Chapter 17.04 DEFINITIONS

For the purpose of this title certain terms and words are defined in this chapter. When not inconsistent with the context, words used in the present tense shall include the future, and the future the present; the singular number shall include the plural, and the plural the singular; the word “shall” is always mandatory and the word “may” denotes a use of discretion in making a decision. The words “used” or “occupied,” unless the context otherwise requires, shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” The word “person” shall include a corporation, partnership or other entity. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.01, 1974)

17.04.010 Accessory structure.

“Accessory structure” means a subordinate structure being secondary to or incidental to the principal use or structure. (Ord. 837 § 1 (part), 2008: Ord. 225 § 1, 1978: Ord. 136 § 2.02, 1974)

17.04.015 Alley.

“Alley” means a public thoroughfare or way which affords only a secondary means of access to abutting property. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.03, 1974)

17.04.020 Amendment.

“Amendment” means a change in the wording, context or substance of the ordinance codified in this title or a change in the zone boundaries upon the zoning map adopted hereunder. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.04, 1974)

17.04.030 Apartment.

“Apartment” means a room, or suite of two or more rooms, occupied or suitable for occupancy as a dwelling unit for one family. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.06, 1974)

17.04.050 Basement.

“Basement” means the story or floor of a building immediately below the story or floor which contains the main entrance to the building. Additional stories or floors below the basement shall be termed “first subbasement, second subbasement, etc.,” in an order which descends with the floors. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.10, 1974)

17.04.060 Block.

“Block” means a parcel of land containing lots described as a block in a plat of Ocean Shores. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.11, 1974)

17.04.070 Boardinghouse, lodging house or rooming house.

“Boardinghouse,” “lodging house” or “rooming house” means a building or portion thereof, other than hotel, where lodging and/or meals for five or more persons, but not more than twenty persons, are provided for compensation and without individual cooking facilities. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.14, 1974)

17.04.075 Building.

“Building” means a structure having a roof and intended for the shelter, housing or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion by a masonry division or firewall without any window, door or other opening therein, which will extend from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to be a separate building. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.15, 1974)

17.04.080 Building coverage.

“Building coverage” means that percentage of the total area of a lot which is covered by the principal and accessory buildings. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.18, 1974)

17.04.085 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. 837 § 1 (part), 2008: Ord. 136 § 2.16, 1974)

17.04.090 Building line.

The line facing the front lot line is the front building line. The line facing the side of the lot is the side building line. The line facing the rear of the lot is the rear building line. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.19, 1974)

17.04.095 Building, main.

“Main building” means the principal building or other structure on a lot or site used to accommodate the primary use to which the premises is devoted. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.17, 1974)

17.04.100 Building officer.

“Building officer” means the building officer of the city. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.20, 1974)

17.04.105 Business or commerce.

“Business” or “commerce” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit, or the management or occupancy of an office building, office, recreational or amusement enterprises; or the maintenance and the use of buildings, offices, structures or premises by professions or trades offering services. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.21, 1974)

17.04.110 Carport.

“Carport” means a covered space for the housing, primarily, of motor vehicles and enclosed on not more than two sides by walls, screens, cabinets or other type of enclosures. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.22, 1974)

17.04.112 Child care center.

“Child care center” means the same as a “child day care center” or a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods less than twenty-four hours. (Ord. 837 § 1 (part), 2008)

17.04.115 Church.

“Church” means an establishment for the principal purpose of religious worship for which the main building or other structure contains the sanctuary or principal place of worship and including accessory uses in the main building or in separate buildings or structures including Sunday school rooms and religious education classrooms, assembly rooms, kitchen, library or reading room, recreation hall, and one-family dwelling unit and residence on site for nuns and clergy, but excluding day care nurseries and facilities for training of religious orders. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.23, 1974)

17.04.120 Classification.

“Classification” means a use category in the broad list of land uses in which certain uses, either individually or as to type, are identified as possessing similar characteristics or performance standards and are permitted as compatible uses in the same zone or classification. A “classification,” as the term is employed in this title, includes provisions, conditions and requirements related to the location of uses. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.25, 1974)

17.04.125 Clinic.

“Clinic” means a building or portion thereof containing offices for the provision for services of the practice of the healing arts, for outpatients only. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.24, 1974)

17.04.130 Commission.

“Commission” means the Ocean Shores planning commission. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.26, 1974)

17.04.135 Conditional use.

“Conditional use” means a use listed among those classified in any given zone but permitted to locate only after review by the hearing examiner and the granting of a conditional use permit imposing such performance standards as are contained in the title to make the conditional use compatible with other permitted uses in the same vicinity and zone. (Ord. 837 § 1 (part), 2008: Ord. 714 § 4, 2001; Ord. 136 § 2.27, 1974)

17.04.140 Conditional use permit.

“Conditional use permit” means the documented evidence of authority granted by the hearing examiner to locate a conditional use at a particular location. (Ord. 837 § 1 (part), 2008: Ord. 714 § 5, 2001; Ord. 136 § 2.28, 1974)

17.04.145 Council.

“Council” means the Ocean Shores city council. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.29, 1974)

17.04.148 Day services center.

“Day services center” means a facility that offers a haven to people experiencing homelessness by providing a safe place to rest during the day but with no overnight stays. Support services for homeless populations are an integral part of a day services center use and include but are not limited to access to food, seating, showers, laundry, restrooms, storage, a computer lab, phones, fax and a critical mailing address. Spaces for meetings and examinations are generally provided to accommodate counseling and access to medical/dental and legal assistance. (Ord. 1076 § 1(C)(1)(b), 2021)

17.04.150 Development regulations.

“Development regulations” or “regulation” means the controls placed on development or land use activities by the city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. (Ord. 837 § 1 (part), 2008)

17.04.155 Dwelling.

“Dwelling” means a building designed exclusively for residential purposes, including one-family, two-family and multiple dwellings, but not including hotel or motel units designed for short-term occupancy. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.31, 1974)

17.04.160 Dwelling, multiple.

“Multiple dwelling” means a building designed exclusively for occupancy by three or more families living separately from each other and containing three or more dwelling units. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.32(c), 1974)

17.04.165 Dwelling, one-family.

“One-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.32(a), 1974)

17.04.170 Dwelling, two-family.

“Two-family dwelling” means a building designed exclusively for occupancy by two families living separately from each other and containing two dwelling units. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.32(b), 1974)

17.04.175 Dwelling unit.

“Dwelling unit” means one or more rooms designed for one family for living and sleeping purposes and containing complete housekeeping facilities for one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.33, 1974)

17.04.180 Dwelling unit, accessory.

“Accessory dwelling unit” means a dwelling unit that has been added onto, created within, or separated from a single-family detached dwelling for use as a complete independent living unit with provisions for cooking, eating, sanitation, and sleeping. (Ord. 837 § 1 (part), 2008)

17.04.185 Equipment, heavy duty.

“Heavy duty equipment” means high capacity mechanical devices for moving earth or other materials, mobile power units including, but not limited to carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, concrete mixers and conveyors, and similar devices operated by mechanical power as distinguished from manpower. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.35, 1974)

17.04.190 Family.

“Family” means an individual or two or more persons related by blood or marriage, or a group of not more than five persons not related by blood or marriage, living together as a single housekeeping unit and occupying a dwelling unit. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.36, 1974)

17.04.192 Family home child care.

“Family home child care” means a facility licensed to provide direct care, supervision and early learning opportunities for twelve or fewer children, in the home of the licensee where the licensee resides and is the primary provider. (Ord. 837 § 1 (part), 2008)

17.04.195 Fence.

A “fence” is a structure or planting intended to reduce or obstruct visual and/or physical access, restrain children or pets, and/or to protect property. No structure or planting under two feet high shall be considered a fence. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.37, 1974)

17.04.200 Fence, sight-obscuring.

“Sight-obscuring fence” means a fence which is constructed or planted in such a fashion as to cause eighty percent or more opaqueness at any angle of view through such fence. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.38, 1974)

17.04.210 Floor area.

“Floor area” means the area included within the surrounding walls of a building (or portion thereof), exclusive of vent shaft, court and garage. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.40, 1974)

17.04.215 Garage, private.

“Private garage” means an accessory building or an accessory portion of a main building designed and/or used for shelter or storage of automobiles, boats, and/or any other vehicles owned or operated by the occupants of the main building, and in which no occupation for profit is carried on. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.41, 1974)

17.04.220 Garage, public.

“Public garage” means a building other than a private garage used for the care and repair of motor vehicles, or where such vehicles are parked or stored for compensation, hire or sale. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.42, 1974)

17.04.225 Grade, established.

“Established grade” means the centerline of road grade established by the city. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.43, 1974)

17.04.230 Grade, finished.

“Finished grade” means the elevation of the soil just after the completion of construction or alteration on, in, or near such soil. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.44, 1974)

17.04.235 Grade, original.

“Original grade” means the elevation of the soil existing just prior to the beginning of construction or alteration taking place in, on, or near such soil. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.45, 1974)

17.04.240 Guest room.

“Guest room” means a room which is designed to be used by one or more guests, but in which no provision is made for cooking, and not including rooms in dormitories used for sleeping purposes. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.46, 1974)

17.04.241 Hazardous waste.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor. (Ord. 837 § 1 (part), 2008: Ord. 477 § 1 (part), 1989)

17.04.241.5 Hazardous waste storage.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor. (Ord. 837 § 1 (part), 2008: Ord. 477 § 1 (part), 1989)

17.04.242 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, Chapter 173-303 WAC, or its successor. (Ord. 837 § 1 (part), 2008: Ord. 477 § 1 (part), 1989)

17.04.243 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 property other than those on which the off-site facilities are located. (Ord. 837 § 1 (part), 2008: Ord. 477 § 1 (part), 1989)

17.04.244 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 same property. (Ord. 837 § 1 (part), 2008: Ord. 477 § 1 (part), 1989)

17.04.245 Home occupation.

“Home occupation” means a use customarily conducted within a home environment which is conducted entirely within the confines of the operator’s residence or private garage (except for a children’s outdoor play space) and which is clearly incidental or secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling. (Ord. 1065 § 1, 2020; Ord. 837 § 1 (part), 2008: Ord. 361 § 1, 1983: Ord. 136 § 2.47, 1974)

17.04.247 Homeless services use.

“Homeless services use” refers to the collection of service uses defined in Sections 17.04.148, 17.04.390, 17.04.392, 17.04.418 and 17.04.568 and established for the purpose of providing ongoing services to people experiencing homelessness. (Ord. 1076 § 1(C)(1)(a), 2021)

17.04.248 Homeless services use definitions.

Additional definitions applicable to terminology used in Chapter 17.44:

A. “Code of conduct” is an agreement on rules of behavior between occupants of a homeless services use and operators and providers offering a homeless services use at a specific location. The code of conduct is intended to protect the health, safety and welfare of the occupants and employees of the homeless services use, and the surrounding residents and businesses.

B. “Funder” means any person, partnership, corporation or other organization of any kind that provides funding to establish, construct or operate a homeless services use.

C. “Good neighbor agreement (GNA)” refers to a specific plan developed through a good neighbor agreement advisory committee process to address operational and communication commitments that are uniquely tailored to the location where a homeless services use is proposed.

D. “Homelessness” refers to the state of a person who is living in a place not meant for human habitation, which may include, but is not limited to, vehicles, streets, parks, alleys, parking garages, vacant buildings, all-night commercial establishments and other similar places, or is a resident in an overnight shelter.

E. “Operator” means any person, partnership, corporation or other organization of any kind that proposes to site and operate a homeless services use in the city.

F. “Provider” means any person, partnership, corporation or other organization of any kind that provides supportive services to a homeless population accessing a homeless services use.

G. “Safety and security plan” refers to a plan developed by the operator and updated to reflect input provided by the Ocean Shores police department to address security concerns regarding a homeless services use that is proposed at a specific location.

H. “Standard operating procedures” refers to a plan developed by the operator that addresses the elements required by Chapter 17.44. The elements contained in the standard operating procedures plan would generally be applicable to all homeless services uses in Ocean Shores irrespective of where they are proposed to be located.

I. “Supportive services” are those provided to occupants of a homeless services use for the purpose of facilitating their independence and include, but are not limited to, services such as case management, medical treatment, psychological counseling, childcare, transportation and job training.

J. “Density” means the number of dwelling units or lots within a specified area calculated by dividing the number of dwelling units or lots by the gross acres (see “gross acreage”).

K. “Department” means the city of Ocean Shores planning department.

L. “Development” means any manmade change to improved or unimproved real property, including, but not limited to, buildings or other structures, placement of manufactured homes/mobile homes, mining, dredging, clearing, filling, grading, paving, excavation, drilling or the subdivision of property.

M. “Development permit” means any document granting, or granting with conditions, an application for a land use designation or redesignation, zoning or rezoning, subdivision, site plan, building permit, variance or any other official action of the city having the effect of authorizing the development of land.

N. “Development plan” means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress, and signs.

O. “Development standards” means regulations including but not limited to setbacks, landscaping, screening, building height, site coverage, signs, building layout, parking and site design and related features of land use.

P. “Discretionary land use permit” means a document granted by official action of the city which authorizes the development or use of land pursuant to the final development plan approval.

Q. “District” means an area designated by the Ocean Shores Municipal Code and zoning map with specific boundaries in which lie specific zones that are described in the municipal code.

R. “Dripline” means the maximum circumference of the existing tree crown as located on site.

S. “Drive-through windows/facilities” means any portion of a building or structure from which business is transacted directly with customers located in a motor vehicle during such business transactions. This definition shall not include retail fueling stations and car washes.

T. “Dwelling” shall have the same meaning as Section 17.04.155.

(Ord. 1076 § 1(C)(2), 2021)

17.04.250 Hospital.

“Hospital” means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.48, 1974)

17.04.255 Hotel.

“Hotel” means a building or portion thereof in which there are six or more guest rooms where lodging with or without meals is provided for compensation and where no provision is made for cooking in any individual room or suite. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.49, 1974)

17.04.260 Junkyard.

“Junkyard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used-lumber yards, and yards for use of salvaging house wrecking and structural steel material and equipment. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.50, 1974)

17.04.265 Kennel.

“Kennel” means an establishment for the breeding or boarding of dogs. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.51, 1974)

17.04.270 Landscaping.

“Landscaping” means the addition of, or retention of, existing plant materials (grass, groundcover, annuals, perennials, shrubs, vines and trees), landscape light fixtures, trash receptacles, benches, fountains and other street furniture and including paving or decking used for ornamental purposes to areas of a lot not devoted to structures, parking or driveways. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.53, 1974)

17.04.275 Livestock.

“Livestock” means horses, bovine animals, sheep, goats, swine, reindeer, donkeys and mules. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.52, 1974)

17.04.280 Loading, off-street.

“Off-street loading” means an off-street space or berth on the same lot with a principal building for the parking of a vehicle while loading or unloading merchandise and which has direct access from a public street or alley. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.54, 1974)

17.04.285 Lot.

“Lot” means a parcel of land used or capable of being used under the regulations of this title, including both the building site and all required yards and open spaces. A “lot” need not necessarily coincide with the “lot of record” which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the county. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.55, 1974)

17.04.290 Lot area.

“Lot area” means the total horizontal area within the lot lines of a lot. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.56, 1974)

17.04.295 Lot, corner.

“Corner lot” means a lot bounded on two or more sides by street lines; provided, that the interior angle of intersection or interception of said street lines does not exceed one hundred thirty-five degrees. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.57, 1974)

17.04.300 Lot depth.

“Lot depth” means the sum of all sidelines divided by two. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.64, 1974)

17.04.305 Lot, interior.

“Interior lot” means a lot other than a corner lot or a reverse corner lot. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.58, 1974)

17.04.310 Lot, key.

“Key lot” means the first lot to the rear of a reverse corner lot, whether or not separated by an alley. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.59, 1974)

17.04.315 Lot line, front.

“Front lot line” means the line parallel to the right-of-way and consistent with the adjoining lots in the same block. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.61, 1974)

17.04.320 Lot line, rear.

“Rear lot line” means the line farthest from the right-of-way and generally parallel to the front line. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.62, 1974)

17.04.325 Lot line, side.

“Side lot line” means the line generally at right angles to the front lot line and extending to the rear lot line. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.63, 1974)

17.04.330 Lot, reverse corner.

“Reverse corner lot” means a corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of such corner lot abuts. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.60, 1974)

17.04.335 Lot width.

“Lot width” means the sum of front and rear lot lines divided by two. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.65, 1974)

17.04.345 Manager.

“Manager” means the city manager. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.69, 1974)

17.04.347 Manufactured home.

“Manufactured home” refers to a factory-built, single-family structure manufactured in accordance with the Construction and Safety Standards Act of 1974 and with Department of Housing and Urban Development (HUD) manufactured housing standards. This constitutes a national, preemptive building code. (Ord. 837 § 1 (part), 2008: Ord. 759 § 3 (part), 2003)

17.04.355 Mayor.

“Mayor” means the mayor of the city. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.68, 1974)

17.04.360 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 and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. (Ord. 837 § 1 (part), 2008: Ord. 759 § 2 (part), 2003: Ord. 136 § 2.70, 1974)

17.04.365 Modular home.

“Modular home” means a dwelling unit constructed according to the State Department of Labor and Industries specifications for factory-built homes, which is a national, preemptive building code, and transported to the site where it is to be used. A structure may be transported in one or more pieces, but the structure is designed to be transported only once. For purposes of this title, a modular home shall be considered equivalent to a traditional site-built home. (Ord. 837 § 1 (part), 2008: Ord. 759 § 2 (part), 2003: Ord. 136 § 2.71, 1974)

17.04.370 Motel.

“Motel” means an individual building or group of attached or detached buildings containing guest rooms together with conveniently located parking space on the same lot which are designed, used or intended to be used for the accommodation of transients. The term includes auto courts, motor lodges and tourist courts. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.72, 1974)

17.04.371 Nonaccessory structures.

“Nonaccessory structure” means a shed, or gazebo-type structure or fence, which is independent of any principal structure, and which may be erected on undeveloped real property within the city limits. For the purpose of this section, “undeveloped real property” is defined as real property, which does not contain a principal structure as defined in Section 17.04.441. (Ord. 1106 § 1, 2023; Ord. 1017 § 1, 2018: Ord. 837 § 1 (part), 2008: Ord. 692 § 1, 2000)

17.04.371.5 New manufactured home.

“New manufactured home” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2). (Ord. 837 § 1 (part), 2008: Ord. 791 § 2 (part), 2005)

17.04.375 Nonconforming building.

“Nonconforming building” means a building, or portion thereof, which was lawfully erected or altered and maintained but which, because of the application of this title, no longer conforms to the regulations of the zone in which it is located as defined by this title. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.73, 1974)

17.04.380 Nonconforming use.

“Nonconforming use” means a use which was lawfully established and maintained but which, because of the application of this title, no longer conforms to the use regulations of the zone in which it is located as defined by this title. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.74, 1974)

17.04.390 Overnight shelter, emergency/temporary.

“Overnight shelter, emergency/temporary” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency overnight shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency overnight shelter facilities may include day and warming centers and/or daytime drop-in centers that do not provide overnight accommodations. Temporary shelter facilities associated with disaster relief are excluded from this use category. (Ord. 1076 § 1(C)(1)(c), 2021)

17.04.392 Overnight shelter, permanent.

“Overnight shelter, permanent” means any facility that is constructed for the primary purpose of providing shelter for people experiencing homelessness in general or for specific populations of people experiencing homelessness. Supportive services may or may not be provided in addition to the provision of shelter. (Ord. 1076 § 1(C)(1)(d), 2021)

17.04.402 Park trailer.

“Park trailer” means a park trailer as defined in the American National Standards Institute A119.5 standard for park trailers. (Ord. 837 § 1 (part), 2008: Ord. 759 § 3 (part), 2003)

17.04.405 Parking area, private.

“Private parking area” means an open area, other than a street, alley or other public property, limited to the parking of automobiles of occupants of a dwelling, hotel, motel, apartment house, boardinghouse or lodging house to which these facilities are appurtenant. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.79, 1974)

17.04.410 Parking area, public.

“Public parking area” means an open area, other than a street, or private parking space as defined in Section 17.04.405, whether publicly or privately owned, which is used for the parking of more than four vehicles. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.80, 1974)

17.04.415 Parking space.

“Parking space” means space within a public or private parking area, or within a parking building, used for the temporary parking or storage of one motor vehicle. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.81, 1974)

17.04.418 Permanent supportive housing (PSH).

“Permanent supportive housing (PSH),” as defined in RCW 36.70A.030, means subsidized, leased housing with no limit on length of stay, paired with on-site or off-site voluntary services designed to support a person living with a disability to be a successful tenant in a housing arrangement, improve the resident’s health status, and connect residents of the housing with community-based health care, treatment, and employment services. (Ord. 1076 § 1(C)(1)(f), 2021)

17.04.420 Permitted use.

“Permitted use” means those uses which are permitted to locate in a district as a matter of right as listed and explained in this title. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.82, 1974)

17.04.425 Planned development.

“Planned development” is one which stays within the density requirements of the area in which it is located for the overall project while allowing a degree of latitude in describing individual lot sizes and which also has a percentage of its gross area devoted to recreational development or open space uses. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.83, 1974)

17.04.430 Planner or city planner.

“Planner” or “city planner” means the department and or individual staff member or members employed by the city and designated with responsibility for administration of the zoning code by the city manager.

See definition of “development regulations.” (Ord. 837 § 1 (part), 2008)

17.04.441 Principal structure.

“Principal structure” means a structure which houses or contains a permitted use allowed by any of the following sections or subsections: 17.16.020, 17.18.020(A), 17.20.020(A), 17.22.020(A), 17.24.020(A), 17.26.020(A), 17.28.020(A), 17.30.020(A), 17.32.020(A), 17.34.020(A), (B), and (C) and 17.36.020(A), (B), and (C). (Ord. 837 § 1 (part), 2008: Ord. 255 § 2, 1978)

17.04.450 Profession.

“Profession” is an occupation involving the dispensation of a service which involves either some skill or knowledge, or which requires connections to other businesses not easily or readily available to the general public (examples are doctors, lawyers, architects, financial services, stockbrokers, detective agencies, engineers, etc.). A distinction is made between purveyors of professions and purveyors of merchandise or repair of articles. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.88, 1974)

17.04.455 Professional offices.

“Professional offices” are offices maintained and used as places of business for those who practice professions as defined in Section 17.04.450. No overnight care or visitation is considered in this definition and any professional office may be considered as a home occupation; provided, that the criteria of the definition of “home occupation” are met along with the regulations pertaining to the same. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.89, 1974)

17.04.460 Projection.

“Projection” means eaves, cornices, platforms, porches, or any types of structure attached to and extending from the main building. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.90, 1974)

17.04.465 Reclassification of property.

“Reclassification of property” means a change in zone boundaries upon a zoning map, which map is a part of this title when adopted in the manner prescribed by law. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.91, 1974)

17.04.470 Recorded.

“Recorded,” unless otherwise stated, means filed for purpose of record with the auditor of Grays Harbor County. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.92, 1974)

17.04.475 Recreational vehicle.

“Recreational vehicle” is defined as follows:

A. Any motorized vehicle designed primarily for camping or temporary living of any kind;

B. Any nonmotorized vehicle or trailer which has one or more wheels and which is primarily designed for camping or other temporary living;

C. Any camper or other unit not a vehicle or trailer itself which is primarily designed to be attached to a vehicle or trailer as described above, for camping or other temporary living purposes;

D. The above definitions shall include but not be limited to motor homes, boats and boat trailers, camping trailers, tent trailers and pickup camping units, all of which may be of any size or description.

Provided, that the definition of recreational vehicle provided in the R-6A zone shall apply when the recreational vehicle is the primary structure and use on the property.

(Ord. 837 § 1 (part), 2008: Ord. 759 § 2 (part), 2003: Ord. 136 § 2.93, 1974)

17.04.480 Recreational vehicle park and campground.

“Recreational vehicle park and campground” means any tract of land divided into lots or spaces, under the ownership or management of one person, firm or corporation for the purpose of locating three or more recreational vehicles for nightly or short-term use. (Ord. 837 § 1 (part), 2008: Ord. 759 § 2 (part), 2003: Ord. 136 § 2.94, 1974)

17.04.490 Rest home, convalescent home, guest home or home for the aged.

“Rest home,” “convalescent home,” “guest home,” or “home for the aged” means a home operated similarly to the boardinghouse but not restricted to any number of guests or guest rooms, the operator of which is licensed by the state or county to give special care and supervision to his or her charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, and in which homes are performed no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.96, 1974)

17.04.495 Screened.

“Screened” means concealed or cut off from visual access. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.97, 1974)

17.04.500 Service station, automotive.

“Automotive service station” means a building or premises where fuel, oil, batteries, tires and automotive accessories may be sold and routine automotive servicing and parts replacement are performed; however, tire recapping, major repair or body work, painting, welding, auto wrecking, and motor overhaul are specifically excluded. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.98, 1974)

17.04.505 Single-family residence.

“Single-family residence” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. (Ord. 837 § 1 (part), 2008: Ord. 793 § 1, 2005: Ord. 791 § 2 (part), 2005)

17.04.525 Story.

“Story” means 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 top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement is more than six feet above the finished grade, such basement shall be considered a story. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.103, 1974)

17.04.530 Story, half.

“Half story” means a space under a sloping roof which has the line of intersection of roof decking and exterior wall not more than four feet above the top floor level. A half story containing one or more independent dwelling units shall be counted as a full story. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.104, 1974)

17.04.535 Street grade and right-of-way.

“Street grade and right-of-way” means the officially established street grade or right-of-way lines upon which a lot fronts. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.106, 1974)

17.04.540 Street or road.

“Street” or “road” means a public thoroughfare or right-of-way which affords the principal means of access to abutting property. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.105, 1974)

17.04.545 Structural alteration.

“Structural alteration” means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams or girders, or any structural change in the roof. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.108, 1974)

17.04.550 Structure.

“Structure” means anything built or erected above or below ground, affixed to the ground, or attached to something fixed to the ground (see “building”). (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.107, 1974)

17.04.555 Tower.

“Tower” means a portion of a building that is higher than the remainder of the building, or a tall structure of small dimension separate from the building it accompanies such as the campanile of a church. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.109, 1974)

17.04.560 Trailer park, trailer court and public trailer camp.

For definitions of “trailer park,” “trailer court” and “public trailer camp,” see Section 17.04.480, Recreational vehicle park and campground. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.111, 1974)

17.04.565 Trailer, travel.

A “travel trailer” is a type of recreational vehicle as defined in Section 17.04.475. (Ord. 837 § 1 (part), 2008: Ord. 759 § 2 (part), 2003: Ord. 136 § 2.110, 1974)

17.04.567 Transient rental.

“Transient rental” means the rental or lease for a consideration or forbearance of a dwelling for thirty days or less. (Ord. 837 § 1 (part), 2008: Ord. 555 § 5(D), 1993)

17.04.568 Transitional housing.

“Transitional housing,” as defined in RCW 84.36.043(2)(c), means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. (Ord. 1076 § 1(C)(1)(e), 2021)

17.04.570 Use.

“Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.112, 1974)

17.04.575 Variance.

“Variance” means an adjustment in the application of the specific regulations of this title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies such disparity in privileges. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.113, 1974)

17.04.580 Vehicle.

“Vehicle” means any contrivance in or on which persons or things may be contained, carried or conveyed, whether in motion or standing, and includes recreational vehicles as defined in Section 17.04.475, whether or not fixed or fitted with wheels or runners. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.114, 1974)

17.04.585 Yard.

“Yard” means an open space, other than a court, unoccupied and unobstructed from the ground upward, except for certain exceptions specified in this title. In measuring a yard, as hereinafter provided, the “line of a building” means a line parallel to or concentric with the nearest lot line drawn through the point of a building or building group nearest to such lot line, and the measurement shall be taken from the line of the building to the nearest lot line. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.115, 1974)

17.04.590 Yard, front.

“Front yard” means a yard extending the full width of the site and measured as to depth at the least horizontal distance between the street right-of-way line and the exterior wall. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.116, 1974)

17.04.595 Yard, rear.

“Rear yard” means a yard which extends the full width of the site, measured as to depth at the least horizontal distance between the rear lot line and exterior wall. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.117, 1974)

17.04.600 Yard, side.

“Side yard” means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard, or rear lot line where no rear yard exists, and measured as to width at the least horizontal distance between the side lot line and the exterior wall. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.118, 1974)

17.04.605 Zone.

“Zone” means an area accurately defined as to boundaries and location, and classified by this title as available for certain types of uses and within which other types of uses are excluded. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.119, 1974)