant.”
Development	“Development” means the placement, erection, or removal of any fill, solid material, or structure on land, in or under the water, discharge or disposal of any dredged material or of any liquid or solid waste; or the grading, removing, dredging, mining, or extraction of any materials, including mineral resources; the construction, reconstruction, removal, demolition or alteration of the size of any structure; or the removal or harvesting of vegetation. Development shall not be defined or interpreted to include activities related to or undertaken in conjunction with the cultivation, use, or subdivision of land for agricultural purposes or any improvement made in the interior of any structure.
Development right	“Development right” means a legal claim to convert a tract of land to a specific purpose by construction, installation, or alteration of a building or other structure.
Development, substantial	“Substantial development,” with regard to projects that have been initiated, shall constitute at least 10 percent of the total expected cost (including architectural and engineering fees) to complete the project as it was approved. Development shall also be considered to be substantial if the developer of an approved project has secured financing for the project and can demonstrate, in writing, his or her financial commitments to the project in question.
Discontinue	“Discontinue” means to cease doing or providing (something), typically something provided on a regular basis, for a continuous period of six months.
District, zoning	“Zoning district” means any portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this title and within which certain yards and other open spaces are required, certain lot areas are established, and a combination of such aforesaid conditions are applied.
Domestic animal	“Domestic animal” means an animal normally kept incidental to a single-family dwelling. Included are dogs and cats; excluded are wild or exotic animals, horses and cows, chickens, goats, or other similar animals.
Drainage	“Drainage” means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation, prevention, or alleviation of flooding.
Drainage basin	“Drainage basin” means a geographic and hydrologic subunit of a watershed.
Drive-in or drive-through facility	“Drive-in or drive-through facility” means an establishment that, by design, physical facilities, service, or by packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.
Driveway	“Driveway” means that space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.
Dwelling	“Dwelling” shall mean a building or portion thereof, designed or used as the residence or sleeping place of one or more persons.
Dwelling, duplex/triplex/fourplex	“Duplex/triplex/fourplex dwelling” means a building on a single lot containing two, three, or four individual dwelling units that are separated from each other by a wall or floor/ceiling. This definition does not include accessory dwelling units.
Dwelling, multifamily	“Multifamily dwelling” means a building or portion thereof designed or used as a residence by two or more families and containing two or more dwelling units. The land underneath the structure is not divided into separate lots. This definition includes apartments and duplex/triplex/fourplex dwellings.
Dwelling, single-family	“Single-family dwelling” shall mean a building designed or used for residence purposes by not more than one family, and containing one dwelling unit only on a single lot. (1) “Attached” shall mean single-family dwellings sharing common walls. This definition includes townhouses or rowhouses. (2) “Detached” shall mean physically separated from any other dwelling unit and not sharing common walls. Accessory dwelling units may be located within or attached to detached single-family dwellings.
Dwelling unit	“Dwelling unit” shall mean one or more rooms designed for occupancy by one family, and not having more than one cooking facility. For the purpose of this title, the term “dwelling unit” does not include the term “travel trailer” or “mobile manufactured home.”
Easement	“Easement” means a right which one person has to use the land of another for a specific purpose.
Elevation	“Elevation” shall mean: (1) The vertical distance above or below a fixed reference level; or (2) A flat scale drawing of the front, rear, or side of a building or structure.
Emergency shelter	“Emergency shelter” means a facility whose primary purpose is to provide housing for individuals and families in the event of an emergency or an emergency hazardous situation.
Eminent domain	“Eminent domain” means the authority of the city of La Center or other government agency to take, or to authorize the taking of, private property for public use with just compensation to the owner.
Employees	“Employees” shall mean all persons, including proprietors, working on the premises during the largest shift at peak season.
Energy-efficient structure	“Energy-efficient structure” shall mean a structure designed and built to comply with the annual thermal performance standards established by the Northwest Power Planning Council as the Model Conservation Standards.
Engineer	“Engineer” means the city public works director or his or her designee as determined by the city council.
Enlargement	“Enlargement” means an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.
Environment	“Environment” means the physical, social and economic conditions that exist within the area which will be affected by a proposed project.
Environmentally sensitive lands, potential	“Potential environmentally sensitive lands” are lands shown on the city zoning map as an overlay to demonstrate areas which may contain wetlands, steep slopes, or other similar environmentally critical features which may limit or prevent construction.
Erected	“Erected” includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, paving, and the like shall be considered within the definition of “erected.”
Erosion	“Erosion” means the detachment and movement of soil or rock fragments by water, wind, and/or gravity.
Establishment	“Establishment” means an economic unit, generally at a single physical location, where business is conducted or services are offered.
Facade	“Facade” means the front of a building, particularly that part of a building facing a street or courtyard.
Family	“Family” shall mean two or more persons customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boarding, or lodging house, or other group of unrelated individuals not exceeding six in number.
Fence	“Fence” means any artificially constructed barrier or any material or combination of materials erected to enclose or screen areas of land, and is six feet or less.
Fence, sight-obscuring	“Sight-obscuring fence” shall mean a fence or evergreen planting, or combination of fence and planting, arranged in such a way as to obstruct vision.
Fill	“Fill” means earth or any other approved substance or material.
Final plat	“Final plat” or “plat, final” means the final drawing of a land division and/or dedication, prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title and in state law.
Financial institutions	“Financial institutions” means establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, and other similar uses.
Flag lot	“Flag lot” means a lot the developable portion of which is separated from the public right-of-way to which the lot has direct access by a narrow strip of land often used as a driveway. Creation of a flag lot is subject to additional standards in Chapter 18.210 LCMC.
Flea market	“Flea market” means an occasional sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, but not to include private garage sales.
Flood	For the definition of “flood,” see LCMC 18.300.030.
Floor	“Floor” means the top surface of an enclosed area in a building (including basement), i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction. The term does not include the floor of a garage used primarily for the parking of vehicles and where openings are installed to allow the free passage of water.
Floor area	“Floor area” means the sum of the gross horizontal areas of all of the floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. Floor area shall include the area of basements when used for residential, commercial or industrial purposes, but need not include a basement or portion of a basement used for storage or housing of mechanical equipment, or the basement apartment of a custodian in a multifamily dwelling, except that portion of said custodian’s dwelling unit which is in excess of 50 percent of the total basement area.
Footcandle	“Footcandle” is the standard imperial unit used to measure illuminance, or the amount of light falling onto a surface, such as a roadway or athletic field. One footcandle equals one lumen per square foot. One footcandle equals approximately 10 lux.
Foster home	“Foster home” means a home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than five unrelated juveniles, adults or both.
Frontage	“Frontage” shall mean that portion of a parcel of property which abuts a dedicated public street or highway, or private road or driveway approved by the city.
Frontage, corner lot	“Corner lot frontage” means all the property on two sides of a street between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on two sides between an intersecting street and the dead-end of the street. This definition also includes ingress-egress easements when used as the only means of access.
Fuel storage facility	“Fuel storage facility” means an area that is used or planned to be used for the storage of petroleum. The facilities may be aboveground or underground storage tanks.
Full cutoff	“Full cutoff” means a shielded luminaire where zero luminous flux is emitted above the horizontal (90 degrees above nadir) and not more than 10 percent of lamp lumens are emitted at or above 80 degrees above the nadir.
Garage	“Garage” means a building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, or storing motor vehicles internally and enclosed within the building.
Garage, detached	“Detached garage” shall mean an accessory building intended and primarily used for the storage of motor vehicles, which is separate from and secondary to the main structure of the occupants.
Geologically hazardous areas	“Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake or other geological events, are not suited to the siting of commercial, residential or industrial development consistent with public health or safety.
Glare	“Glare” means light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility. The IES BUG rating defines glare as luminous flux emitted from the spherical wedge between 60 and 90 degrees from the nadir.
Grade	“Grade” (ground level) shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
Greenhouse	“Greenhouse” means an enclosed building, permanent or portable, that is used for the growth of plants.
Gross area	The total area within the boundaries of a property or properties. See also “Net area.”
Ground floor area	“Ground floor area” means the square footage area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, patios, swimming pools, parking areas, driveways, garages, exterior stairways, secondary stairways, and drive-through teller lanes or walk-up windows of financial institutions only. Ground floor area is the total building area used in determining the percentage of lot coverage.
Groundwater	“Groundwater” means the portion of water contained in interconnected pores or fractures in a saturated zone or stratum located beneath the surface of the earth or below a surface water body.
Groundwater management	“Groundwater management” means the management and coordination of groundwater regulations, strategies, policies, and technical information for the protection and use of groundwater resources.
Group care facility	“Group care facility” means a facility licensed by the state to provide, on a 24-hour basis, training, care, custody, correction or control, or any combination of those functions, to one or more persons who may be children, the aged, disabled, underprivileged, indigent, handicapped or other special class of persons, either by governmental unit or agency or by a person or organization devoted to such functions. This term shall not include schools, hospitals, prisons or other social service facilities.
Group home	“Group home” means any home, place or institution for children or adults who cannot live with their families. These homes are often established in typical residential neighborhoods and often contain the typical features of a household. Many different kinds of residents can live at group homes including physically disabled individuals, mentally disabled individuals, individuals in substance rehabilitation programs, children in foster care, individuals with chronic disabilities, or juvenile offenders/troubled teens.
Gutter	“Gutter” means a constructed waterway, usually along a street curb, installed to collect and conduct street surface water.
Habitable floor	“Habitable floor” shall mean any floor usable for living purposes including working, sleeping, eating, cooking, or recreating uses, or any combination of these uses. A floor used only for storage purposes is not a “habitable floor.”
Hardscape	“Hardscape” means permanent improvements to a site including (but not limited to) parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and nonvegetated landscaping that is 10 feet or less in extent measured away from edges of structures. Hardscape materials may include concrete, asphalt, stone, brick, gravel and similar substances.
Hardscape area	“Hardscape area” means the area measured in square feet of all hardscape. It is used to calculate the total site lumen limit.
Hazardous waste	“Hazardous waste” shall mean all dangerous and extremely hazardous waste as defined in RCW 70.105.010 except for moderate-risk waste. RCW 70.105.010 is adopted by reference for the purposes of this definition.
Hazardous waste storage	“Hazardous waste storage” shall mean the holding of dangerous waste for a temporary period as regulated by State Dangerous Waste Regulations, Chapter 173-303 WAC. For purposes of this title, Chapter 173-303 WAC as existing and hereafter amended is adopted by reference.
Hazardous waste treatment	“Hazardous waste treatment” shall mean the physical, chemical, or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.
Hazardous waste treatment and storage facility, off-site	“Off-site hazardous waste treatment and storage facility” shall mean treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located.
Hazardous waste treatment and storage facility, on-site	“On-site hazardous waste treatment and storage facility” shall mean treatment and storage facilities that treat and store waste from generators on properties on the same geographically contiguous or bordering property.
Health care facility	“Health care facility” means an establishment primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners; medical and dental laboratories; outpatient care facilities; blood banks; and oxygen and miscellaneous types of medical supplies and services.
Health club	“Health club” means gymnasiums (except those associated with educational institutions), private clubs (athletic, health, or recreational), reducing salons, and weight control establishments.
Hearings examiner	“Hearings examiner” shall mean the person(s) appointed hearings examiner by the city council of La Center pursuant to Chapter 2.35 LCMC.
Historic property	“Historic property” means a building, structure, object, area or site that is significant in the history, architecture, archaeology or culture of La Center, the region or the nation.
Home occupation	“Home occupation” shall mean an occupation, profession, or craft secondary to the use of a dwelling unit for residential purposes, is carried on by a member of the family residing within the residence, and requires no structural alterations or changes in the dwelling unit.
Homeowner’s association	“Homeowner’s association” shall mean a nonprofit organization operating under recorded land agreements through which the following take place: (1) Each person owning or purchasing a lot in a planned unit or other described land area is automatically a member by such ownership or purchase. (2) Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintaining a common property. (3) Construction and maintenance responsibilities for any undivided property are identified and assigned.
Hospital	“Hospital” shall mean an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis.
Hotel	“Hotel” shall mean a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests.
House of worship/church	“House of worship/church” means a building or structure wherein persons regularly assemble for religious worship, is specifically designed and used primarily for such purpose, and is maintained and controlled by a religious body organized to sustain public worship.
Illuminance	“Illuminance” means the quantity of light striking a surface, which varies with distance and angle. Also known as luminous flux density.
Illuminated sign	“Illuminated sign” means any sign that has characters, letters, figures, designs or outlines illuminated by electric lights, or from a remote position.
Immediate vicinity	“Immediate vicinity,” with regard to the built or manmade environment, refers to all development that is within 500 linear feet of any proposed development, measured in a straight line from the property line that is closest to any existing development.
Impervious surfaces	“Impervious surfaces” means those surfaces that do not absorb water and consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt on a lot.
Improvement	“Improvement” means any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment.
Improvement plans	“Improvement plans” means the technical drawings of the design and proposed construction of such items as streets, water and sewer systems, and drainage detention systems.
Incompatible use	“Incompatible use” means a use that is incapable of existing in harmony with the natural environment or with other uses situated in its immediate vicinity.
Indoor amusement	“Indoor amusement” means establishments engaged in providing entertainment indoors for a fee or admission charge, including such activities as theaters, bowling, pool, billiards, or arcades, that feature three or more coin- or token-operated devices, such as pinball and video games.
Indoor storage	“Indoor storage” means the keeping of any goods, materials, merchandise, or supplies as an accessory use to any retail, office, or service use.
Industrial park	“Industrial park” means a planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site circulation, parking, utility needs, building design and orientation, and open space.
Industry, heavy	“Heavy industry” means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in the storage of, or manufacturing processes that potentially involve, hazardous or commonly recognized offensive conditions.
Industry, light	“Light industry” means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including process, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
Infiltration	“Infiltration” means the downward movement of water from the surface to the subsoil.
Initial lumens	“Initial lumens” means the total luminous flux of a luminaire assuming it is new and not subject to diminution of light output due to age or condition.
Irregular lot	“Irregular lot” means a lot which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line.
Joint parking	“Joint parking” means a single parking area that meets the parking requirements of two or more uses, which have different peak parking periods. Joint parking areas may have less off-street parking than the sum of the minimum requirements for each use.
Land clearing	“Land clearing” means the exposure of earth by the removal of vegetative cover of any kind.
Land-disturbing activity	“Land-disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation.
Land division	“Land division” means a short subdivision or subdivision.
Landscape plan	“Landscape plan” means a detailed sketch to scale illustrating the type, size, location and number of plants and other landscape elements to be placed in a development.
Landscaping	“Landscaping” shall mean not only trees, grass, bushes, shrubs, flowers, and garden areas, but also the arrangement of fountains, patios, decks, street furniture, and ornamental concrete or stonework areas and artificial turf or carpeting, but excluding artificial plants, shrubs, bushes, flowers, and materials in movable containers.
Laundromat	“Laundromat” means an establishment providing washing and drying machines on the premises for rental use to the general public for family laundering purposes.
LED	“LED” means light emitting diode.
Light trespass	“Light trespass” means any light that falls beyond the legal boundaries of the property it is intended to illuminate.
Livestock	“Livestock” means farm animals, such as horses, cattle, pigs, goats, or poultry, kept for their services or raised for food and other products.
Loading space	“Loading space” means an off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
Lodging house	“Lodging house” means a building other than a hotel where lodging is provided for five or more persons for compensation pursuant to previous arrangements, but not open to the public or transients, and meals and drinks are not served.
Lot	“Lot” shall mean a parcel of land used or which is capable of being used under the regulations of this title, lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of its creation. “Lot” shall also mean the individual leaseholds within an approved manufactured home park.
Lot area	“Lot area” shall mean the computed area contained within the lot lines, said area to be exclusive of street or alley rights-of-way.
Lot, building	“Building lot” means land occupied or to be occupied by a building and its accessory buildings.
Lot, corner	“Corner lot” shall mean a lot abutting upon two or more streets at their intersection, or upon two parts of the same street; such street or parts of the same street forming an interior angle of less than 130 degrees within the lot lines.
Lot coverage	“Lot coverage” shall mean that percentage of the total lot area covered by structures, including decks and all other projections except eaves.
Lot depth	“Lot depth” shall mean the horizontal distance between the midpoint of the front lot line and opposite lot line, usually the rear lot line. In the case of a corner lot, the depth shall be the length of the street side lot line.
Lot dimensions, minimum standards	“Lot dimensions, minimum standards” means the smallest width or depth permitted on a lot within a zone.
Lot, interior	“Interior lot” shall mean a lot or parcel of land other than a corner lot.
Lot line	“Lot line” shall mean the property line bounding a lot.
Lot line, front	“Front lot line” shall mean the property line abutting a street, or approved private road or easements. For corner lots, the front lot line is the property line abutting a street with the narrowest frontage. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the lot line closest to and most parallel with the street, excluding the unbuildable portion of the pole.
Lot line, rear	“Rear lot line” shall mean a lot line which is opposite and most distant from the front lot line; and in the case of an irregular, triangular, or other shaped lot, a line 10 feet in length within the lot, parallel to and at a maximum distance from the front lot line.
Lot line, side	“Side lot line” shall mean any lot line which is not a front or rear lot line.
Lot line, street side	“Street side lot line” shall mean any side lot line that abuts a public street right-of-way or public or private access easement.
Lot of record	“Lot of record” shall mean a lot as shown on the records of the county assessor or county auditor at the time of the passage of this title; provided, however, this shall not include lots that may appear on the records of the county assessor which were created contrary to the provisions of laws and regulations in effect prior to the passage of this title. Any lots created after the adoption of this title shall comply with the standards contained within.
Lot, through	“Through lot” shall mean an interior lot having a frontage on two streets and/or highways.
Lot width	“Lot width” shall mean the horizontal distance measured at the building setback line between the two opposite side lot lines. Average lot width shall be the average of the front and rear lot lines.
Lounge	“Lounge” means a building, or portion of a building, wherein alcoholic beverages are sold by the drink and consumed on premises.
Lumen	“Lumen” (lm) means a unit of luminous flux used to quantify the amount of light produced by a lamp or emitted from a luminaire that is independent of the distance between the lamp and the viewer.
Luminaire	“Luminaire” means the complete lighting unit (fixture), consisting of a lamp, or lamps, ballasts (when applicable), electrical and electronic components, the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply. The lumen rating of a luminaire assumes the lamp or luminaire is new and has not depreciated in light output; see “Initial lumens.”
Maintain	“Maintain” shall mean to cause or allow to continue in existence. When the context indicates, the word means to preserve and care for a structure; improve or condition an area to such an extent that it remains attractive, safe, presentable, and carries out the purpose for which it was installed, constructed, or required.
Manufactured home	“Manufactured home” shall mean a new manufactured home and meet all other requirements for a designated manufactured home as defined by RCW 35.63.160.
Manufactured home community	“Manufactured home community” means any real property which is rented or held out for rent to others for the placement of two or more mobile homes, manufactured homes, or park models for the primary purpose of producing income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy. RCW 59.20.030.
Manufactured home subdivision	“Manufactured home subdivision” means real property, whether it is called a subdivision or a condominium, consisting of common areas and two or more lots held for placement of mobile homes, manufactured homes, or park models in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots. RCW 59.20.030.
Mini-storage or mini-warehouse	“Mini-storage” or “mini-warehouse” means a building or group of buildings consisting of individual storage units not exceeding 400 square feet per storage unit that are leased or owned for the storage of business and household goods or contractor’s supplies. These facilities shall not be used for any wholesale or retail operations.
Mixed-use zoning	“Mixed-use zoning” means zoning that permits a combination of typically separated uses within a single development. A planned unit development is an example of mixed-use zoning. Mixed-use, in an urban context, refers to usually a single building with more than one type of activity taking place within its confines. An example of such a type of development could have commercial uses on the ground floor, office above them, and residential units above the office. Other combinations of uses may also occur in this type of setting.
Mobile home	“Mobile home” means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401) and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. RCW 59.20.030.
Modular home	“Modular home” shall mean 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, that does not contain its own running gear, and that must be mounted on a permanent foundation. A modular home does not include a mobile or manufactured home.
Motel	“Motel” shall mean a building or group of buildings on the same lot containing guest units with separate entrances directly to the exterior, and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities for rental to transients.
Motor home	“Motor home” shall mean a portable, temporary dwelling to be used for travel, recreational, and/or vacation use constructed as an integral part of a self-propelled vehicle.
Nadir	“Nadir” means the local direction corresponding to the vector between any point on the surface on the Earth and the center of the Earth, which may be visualized with the use of a plumb bob.
National Register of Historic Places	“National Register of Historic Places” means a list of properties that have been formally judged to have historic significance and which have been accepted by the keeper of the National Register.
Neighborhood	“Neighborhood” means an identifiable geographic area of relatively small size; a collection of units and other land uses that provide a relationship between dwellings, school, religious facilities, minor retail and/or other local facilities.
Net area or net acre	“Net area” or “net acre” means the gross area of a site expressed in acres of the development property minus public rights-of-way, private streets, public utility easements, public parks, and undeveloped critical areas and required buffers. Otherwise unbuildable areas, such as critical areas and buffers and public utility easements, that are developed, counted toward meeting minimum residential lot sizes or used to meet density transfer standards, cannot be deducted from gross area to calculate net area.
Net density	“Net density” means the number of dwelling units per net area.
New construction	“New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this title.
Night club	“Night club” means an establishment that has a capacity for at least 30 persons seated at tables and the bar employs a bartender and maintains table service, dancing, and/or live entertainment for the guests.
Nonconforming development	“Nonconforming development” shall mean one or more elements of a development, such as setbacks, screening, height or parking area requirements that were created in conformance with the development regulations but which subsequently, due to a change in the zone or zoning regulations, do not conform to the current regulations imposed by this title or amendments thereto.
Nonconforming lot	“Nonconforming lot” means a lot as defined in this section that does not comply with currently applicable city regulations.
Nonconforming use	“Nonconforming use” shall mean a use of land which lawfully existed at the time the ordinance codified in this title, or any amendment thereto, becomes effective, but which does not conform to the current regulations imposed by this title or such amendment thereto.
Nuisance	“Nuisance” shall include those definitions contained in Chapters 7.48 and 9.66 RCW. Any violation of this title shall constitute a nuisance, per se.
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 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves. Chapter 18.51 RCW.
Occupancy	“Occupancy” means the physical placement of a structure on land, or the utilization of land on a temporary or permanent basis. This includes existing structures built prior to the enactment of this title that do not have authorization by virtue of a valid permit issued.
Office	“Office” means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
Off-street parking	“Off-street parking” means the minimum off-street, on-site parking of vehicles that shall be provided under the terms of this title.
Open space	“Open space” means an area that is intended to provide light and air, and is designed for environmental, scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, golf courses, playgrounds, fountains, swimming pools, wooded areas, water courses, driveways, and other surfaces designed or intended for vehicular travel, but shall not include any required off-street parking areas.
Ordinance	“Ordinance” means a law set forth by governmental authority; a municipal regulation adopted by the legislative branch of the locality.
Overlay zone	“Overlay zone” means a zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond that required by the underlying zones.
Owner	“Owner” shall mean the owner of record of real property as shown on the tax rolls of the county, or person purchasing a piece of property under contract. For the purposes of this title, in terms of violations and binding agreements between the county and the owner, “owner” shall also mean a leaseholder, tenant, or other person in possession or control of the premises or property at the time of agreement, violations of agreement, or the provisions of this title. For the purpose of processing an application for a land use approval or permit under this title, where such application or permit must be filed by an owner, the term “owner” also includes a governmental entity contemplating acquisition of a parcel for a use which would require such permit or approval.
Parcel	“Parcel” means a continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.
Park model	“Park model” means a recreational vehicle intended for permanent or semipermanent installation and used as a primary residence. RCW 59.20.030.
Park, public	“Public park” means an area that may be improved for the purpose of providing public access in a manner consistent with the preservation of its recreational, educational, cultural, historical, or aesthetic qualities.
Parking lot and/or garage	“Parking lot and/or garage” means an off-street facility used for the storage or parking of four or more motor vehicles to provide an accessory service to a commercial, industrial, public or residential use.
Parking space	“Parking space” shall mean a rectangle not less than 20 feet long and nine feet wide, together with access and maneuvering space, sufficient to permit a standard automobile to be parked within the rectangle without the necessity of moving other vehicles, said rectangle to be located off the street right-of-way.
Parking structure	“Parking structure” means a stand-alone structure used for the storage or parking of motor vehicles. The footprint of a parking structure will be included in the calculation of lot coverage.
Pedestrian-oriented space	“Pedestrian-oriented space” means an outdoor space intended to feature a concentration of commercial and pedestrian activity. Such spaces have a pedestrian scale and feature multiple pedestrian amenities such as benches and tables, artwork, drinking fountains, decorative waste receptacles, bicycle racks, landscaping, and fountains. Pedestrian-oriented spaces may include plazas, court yards, or parkways. A pedestrian-oriented space shall be specifically designated by the review authority.
Pedestrian-oriented street	“Pedestrian-oriented street” means a street intended to feature a concentration of commercial and pedestrian activity. Such streets feature multiple pedestrian amenities, pedestrian-scale features, slow-moving traffic, narrow travel lanes, limited on-street parking, wide sidewalks. A pedestrian-oriented street shall be specifically designated by the review authority.
Pedestrian scale	“Pedestrian scale” means the use of human-proportioned architectural features and site design elements clearly oriented to pedestrian activity. Such elements are typically smaller in scale and more proportional to the human body, rather than monumental or large scale, and include surface texture and patterns, lighting, colors, materials, and architectural details.
Permit	“Permit” means any license, certificate, approval, or other entitlement for use granted by any public agency.
Permittee	“Permittee” shall be the person who is proposing to use or who is using the land pursuant to any permit required herein.
Personal service	“Personal service” means beauty parlors, shops or salons; barbershops; reducing or slenderizing studios; electrolysis services; manicurists; and the like.
Plant nursery	“Plant nursery” means an enterprise, establishment, or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items (but not farm implements) directly related to their care and maintenance. The accessory items normally sold include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels.
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 and dedications.
Plat, preliminary	“Preliminary plat” means a neat and approximate drawing of either a proposed subdivision showing the general layout of rights-of-way and easements, streets and alleys, lots, blocks, and tracts in the subdivision or short subdivision, and other elements of a subdivision which shall furnish a basis for the approval or disapproval of the general layout of the preliminary plat.
Plot	“Plot” means a parcel of ground containing more than one lot upon which a building and its accessory buildings have been or may be erected.
Premises	“Premises” means land and all buildings and structures thereon.
Preschool facility	“Preschool facility” means an educational center or establishment, including a kindergarten, that provides primarily instruction, supplemented by daytime care, for four or more children between the ages of two and five years, and which operates on a regular basis.
Private clubs	“Private clubs” means organizations that are privately owned and operated by their members and not operated for profit, and which maintain recreational, dining, and/or athletic facilities for the exclusive use of the members and their guests and uses accessory or incidental thereto.
Private community building	Note: This definition applies to cottage housing developments in Chapter 18.185 LCMC. “Private community building” means a structure owned and maintained by a cottage housing development and used for social and recreational activities solely by the residents of the cottage housing development (CHD).
Private open space	Note: This definition applies to cottage housing developments in Chapter 18.185 LCMC. “Private open space” (yard) means usable outdoor space directly accessible to a cottage, with use restricted to the occupants of that unit and belonging to the owner(s) of the unit; intended to be a buffer between the cottage and the common open space.
Private parking	“Private parking” means parking facilities for the noncommercial use of the occupant and guests of the occupant, which includes garages and carports as long as dimensional requirements of off-street parking are met.
Private road	“Private road” or “road, private” means an easement or parcel created to provide access from a public right-of-way to or through a lot, the maintenance of which shall be the responsibility of the lot owners having access thereto.
Prohibited use	“Prohibited use” shall mean any use which is not specifically enumerated or interpreted as allowable in that district.
Professional office	“Professional office” means the office of a person engaged in any occupation, vocation, or calling not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon.
Professional service	“Professional service” means the conduct of business in any of the following related categories: advertising, architecture, landscape architecture, engineering, planning, law, medicine, music, art, interior design, dentistry, accounting, insurance, real estate, finance and securities investments, and any similar type business.
Public assembly, place of	“Place of public assembly” means any area, building or structure where large numbers of individuals meet or collect to participate or to observe programs of participation. Places of public assembly shall include theaters, auditoriums, gymnasiums, stadiums, houses of worship, or comparable facilities.
Public building	“Public building” shall mean buildings which are owned, operated, and maintained by a public agency such as City Hall, police and fire stations, educational institutions, zoos, museums, and the like.
Public improvement	“Public improvement” means any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility, and energy services.
Public use	“Public use” means the use of any land, water, or building by a public agency for the general public, or by the public itself.
Public utility	“Public utility” means any person, firm, corporation, governmental department, or board, duly authorized to furnish under government regulations to the public, electricity, gas, communications, transportation, or water.
Recreational space	“Recreational space” shall mean an area that shall be improved and maintained for its intended use. Exterior as well as interior areas can constitute recreation space. Examples of usable recreation space include swimming pools, community buildings, interior gyms, picnic areas, tennis courts, community gardens, improved playgrounds, paths and passive seating areas.
Recreational vehicle	“Recreational vehicle” shall mean a vehicular type of unit designed as temporary living quarters which either has its own mode of power or is mounted on or drawn by another vehicle. It is transient, not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot.
Rehabilitation center	“Rehabilitation center” means a home, place, or institution where patients and former patients go for physical and occupational therapy, speech therapy, psychological rehabilitation, or any other treatment designed to restore their well-being after an illness, surgery, or trauma involving loss of function. It may include room and board and/or may include outpatient services.
Residential treatment facility	“Residential treatment facility” means a facility that provides both a residence (for varying periods of time) and a care component. Among such facilities are group care homes, emergency or homeless shelters (including victims of violence), recovery homes, and nursing homes, rest and convalescent homes, and orphanages.
Residential use	“Residential use” means use of land or structure thereon, or portion thereof, as a dwelling place for one or more families or households, but not including occupancy of a transient nature such as in hotels, motels, or time-sharing condominium uses.
Retail food establishment	“Retail food establishment” means any fixed or mobile place or facility at or in which food or beverages are offered or prepared for retail sale or for service. The definition includes restaurants, fast food restaurants, carry-out restaurants and drive-in restaurants. A cafeteria shall be deemed a restaurant for purposes of this title.
Retail trade	“Retail trade” means establishments primarily engaged in providing finished products to individual consumers. Retail trade establishments may include, but are not limited to, apparel, books, groceries, camera shops, convenience stores and automobile service stations.
Retirement home	“Retirement home” means a place of residence for several families or individuals in apartment-like quarters, which may feature services such as limited nursing facilities, minimum maintenance living accommodations and recreation programs and facilities.
Review authority	“Review authority” means the officer designated by the city of La Center to enforce and administer this title, or his or her duly authorized representative.
Right-of-way	“Right-of-way” means a street, alley, or other thoroughfare or easement, whether physically accessible or not, that has been permanently established or dedicated for the passage of persons or vehicles. Title to this land remains with the public or private agency until the need no longer exists.
Rooming house	“Rooming house” shall mean a building wherein furnished rooms without cooking facilities are rented for compensation to three or more nontransient persons, not included in the family unit of the owner or tenant of the premises.
Screening	“Screening” means a device or materials used to conceal adjacent land or development. Screening may include walls, berms, or vegetation that must be of sufficient density to block the view of adjacent land or development from either side of the screen. The screen, if vegetative, shall be planted and maintained to completely block the view of adjacent land or development after 12 months. The screen shall be maintained or constructed at such a density as to block the view to adjacent properties.
Setback	“Setback” shall mean the minimum allowable horizontal distance from a property line to the nearest vertical wall or other element of a building or structure as defined herein. Setback is not measured from the curb unless the curb also is the property line.
Shared access facility	“Shared access facility” shall mean a frontage or service road generally parallel to an arterial or connecting parcels to an arterial; alternately, a common accessway serving businesses with one or more ownerships.
Shared parking	“Shared parking” means a single parking area that meets minimum parking requirement of two or more uses, which have overlapping peak parking periods. Shared parking facilities provide sufficient parking to meet the minimum requirements of each use (e.g., parking requirements of use X plus the parking requirements of use Y).
Short plat	“Short plat” means the map or representation of a short subdivision showing thereon the proposed division of a tract or parcel of land into lots, blocks, streets and alleys, or other land divisions.
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.
Sidewalk	“Sidewalk” means that portion of a transition strip improved for pedestrian traffic in accordance with standards fixed by the review authority.
Sign	“Sign” means anything whatsoever placed, erected, constructed, posted, or affixed in any manner on the ground or to any post, fence, building, or structure for out-of-doors advertising, but not including devices, structures or representations installed by any governmental authority.
Site	“Site” shall mean the lot(s), parcel(s) and tract(s) included in a proposed subdivision or short subdivision and contiguous lots, parcels or tracts in which the owner of the site has a greater than possessory interest.
Site plan	“Site plan” shall mean a plan prepared to scale, showing accurately and with complete dimensions all proposed and existing buildings, landscaping, open space, structures and features on abutting properties, and parking proposed for a specific parcel of land.
Skyglow	“Skyglow” means the brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere and has the effect of reducing one’s ability to view the night sky.
Small animal husbandry (commercial)	“Small animal husbandry (commercial)” means the raising of mink, fox, nutria, rabbits, pigs, sheep, goats, chickens, turkeys, guinea hens and similar small animals and fowl not for the primary consumption of or used by the occupants of the premises.
Soil	“Soil” means the surface layer of the earth supporting plant life.
Soil removal	“Soil removal” means removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar materials or combination thereof, except common household gardening.
Solar access	“Solar access” shall mean the availability of direct sunlight to solar energy systems.
Solar access easement	“Solar access easement” shall mean a right expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring solar access to solar energy systems.
Solar energy system	“Solar energy system” shall mean any structural element, device, or combination of devices or elements which rely upon direct sunlight as an energy source, including, but not limited to, any substance or device which collects, stores, or distributes sunlight for use in the following: (1) The heating or cooling of a structure or building; (2) The heating or pumping of water; (3) Industrial, commercial, or agricultural processes; or (4) The generation of electricity. Use of this term includes passive, active and hybrid systems. Attached solar energy systems shall be considered as a part of the structure or building to which they are attached. Detached solar energy systems shall be considered accessory uses.
Storage, open	“Open storage” means the safekeeping of any goods or products in an unoccupied space, open to the sky, for eventual removal not expected within 72 hours or for continuous replacement by same or similar goods or products.
Stormwater	“Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.
Story	“Story” shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement or unused under-floor space shall be considered as a story.
Street	“Street” shall mean all roads, streets, highways, freeways, easements, and public rights-of-way used for or designed for vehicular access or use including private roads but not including private driveways.
Street line	“Street line” means the dividing line between any street, road or other thoroughfare and the adjacent lots.
Street, public	“Public street” means a street affording the principal means of access to abutting property, and dedicated to or maintained by the city of La Center, Clark County, or the state of Washington affording the principal means of access to abutting property and with a right-of-way or easement.
Structural alteration	“Structural alteration” or “alteration, structural” means any material or dimensional changes in the structural elements of a building such as bearing walls, columns, beams, and roofs.
Structure	“Structure” shall mean that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground, or which is attached to something having a location on the ground.
Subdivision	“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Substantial improvement	“Substantial improvement” means any combination of repairs, reconstruction, alteration, or improvements to a structure taking place during the life of a structure, in which the cumulative cost equals or exceeds 50 percent of the assessed value of the structure. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
Surface water	“Surface water” means waters that flow over the land surface and frequently interact with groundwater.
Swale	“Swale” means a shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot.
Tavern	“Tavern” means a building where beer and/or wine is served to the public, which holds a class “A” or “B” license from the Washington State Liquor and Cannabis Board.
Telecommunications facilities	“Telecommunications facilities” shall mean a land use that sends and/or receives radio frequency signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they all are situated.
Temporary building or structure	“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures which have no required permanent attachment to the ground.
Toe of slope	“Toe of slope” means a point or line on the upper surface of a slope where it changes to horizontal or meets the original surface. The outermost inclined surface at the base of a hill; part of a foot slope.
Topography	“Topography” means the drawing accurately on a map lines that represent particular and consistent elevation levels on the land area depicted on said drawing; also, the actual physical surface’s relief characteristics.
Townhouse or rowhouse	“Townhouse” or “rowhouse” means a single-family attached dwelling unit designed exclusively for occupancy by one family, no portion of which lies vertically under or over any portion of any adjacent unit, and which is attached to one or more other dwelling units by common walls which may be located on side lot lines.
Tract	“Tract” means a fractional part of divided lands having fixed boundaries that is intended for and limited to use for purposes other than development as a lot. A tract may be for open space, drainage, access or other purposes authorized by the city.
Trailer	“Trailer” means a separate vehicle, not driven or propelled by its own power, but drawn by some independent power; to include any portable or movable structure or vehicle including trailers designed for living quarters, offices, storage, or for moving or hauling freight, equipment, animals, or merchandise of any kind, including boats, boat trailers, jet skis, half tracks, snowmobiles, and the like, not included in other definitions.
Travel trailer	“Travel trailer” means a vehicle with or without motor power primarily designed as temporary living quarters for recreational, camping, or travel use, and in which the plumbing, heating, and electrical systems contained therein may be operated without connection to outside utilities, being of such size or weight as not to require a special highway movement permit. The term shall include truck campers.
Treatment best management practice	“Treatment best management practice” means a BMP that is intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales and constructed wetlands.
Unstable slopes	“Unstable slopes” means those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit, movement of earth.
Uplight	“Uplight” means the luminous flux radiated in the hemisphere at or above the horizontal plane defined perpendicular to the nadir direction at the photometric center of an exterior luminaire.
Use	“Use” means the purpose that land or structures now serve or for which it is occupied, maintained, arranged, designed or intended.
Use, principal	“Principal use” means the main use of land or buildings as distinguished from a subordinate or accessory use.
Use, temporary	“Temporary use” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.
Utilities easements	“Utilities easements” means rights-of-way that may be used by public utilities, including, but not limited to, electricity, water, natural gas, sewer, telephone, and television cable for the construction, operation, maintenance, alteration, and repair of their respective facilities.
Utility substation facilities	“Utility substation facilities” shall mean a subsidiary or branch facility utilizing aboveground structures, which is necessary to provide or facilitate distribution, transmission, or metering of water, gas, sewage, radio signals and/or electric energy and telecommunication signals. Such facilities have a local impact on surrounding properties and may consist of, but are not limited to, the following: (1) Water, gas, telecommunication and electrical distribution or metering sites; (2) Water or sewage pumping stations; (3) Water towers and reservoirs; (4) Public wells and any accessory treatment facilities; (5) Transmission towers and accessory equipment to provide radio and data communications service, radio paging, or cellular communications service; (6) Telecommunication facilities.
Variance	“Variance” means a modification of the terms of this title to a particular piece of property which, because of special circumstances, is deprived of privileges enjoyed by other properties of the same zone and which modification remedies the disparity in privileges.
Vertical mixed use	“Vertical mixed use” means a multistory building that includes both nonresidential and residential uses. Residential uses are generally on the upper floors.
Veterinary hospital or clinic	“Veterinary hospital or clinic” means a building used to provide health care services to animals.
Video sales and rentals	“Video sales and rentals” means commercial establishments engaged in the sale and rental of video equipment, tapes and accessories for home entertainment.
Vision clearance area	“Vision clearance area” shall mean a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection.
Visual obstruction	“Visual obstruction” shall mean any fence, hedge, tree, shrub, device, wall, or structure exceeding three and one-half feet in height above the elevation of the top of the curb, and so located on a street or alley intersection as to dangerously limit the visibility of persons in motor vehicles on said streets or alleys. This does not include trees kept trimmed of branches to a minimum height of at least six feet.
Warehouse	“Warehouse” means a building used primarily for the storage of goods and materials.
Watershed	“Watershed” means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC.
Wetlands	“Wetlands” shall mean those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands also include streams as defined by Chapter 18.300 LCMC.
Wholesale (trade)	“Wholesale (trade)” means the sale of goods or commodities usually in bulk or large quantities and usually at a lower cost to a retailer for resale. Such sales activity takes place in establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Yard	“Yard” shall mean an open space on a lot which is unobstructed from the ground upward except as specified elsewhere in this title.
Yard, front	“Front yard” shall mean a yard between side lot lines from the front lot line to the nearest point of the building.
Yard, rear	“Rear yard” shall mean a yard between side lot lines from the rear lot line to the nearest point of the building.
Yard, side	“Side yard” shall mean a yard between the front and rear yard from a side lot line or street side lot line to the nearest point of a building.
Zero lot line home	“Zero lot line home” means a residential development approach in which a building is sited on one or more lot lines with no yard area along these lot lines. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Zero lot line homes may only be built within the context of a zero lot line development. It shall be required that a minimum of eight units of zero lot line housing constitute such a development.
Zone	“Zone” means an area within which certain uses of land and buildings are permitted and certain others are prohibited; yards and other open spaces are required; lot areas, building height limits, and other requirements are established.
Zone district	“Zone district” shall mean the same as “zoning district” or “zone.”
Zoning	“Zoning” means the legislative division of a community into segments reserved for specific uses and also the minimum required size for such use.

[Ord. 2023-13 § 2 (Exh. A), 2023; Ord. 2023-11 § 1 (Exh. A), 2023; Ord. 2023-05 § 1 (Exh. A), 2023; Ord. 2022-10 § 1 (Exh. A), 2022; Ord. 2022-08 § 1 (Exh. B), 2022; Ord. 2022-09 § 2 (Exh. A), 2022; Ord. 2022-05 § 2 (Exh. A), 2022; Ord. 2021-04 § 5 (Exh. B), 2021; Ord. 2020-01 § 3 (Exh. B), 2020; Ord. 2019-20 § 3 (Exh. B), 2019; Ord. 2018-10 § 3 (Exh. A), 2018; Ord. 2006-17 § 1, 2006.]

Chapter 18.40DEFINITIONS

18.40.010 Definitions.

Chapter 18.40
DEFINITIONS