Chapter 17.01
GENERAL PROVISIONS
Sections:
17.01.030 Scope and compliance.
17.01.040 Building construction restrictions.
17.01.060 Reasonable use exception.
17.01.010 Title.
The provisions of this title shall be known as the city of Newport development regulations. These regulations shall be administered in conjunction with the map entitled “The Official Zoning Map for the city of Newport” as approved by the Newport city council. (Ord. 2104 § 1 (Exh. A), 2022)
17.01.020 Purpose.
The purpose of these development regulations is to implement the Newport comprehensive plan and to comply with the provisions and objectives of Chapters 36.70 and 36.70A RCW as now or hereafter amended.
A. The objectives of this title are:
1. To promote the orderly growth consistent with the goals and objectives of the Newport comprehensive plan.
2. To promote the public health, safety and welfare.
3. To regulate the types, intensities and placement of structures.
4. To organize the general patterns of land use.
5. To provide for adequate open space for recreation, movement of pedestrian and vehicle traffic, and parking. (Ord. 2104 § 1 (Exh. A), 2022)
17.01.030 Scope and compliance.
A. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Whenever the requirements of this title differ from the requirements of any of the lawfully adopted rules, regulations, ordinances, or deed restrictions, the city shall make an administrative code interpretation and/or take appropriate legislative action to provide clear direction.
B. Upon request and as determined necessary, the city shall interpret the meaning or application of the provisions of this title and issue a written administrative interpretation within 30 days.
C. No building, structure, or lot shall be used or occupied, and no building permit for the erection, relocation, alteration or expansion of any building or structure shall be granted, unless compliance with the provisions of this title have been satisfied. (Ord. 2104 § 1 (Exh. A), 2022)
17.01.040 Building construction restrictions.
A. No building or structure shall be erected, reconstructed, or structurally altered, nor shall any building, structure, or premises be used for any purpose other than is permitted in the zone in which the building, structure, or premises is located, except as permitted by this title.
B. No building shall be erected or structurally altered to exceed in height the limit established in this title for any zone in which the building is located.
C. No lot area shall be so reduced or diminished that the yards or other open spaces are smaller than prescribed by this title, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations established for the zone in which the building is located.
D. Only one building may be constructed on a lot unless otherwise authorized by this title. Exceptions include:
1. Approved accessory structures;
2. Multifamily developments;
3. Master planned developments;
4. Public facilities;
5. RV parks; and
6. Commercial or industrial developments built in accordance with an approved site plan, binding site plan, and/or development agreement.
E. Only structures built and maintained in accordance with the provisions of the International Building Code as adopted by the city of Newport and approved mobile homes may be used as residential dwelling units. RVs, trailers, tents, campers, park models, and related temporary or recreational facilities or nonconforming structures may not be used for residential purposes in any zone; provided; that:
1. Family members and visitors may stay in an RV, travel trailer, etc., on site with their hosts for up to two weeks. (Ord. 2104 § 1 (Exh. A), 2022)
17.01.050 Annexations.
Annexation requests shall be made to the city of Newport. All land proposed to be annexed to the city must be within the urban growth area (UGA) and shall be zoned in accordance with the future land use map and comprehensive plan of the city of Newport.
A. The annexation of any property into the city which has not been platted or developed in a manner that is consistent with city platting requirements or development standards may be conditioned by a pre-annexation agreement to bring the subject property into compliance with current city platting requirements and development standards. The city council may further condition acceptance of any annexation petition upon the completion of utility, street, sidewalk or other improvements to city standards to ensure compatibility of the annexation area with existing city utilities, streets, sidewalks or other improvements.
B. All annexed lands shall be zoned LDR unless otherwise depicted on the future land use map or otherwise approved by the city council. (Ord. 2104 § 1 (Exh. A), 2022)
17.01.060 Reasonable use exception.
If the application of the regulations in this title would deny all reasonable economic use of the subject property, the property owner may apply for an exception pursuant to this section.
A. Criteria for review and approval of reasonable use exceptions follow:
1. The application of the standards and provisions of this title would deny all reasonable economic use of the property;
2. There are no other practical alternatives to the proposed action that would have less impact;
3. The inability to derive reasonable economic use of the property is not the result of subdivision or other actions by the applicant;
4. No other reasonable economic use has less adverse impact(s);
5. The proposal protects and mitigates impacts to the functions and values of critical areas to the greatest extent feasible, consistent with the best available science, allowing for reductions of up to 50 percent in critical area buffers and setbacks, with mitigation;
6. The proposal does not pose a threat to the public health, safety, or welfare on or off the development proposal site; and
7. The proposal is consistent with other applicable regulations and standards.
B. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. (Ord. 2104 § 1 (Exh. A), 2022)
17.01.070 Liability.
The granting or approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city or any official or employee thereof on the practicality or safety of any structure or use proposed and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result therefrom. (Ord. 2104 § 1 (Exh. A), 2022)
17.01.080 Severability.
If any provision of this title or its application to any person or legal entity is held to be invalid, the remainder of this title, or the application of this title or the application of the provision to other persons or entities or circumstances shall not be affected. (Ord. 2104 § 1 (Exh. A), 2022)
17.01.090 Definitions.
A. General Provisions.
1. The purpose of these definitions is to help understand the provisions of this title. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular. The word “shall” is always mandatory and not merely directive.
2. Terms that are not specifically defined below are to be understood according to the common meaning within the context in which they are used as determined by the city.
B. Specific Provisions.
1. “Accessory use or structure” means a building, part of a building or structure or use which is subordinate to, and the use of which is common or incidental to, that of the main building, structure or use on the same lot.
2. “Adult entertainment uses” means any establishment wherein any portion of total revenues at or above 20 percent comes from, or a substantial portion of interior business or advertising is devoted to, the sale or rental for any form of consideration of any one or more of the following which depicts or describes sexual activities or anatomical areas represented in a sexual context: books, magazines, periodicals, other printed matter, photographs, films, video cassettes, slides or any other visual representation; nightclubs, bars or similar establishments which feature persons who appear nude or semi-nude; live performances which are characterized by the exposure of sexual activities or anatomical areas; any motel or hotel which offers accommodations to its patrons with closed-circuit television transmissions, videos, films, or other photographic reproductions of sexual activities or anatomical areas, or offers accommodations for a period of time less than 20 hours; any adult motion picture theatre or any model studio wherein persons may appear nude or semi-nude to be drawn, sketched, observed, photographed, painted or similarly depicted.
3. “Adult family care” means homes providing shelter and 24-hour care for adults.
4. “Alley” means a public right-of-way not over 30 feet wide which affords, generally, an accessory means of access not intended for general traffic circulation.
5. “Apartment house” means a building or portion of a building designed for the occupancy of three or more families living independently in three or more dwelling units.
6. “Area, sign” means, for regularly shaped signs, the simple area of the sign. For irregularly shaped signs, the area shall be that of the rectangle, triangle, or circle (whichever is smaller), which will wholly contain the sign. The structure supporting a sign shall not be included in determining the area of the sign unless the structure is designed in a way to form an integral background for the display. In the case of a wall mural incorporating commercial wording, the sign area includes only the portion of the mural which contains the wording circumscribed as set forth in this definition.
7. “Auto wrecking yard” means an open area used for dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles for their parts.
8. “Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth.
9. “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth.
10. “Basement” means any level below the ground floor of a building.
11. “Building site plan” means a drawing to a scale specified by local ordinance which identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by the local regulations; contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city in approving the site plan; and contains provisions making any development be in conformity with the site plan.
12. “Boardinghouse” means a building or portion of a building other than a hotel where lodging and meals are provided for compensation.
13. “Bulk plant” means an establishment where flammable liquids are received by pipeline, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by pipeline, tank car, tank vehicle or container, to users or distributors.
14. “Business or commerce” means the engaging in the purchase, sale, barter or exchange of goods, wares or merchandise; and the maintenance or operation of offices or recreational or amusement enterprises.
15. “Camper” means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses.
16. “Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common EV charging levels, and include the following specifications:
a. Level 1 is considered slow charging.
b. Level 2 is considered medium charging.
c. Level 3 is considered fast, or rapid, charging.
17. “Convalescent home” means any building or premises in and on which two or more sick, injured, or infirm persons are housed, for a period in excess of 24 consecutive hours and furnished with meals and nursing care for hire.
18. “Critical areas” includes the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; or (e) geologically hazardous areas.
19. “Critical area buffer” means an area that surrounds and protects a critical area from adverse impacts to the functions and values of the resource.
20. “Cul-de-sac” means a road closed at one end by a circular area of sufficient size for turning vehicles around, and, for purpose of definition, may include the “hammerhead” configuration at the closed end rather than the conventional circular turnaround.
21. “Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste.
22. “Day care facility” means an agency that regularly provides care for a group of children for periods of less than 24 hours. Separate requirements are adopted for the following subcategories of day care centers:
a. A “day care center” provides for the care of 13 or more children. No such center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family.
b. “Mini day care program” means a day care center for the care of 12 or fewer children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop-ins, as is allowed by the rules of the State of Washington Department of Social and Health Services in a facility other than the family abode of the person or persons under whose direct care and supervision the child is placed.
c. For the care of from seven through 12 children cared for on a full-time basis and such other children cared for on a part-time basis, characterization as drop-ins, as is allowed by the rules of the State of Washington Department of Social and Health Services in the family abode of such person or persons.
d. A “family day care home” means a home regularly providing care during part of the 24-hour day to six or fewer children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop-ins as is allowed by the rules of the State of Washington Department of Social and Health Services.
23. “Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are 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 plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat in the manner provided in this title.
24. “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 or storage of equipment or materials.
25. “Division of land” means any conveyance, not otherwise exempt or provided for in this title, which alters or affects the shape, size or legal description of any part of an owner’s original tract.
26. “Dwelling unit” means one or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping, and bathroom facilities for use by a family or household.
27. “Dwelling, single-family” means a structure containing one dwelling unit.
28. “Dwelling, duplex” means a structure containing two dwelling units.
29. “Dwelling, multiple-family” means a structure containing three or more dwelling units.
30. “Easement” means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.
31. “Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
32. “Family” means an individual or group of individuals, not necessarily related by blood, marriage or legal custody, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
33. “Fish and wildlife habitat conservation areas” means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. The city may also designate locally important habitats and species. These areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.
34. “Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the Pend Oreille County auditor and containing all elements and requirements as set forth in this title.
35. “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
36. “Flood insurance rate map (FIRM)” means the official map of Newport on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to Newport.
37. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
38. “Garage, private” means an accessory building or part of a main building intended primarily for the storage of motor vehicles as an accessory use, and when the storage space does not exceed the following:
a. For single-family dwelling: three vehicles, not more than one of which may be a nonpassenger vehicle;
b. For any other dwelling: passenger vehicles equal to 150 percent of the number of dwelling units of the dwelling;
c. For any other use: no limitation.
39. “Geologically hazardous area” 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 concerns.
40. “Habitat conservation area” includes: (a) areas with which species designated as endangered, threatened, and sensitive under Section 7 of the Endangered Species Act have primary association; (b) habitats and species of local importance; (c) naturally occurring ponds under 20 acres and their submerged aquatic beds that provide wildlife habitat; (d) waters of the state; and (e) state natural area preserves and natural resource conservation areas.
41. “Hazardous substance” means any liquid, solid, gas, sludge, including any material, substance, product, commodity or waste regardless of quantity, which exhibits any of the characteristics or criteria of hazardous waste (RCW 70A.300.010).
42. “Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70A.300.010(11), except for moderate-risk waste as set forth in RCW 70A.300.010(13).
43. “Hazardous waste storage” means the holding of hazardous waste for a temporary period. Accumulation of hazardous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
44. “Hazardous waste treatment” means the physical, chemical or biological processing of hazardous waste to make such waste less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.
45. “Home business” means a business conducted within a residence by the occupants thereof, which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character thereof, is conducted in such a manner as to not give any outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, and does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and primarily intended.
46. “Hospital” means any institution established for the diagnosis, treatment and care of human ailments, and shall not include convalescent homes, rest homes, or nursing homes.
47. “Hotel” means a building containing five or more guest rooms for lodging with or without meals for compensation and which contain no cooking facilities for the lodgers but may contain an apartment for the manager. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests.
48. “House trailer” means a vehicle that is self-propelled or propelled by another vehicle, for use or capable of being used for living and/or sleeping quarters, and not conforming to any schedule operating between fixed termini.
49. “Household pets” means dogs, cats, rabbits, pigeons, chickens, ducks, mice, hamsters, gerbils, parakeets, canaries, finches and other similar exotic fowl and songbirds, reptiles, amphibians, fish and other similar animals and fowl kept for companionship or for personal enjoyment.
50. “Junkyard (salvage yard)” means a place where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including auto wrecking yards, used lumber yards, and yards for use of salvaged house wrecking and structural steel materials and equipment.
51. “Kennel” means a commercial establishment in which four or more dogs or domesticated animals which are five months old or older are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
52. “Livestock” means horses, bovine animals, sheep, goats, swine, donkeys, mules, and other similar animals.
53. “Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimensions to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
54. “Lot coverage” means the percentage of the total lot area covered by structures, including all projections except eaves.
55. “Lot width” means the horizontal distance between side lot lines measured at the front yard building line.
56. “Marijuana medical cooperative” or “cooperative” means a group of more than one, but no more than four, qualified medical marijuana patients and/or designated providers registered with the Washington State Liquor and Cannabis Board who share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative, in accordance with the provisions of RCW Title 69 and WAC Title 314.
57. “Marijuana processing” or “processor” means a person licensed by the Washington State Liquor and Cannabis Board to process marijuana into marijuana concentrates, usable marijuana, and marijuana-infused products, package and label marijuana concentrates, usable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, usable marijuana, and marijuana-infused products at wholesale to marijuana retailers, in accordance with the provisions of RCW Title 69 and WAC Title 314.
58. “Marijuana production” or “producer” means a person licensed by the Washington State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers, in accordance with the provisions of RCW Title 69 and WAC Title 314.
59. “Marijuana retail sales” or “retailer” means a person licensed by the Washington State Liquor and Cannabis Board to sell marijuana concentrates, usable marijuana, and marijuana-infused products in a retail outlet, in accordance with the provisions of RCW Title 69 and WAC Title 314.
60. “Mixed use” means the combination of uses in a single zone, such as a combination of office, commercial, and residential uses on the same lot or in the same structure.
61. “Mobile home” means a factory-built dwelling fabricated prior to June 15, 1976, to standards other than the Housing and Urban Development (HUD) Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act. For floodplain management purposes, the term “mobile home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “mobile home” does not include park trailers, travel trailers, recreational vehicles or other similar vehicles.
62. “Manufactured or modular home” means a dwelling unit assembled off site in one or more sections, which complies with all local building codes (for on-site construction) when transported to and mounted on a permanent foundation.
63. “Motel” means a group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside and are available to the public for rental.
64. “Nonconforming lot” means a lot of record which was lawfully established, existing and maintained at the effective date of the provisions of this title but which, because of application of this title to it, no longer conforms to the regulations prescribed in this title for the district in which it is located.
65. “Nonconformity” means a building, structure, or land use which was lawfully established or existing and maintained at the effective date of the provisions of this title but which, because of the application of this title to it, no longer conforms to the regulations prescribed in this title for the district in which it is located.
66. “Person with functional disabilities” means a person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:
a. Needing care, supervision or monitoring to perform activities of daily living;
b. Needing support to ameliorate or compensate for the effects of the functional disability to lead as independent a life as possible;
c. Having a physical or mental impairment which substantially limits one or more of the person’s major life activities;
d. Having a record of having such an impairment; or
e. Being regarded as having such an impairment. Functional disabilities do not include current, illegal use of or active addiction to a controlled substance.
67. “Performance bond” means that security which may be accepted in lieu of a requirement that certain improvements be made before the city council approves the final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
68. “Planned development” means a process allowing for flexibility in the grouping, placement, size and use of structures on a fairly large tract of land. A planned development is developed as a single proposal, using a process which incorporates design review and public participation.
69. “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.
70. “Plat, preliminary” means a neat and accurate drawing of a proposed subdivision or short plat, showing the layout of streets and alleys, lots, blocks, restrictive covenants and similar elements, in accordance with this title, submitted for review by the city. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
71. “Plat, final” means a final drawing of a subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements of this title and Chapter 58.17 RCW.
72. “Public facilities” means facilities owned by the public or private enterprise and operated for the benefit of the community. This also includes, but is not limited to, schools, libraries, fire stations, water and sewage systems, police stations, cemeteries, refuse disposal and power systems.
73. Public Facilities, Essential. “Essential public facility” means a facility, conveyance, or site whose services are provided by a governmental agency, a private or nonprofit organization under contract to or with substantial funding from government agencies, or a private organization subject to public service obligations, which is necessary to adequately provide a public service and which is typically hard to site.
74. “Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth.
75. “Recreational vehicle” means a vehicle or portable structure built on a chassis and designed to be used for temporary occupancy or travel, recreational or vacation use. Recreational vehicles shall include, but are not limited to, campers, motor homes, camping trailers and travel trailers; tents are excluded. A recreational vehicle shall have a body width of no more than eight feet and a body length of no more than 35 feet when factory equipped for the road.
76. “Recreational vehicle park” means a tract or parcel of land upon which two or more recreational vehicle sites are located for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes.
77. “Right-of-way” means a publicly owned strip of land to be used for public roads, bikeways, sidewalks, public transportation, utilities or similar related public uses.
78. “Sanitary station” means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks.
79. “Setback” means the horizontal distance in feet as measured from a lot line or right-of-way to the nearest vertical wall of a structure.
80. “Short subdivision” means the division of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
81. “Sign” means any letters, figures, design, symbol, trademark, or any illuminating device or structure, or any part thereof, intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever out-of-doors for recognized advertising purposes. However, this shall not include any official court or public notices nor the flag, emblem, or insignia of the government, school, or religious group when displayed for official purposes. Interior signs, if located on a window or within a distance equal to the greatest dimension of the window and if obviously intended for viewing from the exterior, shall be considered an exterior sign for purposes of this sign code.
82. “Structure” means anything constructed or erected which requires location on the ground or is attached to something having location on the ground.
83. “Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions.
84. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
85. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. 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. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
86. Temporary Use or Seasonal Sales Facilities. This includes uses of a limited duration that do not involve the construction or occupation of a building, as determined by the city, including, but not limited to, mobile food carts, fireworks stands, Christmas tree lots, sidewalk sales, traveling carnivals or circuses, and seasonal or temporary outdoor retail sales such as nursery sales yards or farmers markets.
87. “Wetlands” includes areas that are inundated or saturated by surface water or groundwater 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 do not include those artificial wetlands intentionally created from nonwetland sites, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands, if permitted by the city.
88. “Wellhead protection area” means the surface and subsurface area surrounding a well or well field that supplies a public water system through which contaminants are likely to pass and eventually reach the water well or well field, as has been designated pursuant to Chapter 246-290 WAC. (Ord. 2104 § 1 (Exh. A), 2022)