Chapter 17.08 Definitions

"Accessory use" means a subordinate use which is customarily incidental to the primary use of the premises and which does not alter or change the character of the premises. (Ord. 1366 (part), 1995).

17.08.035 Administrator.

"Administrator" means the city staff person assigned by the mayor or by a job description approved by the city to be the administrator of this title. (Ord. 1366 (part), 1995).

17.08.038 Adult family home.

"Adult family home" means:

(1) A facility licensed and defined pursuant to Chapter 70.128 RCW (or its successor); or

(2) The regular family abode of a person or persons who are providing personal care, room and board to five adults not related by blood or marriage to the person or persons providing the services, to the extent that any such numerical limitation is not prohibited by any applicable federal or state law. (Ord. 1366 (part), 1995).

17.08.040 Advertising area.

"Advertising area" means the total number of square feet within the boundaries of a visual medium visible from any one direction and, in the case of a cylindrical-shaped or spherical-shaped sign, the advertising area shall be the largest cross-section thereof. (Ord. 1366 (part), 1995).

17.08.050 Alley.

"Alley" means a public right-of-way affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation. (Ord. 1366 (part), 1995).

17.08.060 Access street.

"Access street" means a service street generally limited to providing access to abutting property; a street generally tributary to major and secondary streets, and which generally discourages through traffic. (Ord. 1366 (part), 1995).

17.08.065 Appurtenance sign.

"Appurtenant sign" means a sign located on the premises providing the advertised product, activity or service. (Ord. 1366 (part), 1995).

17.08.070 Arterial street.

"Arterial street" means a street which is for through-traffic movement across the city and having relatively high traffic volume compared with other streets within the city. Such streets are designated "arterials" and "highways" within the Montesano comprehensive plan. (Ord. 1366 (part), 1995).

17.08.080 Assurance device.

"Assurance device" means a bond, nonrevokable letter of credit, set-aside letter, assignment of funds or loan proceeds, or any similar mechanism approved by the city whereby the city has recourse to identifiable assets of the applicant in order to ensure compliance with this title. (Ord. 1366 (part), 1995).

17.08.090 Correctional facility.

"Correctional facility" means a facility for the purpose of housing adult or juvenile offenders for the purposes of punishment, correction or rehabilitation or while pending resolution of criminal charges or following conviction of a criminal offense. (Ord. 1366 (part), 1995).

17.08.100 Boardinghouse.

"Boardinghouse" means any building or groups of buildings on the same lot containing guest rooms where meals may be provided by the management as a part of the consideration for the guest room. (Ord. 1366 (part), 1995).

17.08.110 Building.

"Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 1366 (part), 1995).

17.08.120 Building height.

"Building height" means the vertical distance from the grade 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 pitch or hip roof. (Ord. 1366 (part), 1995).

17.08.123 Campground.

"Campground" means a lot on which one or more trailers, motor homes, campers or tents are parked or located and used for cooking, eating, and/or sleeping purposes on a nonpermanent basis, not to exceed thirty days in any one calendar year. (Ord. 1366 (part), 1995).

17.08.125 Caretaker's single-family dwelling.

"Caretaker's single-family dwelling" means a building containing one dwelling unit, incidental to a permitted use on the same lot, intended for occupancy by one family. (Ord. 1366 (part), 1995).

17.08.130 Child care center.

"Child care center" means any type of facility, other than a public or accredited private school, wherein a person or persons regularly provide care and/or education for children for periods of less than twenty-four hours per day. The term "child care center" shall include preschools, nurseries, privately conducted kindergartens when not part of a public or accredited private school, facilities providing after-school care for children, day care centers, mini day care programs (defined in Section 17.08.380), and family day care homes (defined in Section 17.08.240). (Ord. 1366 (part), 1995).

17.08.140 Church.

"Church" means a building intended primarily for religious worship and accessory uses including Sunday school, religious education classrooms, assembly rooms, kitchen, library or reading rooms, recreation hall, a one-family dwelling unit for religious staff, facilities for training of religious orders. (Ord. 1366 (part), 1995).

17.08.150 Club, private.

"Private club" means a nonprofit social organization, including fraternal organizations, whose premises are restricted to members and their guests. (Ord. 1366 (part), 1995).

17.08.160 Collector street.

"Collector street" means a street which serves lesser points of traffic interest within the city, and which serves to collect and distribute traffic from the major arterials to local streets. Such streets are designated "collectors" in the Montesano comprehensive plan. (Ord. 1366 (part), 1995).

17.08.170 Commission.

"Commission" means the city of Montesano planning commission. (Ord. 1366 (part), 1995).

17.08.175 Community center.

"Community center" means public or privately owned facility for the purpose of community gatherings. (Ord. 1366 (part), 1995).

17.08.180 Condominium.

"Condominium" means a building containing two or more dwelling units, and the land and all structures and improvements thereon, which have been submitted to the provisions of the Horizontal Property Regimes Act, or a dwelling unit within such building which conforms to the definitions of "apartment" contained in RCW 64.32.010(1). Condominiums and like property and buildings shall be treated in this title in a like manner regardless of whether the property and buildings have or have not been submitted to the provisions of the Horizontal Property Regimes Act. (Ord. 1366 (part), 1995).

17.08.190 Corner lot.

"Corner lot" means a lot at the junction of and abutting on two or more intersecting streets where the angle of intersection is one hundred thirty-five degrees or less. (Ord. 1366 (part), 1995).

17.08.200 Density.

"Density" means the total number of square feet in a lot divided by the number of dwelling units located on the lot. (Ord. 1366 (part), 1995).

17.08.206 Development.

"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Ord. 1366 (part), 1995).

17.08.207 Development permit.

"Development permit" means any approval or permit including, but not limited to, subdivision approval, short subdivision approval, residential planned unit development approval, and the issuance of any building permit. (Ord. 1366 (part), 1995).

17.08.210 Dwelling group.

"Dwelling group" means two or more detached buildings, each containing one or more dwelling units, on a lot under a single ownership. (Ord. 1366 (part), 1995).

17.08.220 Dwelling unit.

"Dwelling unit" means one or more habitable rooms for one family with facilities for living, sleeping, cooking, and eating, excluding rooms for temporary living in hotels and motels, and excluding trailers as defined in this chapter. (Ord. 1366 (part), 1995).

17.08.230 Family.

"Family" means an individual, or two or more persons related by blood or marriage or legal custody, or a group of not more than five persons who are not all related by blood, marriage or legal custody, living together in a dwelling unit, to the extent that any such numerical limitation is not prohibited by any applicable federal or state law. (Ord. 1366 (part), 1995).

17.08.240 Family day care home.

"Family day care home" means a facility wherein care is regularly provided for a group of twelve or fewer children for a period of less than twenty-four hours per child per visit. A family day care home must be licensed as such by the state of Washington according to the requirements of the Washington Administrative Code. (Ord. 1366 (part), 1995).

17.08.250 Front lot line.

"Front lot line" means, for corner lots, the shortest boundary of the lot abutting a street; for interior lots, the boundary abutting the street, except for "panhandle" lots, where the front lot line shall be the boundary line (extended the width of the lot) which represents the intersection of the driveway portion of the lot with the buildable area of the lot. (Ord. 1366 (part), 1995).

17.08.260 Front yard.

"Front yard" means a yard extending the full width of the lot abutting the front lot line. (Ord. 1366 (part), 1995).

17.08.265 General construction.

When not inconsistent, words in the present shall include the future, and the future the present; the word "shall" denotes a mandate and the word "may" denotes the use of discretion in making a decision. Words not defined shall be construed as defined in the building code of Montesano. (Ord. 1366 (part), 1995).

17.08.270 Grade.

"Grade" shall be as defined in the Uniform Building Code as adopted by the city of Montesano, as now existing or hereafter amended or succeeded. (Ord. 1366 (part), 1995).

17.08.280 Gross floor area.

"Gross floor area" means the total area included within the surrounding walls of a building. (Ord. 1366 (part), 1995).

17.08.290 Guesthouse.

"Guesthouse" means a detached dwelling unit accessory to a single-family dwelling. (Ord. 1366 (part), 1995).

17.08.304 Hazardous waste.

"Hazardous waste" means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), as they now exist or are hereafter amended, except for moderate risk waste as set forth in RCW 70.105.010(17), as they now exist or are hereafter amended. (Ord. 1366 (part), 1995).

17.08.305 Hazardous waste storage.

"Hazardous waste storage" means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, WAC Chapter 173-303 as they now exist or are hereafter amended. (Ord. 1366 (part), 1995).

17.08.306 Hazardous waste treatment.

"Hazardous waste treatment" means the physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, WAC Chapter 173-303 as they now exist or are hereafter amended. (Ord. 1366 (part), 1995).

17.08.307 Hazardous waste treatment and storage facility--Off-site.

"Off-site hazardous waste treatment and storage facility" means treatment and storage facilities which treat and store hazardous wastes generated on a lot other than those on which the off-site facilities are located. (Ord. 1366 (part), 1995).

17.08.308 Hazardous waste treatment and storage facility--On-site.

"On-site hazardous waste treatment and storage facility" means treatment and storage facilities which treat and store hazardous wastes generated on the lot. (Ord. 1366 (part), 1995).

17.08.310 Hearing examiner.

"Hearing examiner" or "examiner" shall mean the individual or individuals appointed and serving as such pursuant to an appointment under the provisions of the municipal code. (Ord. 1366 (part), 1995).

17.08.320 Home occupation.

"Home occupation" means a use conducted within a dwelling unit or accessory building by the inhabitants of the dwelling and which use is clearly incidental and secondary to the use of the premises for dwelling purposes, and which does not change the character of the dwelling or premises. (Ord. 1366 (part), 1995).

17.08.330 Hotel or motel.

"Hotel" or "motel" means any building or group of buildings, or portions thereof, located on the same lot, containing guest rooms which are designed and/or used primarily for temporary residence for compensation. Terms such as motor inn, motor lodge, and others with similar names are also included. (Ord. 1366 (part), 1995).

17.08.333 Indoor recreation.

"Indoor recreation" shall be defined as organized group or individual exercise or athletic training and competition conducted within an enclosed building. Accessory use of indoor recreation facilities may include before and after school child care programs and public assembly for nonrecreation events proportionate with the size of the facilities and available parking. Indoor recreation, for the purposes of this chapter, does not include any form of motorized vehicle use. (Ord. 1612 §1, 2018).

17.08.335 Interior lot.

"Interior lot" means a lot other than a corner lot. (Ord. 1366 (part), 1995).

17.08.340 Lot.

"Lot" means a coterminous tract of land which constitutes a unit of land under a single ownership and which may consist of:

(1) A single lot of record;

(2) A portion of a lot of record; or

(3) A parcel of land described by metes and bounds.

Public and privately owned rights-of-way and access or transportation easements shall not be considered as part of the lot or as being within the lot lines for the purposes of determining the lot size, lot area or the area of the site. (Ord. 1366 (part), 1995).

17.08.350 Lot area or site.

"Lot area" or "site" means the total surface area included within the lot lines. (Ord. 1366 (part), 1995).

17.08.360 Lot depth.

"Lot depth" means the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. (Ord. 1366 (part), 1995).

17.08.370 Lot width.

"Lot width" means the right angle distances between side lines where they intersect with street frontage. (Ord. 1366 (part), 1995).

17.08.375 Mobile/manufactured housing.

"Mobile or manufactured home" means a dwelling unit permanently equipped with a transport chassis without motor power, being at least fourteen feet in width and having no less than seven hundred square feet of floor area, including all facilities required for a dwelling unit and complying with the construction standards of the state of Washington and the United States of America for such units. No mobile or manufactured home shall be sited within the city unless it meets either of the following requirements.

(1) Requirements for Siting in a Mobile Home Park. For the purposes of this code, a manufactured or mobile home meeting the definition set forth above, as well as the standards and the requirements set forth within this subparagraph, shall be subject to location only in an approved mobile home park as such parks may be allowed under the zoning code and established pursuant to the provisions of Title 15 of this code. By way of example and not by way of limitation, in order to qualify for siting in a mobile home park within the corporate limits, a mobile/manufactured home shall have, at the minimum, the following characteristics:

(A) Have been constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes existing upon the date of manufacture;

(B) Be comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

(C) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and

(D) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.

(2) Requirements for Siting in Residential Zone. Mobile/manufactured homes meeting the definition set forth in subsection (1) of this section, as well as the additional standards and conditions set forth in this subsection, and sited and installed in compliance with the following conditions shall be considered a single-family dwelling unit and subject to placement upon any lot upon which a single-family dwelling unit may be sited:

(A) The structure shall have a vented perimeter skirting which shall be of masonry construction upon an approved footing. The maximum exposed skirting after normal final grading of the site shall be eighteen inches.

(B) There shall be included upon the site no less on-site parking, including garages, than required for site-built structures which could have been built upon the site.

(C) The unit shall be installed upon and affixed to a foundation capable of withstanding such seismic stresses as may be established by the Uniform Building Code. The installation shall be carried out in such a manner as to result in a maximum chassis to ground clearance of thirty-six inches.

(D) The structure shall have an eave depth of no less than six inches; provided, that any structure having an eave depth of less than twelve inches shall have a roof pitch of not less than four inches to twelve inches. All structures shall have an overhang depth of no less than twelve inches at the gable ends. For purpose of this determination, "eave" and "overhang" shall mean architectural appendages installed by the manufacturer extending beyond the exterior face of the structure.

(E) The unit shall have installed rain gutters and downspouts.

(F) The installation shall comply with all other requirements, conditions and restrictions that may apply to the utilization of the particular lot or parcel, including by way of example and not limitation, setbacks and utilities.

(G) The structure shall be comprised of at least two fully enclosed parallel sections, each of not less than twelve feet wide by thirty-six feet long.

(H) The structure shall have been manufactured on or after the first day of January, 1994, and not previously sited and utilized for residential or commercial purposes; provided, that utilization by a licensed manufactured home seller as a display model shall not be deemed a commercial use.

(I) The structure shall comply with all provisions of that certain energy conservation code set forth in the Manufactured Housing Acquisition Program (MAP), as those provisions existed upon the date of manufacture.

For purposes of this code, units complying with the terms and conditions of this specification shall be considered a single-family or multi-family dwelling unit as the case may be. (Ord. 1366 (part), 1995).

17.08.400 Mobile home park.

"Mobile home park" is as defined in Chapter 15.22 of this code. (Ord. 1366 (part), 1995).

17.08.410 Multiple-family dwelling.

"Multiple-family dwelling" means a building under a single ownership containing three or more dwelling units on a lot, intended for occupancy by three or more families. (Ord. 1366 (part), 1995).

17.08.420 Nonappurtenant sign.

"Nonappurtenant sign" means a sign not located on the premises of the business, institution, or area providing the advertised product or service. (Ord. 1366 (part), 1995).

17.08.430 Nonconforming building.

"Nonconforming building" means a building or portion thereof which was lawfully erected and maintained prior to the adoption of the ordinance codified in this title but which does not conform to the requirements of the zone in which it is located, as provided by this title. (Ord. 1366 (part), 1995).

17.08.440 Nonconforming use.

"Nonconforming use" means a use which was lawfully established and maintained prior to the adoption of the ordinance codified in this title but which does not conform to the requirements of the zone in which it is located, as provided by this title. (Ord. 1366 (part), 1995).

17.08.450 Ownership.

"Ownership" means possession of fee title to real estate, or a legal contract to purchase, or a legal contract (lease) assigning sole or preemptive right to use or occupy real estate for a specified period of time. (Ord. 1366 (part), 1995).

17.08.460 Personal and professional services.

"Personal and professional services" means beauty shops and barbershops; offices for doctors, dentists, and others engaged in human healing arts, provided no overnight care is given; offices of engineers, attorneys, architects, real estate sales, insurance agencies, travel agencies, ambulance services, bail bonds, art and photography services; and other services similar to the above and which do not principally involve the sale or repair of merchandise or equipment and which constitutes the primary use of the building. (Ord. 1366 (part), 1995).

17.08.470 Projecting sign.

"Projecting sign" means any sign which extends out from the building or structure to which it is attached. (Ord. 1366 (part), 1995).

17.08.480 Public garage.

"Public garage" means a building in which the primary function is the rental of storage space for motor vehicles. (Ord. 1366 (part), 1995).

17.08.490 Public parking area.

"Public parking area" means an open area, other than street, alley or reserved parking area, which is available to employees and business invitees for parking of vehicles. (Ord. 1366 (part), 1995).

17.08.500 Rear lot line.

"Rear lot line" means the boundary of a lot opposite and most nearly parallel to the front lot line. (Ord. 1366 (part), 1995).

17.08.510 Rear yard.

"Rear yard" means a yard extending the full width of the lot abutting the rear lot line. (Ord. 1366 (part), 1995).

17.08.520 Recreational vehicle park.

See Section 17.39.030. (Ord. 1609, 2017: Ord. 1366 (part), 1995).

17.08.530 Rental.

"Rental" means permission to use or occupy real estate granted by the owner thereof which permission or occupancy may be terminated by either party at any time without cause subject to appropriate notice. (Ord. 1366 (part), 1995).

17.08.540 Residential care facility.

"Residential care facility" means a building or group of buildings on the same lot where residents are provided with personal services or special care (such as dietary and nursing care, and counseling and supervision but excluding surgery, maternity or other primary health care), as well as room and board, where the operation of such facility is usually licensed, supported or undertaken by the state or other governmental agency. Residency may be either long-term or interim. This definition excludes facilities intended for persons severely ill or dangerous to the public peace or safety and who are more appropriately housed in hospitals, sanitariums, or maximum-security or moderate-security correctional facilities. (Ord. 1366 (part), 1995).

17.08.545 Secondhand sales.

"Secondhand sales" means sale of items previously used by other persons. (Ord. 1366 (part), 1995).

17.08.550 Service station.

"Service station" means a use which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sales of petroleum products and automobile washing, waxing or polishing by hand; tire changing and repairing (excluding recapping); battery charging and replacement (excluding repair and rebuilding); radiator cleaning and flushing; installation of accessories; minor repairs (excluding any repair which involves disassembling or replacing any internal portion of the vehicle motor, transmission, or differential, or any repair, replacement or painting of the vehicle frame or body). (Ord. 1366 (part), 1995).

17.08.560 Side lot line.

"Side lot line" means any boundary line of a lot which is not a front lot line or a rear lot line. (Ord. 1366 (part), 1995).

17.08.570 Side yard.

"Side yard" means a yard extending from the front yard, or from the front lot line where no front yard exists, to the rear yard, or rear lot line where no rear yard exists, and abutting a side lot line. (Ord. 1366 (part), 1995).

17.08.580 Sign.

"Sign" means any message, word, symbol, design, picture or visual medium which is intended to draw attention to a product, service, business, person, institution or location and is placed or painted on the ground, or on any tree, wall, fence, rock, structure, or thing whatsoever, and placed thereon, whether indoor or outdoor, so as to be visible from off-premises, but excluding legal notices and safety and directional signs posted by public agencies. (Ord. 1366 (part), 1995).

17.08.590 Single-family dwelling.

"Single-family dwelling" means a building containing one dwelling unit on a lot, intended for occupancy by one family. (Ord. 1366 (part), 1995).

17.08.600 Slope.

"Slope" means the horizontal distance divided into the average vertical rise over that distance. (Ord. 1366 (part), 1995).

17.08.610 Story.

"Story" means that portion of a building included between the upper surface of any floor and the surface of the next floor or roof above and equaling at least ten feet. (Ord. 1366 (part), 1995).

17.08.620 Structure.

"Structure" means anything constructed in the ground, or anything erected which requires location on the ground or on water, or is attached to something having location on or in the ground, but not including unroofed paved areas. (Ord. 1366 (part), 1995).

17.08.640 Trailer.

"Trailer" means a vehicle originally transportable, with or without motor power, designed or used for a recreational residence or vehicle or for residential purposes, equipped for cooking, eating and/or sleeping, or a dwelling with characteristics of a mobile home but having less than seven hundred square feet of floor area or a width of less than twelve feet, or a mobile home which does not meet the requirements of the definition of mobile home contained in Section 17.08.390. For the purposes of this title, a trailer, as defined in this title, shall not be considered a single-family dwelling. (Ord. 1366 (part), 1995).

17.08.660 Two-family dwelling.

"Two-family dwelling" means a building under a single ownership containing two dwelling units on a lot, intended for occupancy by two families. (Ord. 1366 (part), 1995).

17.08.670 Use.

"Use" means the nature of the occupancy, the type of activity, or the character and form of improvement to which lands or buildings are or may be devoted. (Ord. 1366 (part), 1995).

17.08.680 Yard.

"Yard" means an open space abutting a lot line, unobstructed and unoccupied from the ground upward except for certain exceptions allowed in this title. A yard shall be measured at right angles to the lot line and shall extend into the lot to the exterior wall of the building. (Ord. 1366 (part), 1995).