Chapter 18.08 DEFINITIONS

“Accessory uses and structures” means a building or use which (i) is subordinate to and serves a principal building or use; (ii) is subordinate in area, extent or purpose to the principal building or use served; (iii) contributes to the comfort, convenience or necessity of occupants of the principal building or use; and (iv) is located on the same lot as the principal building or use. (Ord. 660 § 57.00, 1985)

18.08.025 Adult concessions.

“Adult concessions” means any activity including, but not limited to:

A. Adult Cabaret. A nightclub or tavern regularly featuring nude or semi-nude performances, either live or prerecorded.

B. Adult Hotel/Motel. A facility offering sleeping accommodations in conjunction with closed-circuit television featuring specified sexual activities or specified anatomical areas and/or offering sleeping accommodations for a period of time that is less than 10 hours.

C. Adult Motion Picture Theater. A facility regularly showing films, tapes, slides or similar photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas.

D. Adult Panoram Theater or Arcade. A facility offering private or semi-private viewing of video or film depiction of specified sexual activities or specified anatomical areas.

E. Adult Retail Establishment. Any premises devoting more than 15 percent of its merchandise or 10 percent of its retail floor area toward the depiction of specified sexual activities or specified anatomical areas.

F. Adult Theater. A facility regularly featuring persons who appear in a state of nudity or semi-nudity, either live or prerecorded, depicting specified sexual activities or specified anatomical areas. (Ord. 847 § 1, 1997)

18.08.030 Alley.

“Alley” means a narrow street which affords only a secondary means of access to property abutting thereon. (Ord. 660 § 57.00, 1985)

18.08.040 Automobile wrecking yard.

“Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts or the storage of motor vehicles unable to be moved under the power of the vehicle. (Ord. 660 § 57.00, 1985)

18.08.050 Boarding clinic.

“Boarding clinic” means a veterinarian clinic or kennel where provisions are made for boarding animals for periods longer than one day. (Ord. 660 § 57.00, 1985)

18.08.060 Boarding, lodging or rooming house.

“Boarding house,” “lodging house” or “rooming house” mean a building where lodging with or without meals is provided for three or more persons in addition to members of the family occupying such building. (Ord. 660 § 57.00, 1985)

18.08.070 Buildable area.

“Buildable area” means the space remaining on a lot after the minimum open space requirements (coverage, yards, setbacks) have been met. (Ord. 660 § 57.00, 1985)

18.08.080 Building.

“Building” means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 660 § 57.00, 1985)

18.08.090 Building line.

“Building line” means a line, fixed parallel to the lot line, beyond which a building cannot extend. (Ord. 660 § 57.00, 1985)

18.08.095 Church.*

“Church” means a place of worship that is a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or exercise of religion. A building constructed or used for this purpose is sometimes called a house of worship. Temples, churches, and mosques are examples of structures created for worship. A monastery, particularly for Buddhists, may serve both to house those belonging to religious orders and as a place of worship for visitors. A parsonage may be included in the use where it is used to house a clergy member of the church. Natural or topographical features may also serve as places of worship, and are considered holy or sacrosanct in some religions; the rituals associated with the Ganges River are an example in Hinduism. (Ord. 1141 § 1(1), 2014)

*Code reviser’s note: Ord. 1141 added this section as 18.05.105. It has been editorially renumbered to maintain the numerical and alphabetical sequence.

18.08.100 City.

“City” means the city of Okanogan, Washington. (Ord. 660 § 57.00, 1985)

18.08.110 Commission.

“Commission” means the planning commission of the city. (Ord. 660 § 57.00, 1985)

18.08.120 Comprehensive plan.

“Comprehensive plan” means any map, plan or policy statement pertaining to the development of land use, streets or public utilities and facilities, for all or any portion of the city, which has been officially adopted by the planning commission of the city and the city council. (Ord. 660 § 57.00, 1985)

18.08.130 Convalescent center.

“Convalescent center” means a facility other than a home used to house and care for more than two ill, disabled or elderly persons. (Ord. 660 § 57.00, 1985)

18.08.140 Corner lot.

“Corner lot” means a lot located at the intersection of two or more streets having an angle of intersections of not more than 135 degrees. (Ord. 660 § 57.00, 1985)

18.08.150 Council.

“Council” means the city council. (Ord. 660 § 57.00, 1985)

18.08.160 Day care center (agency).

“Day care center (agency)” means a facility other than a home which provides child care for more than two children on a regular basis. (Ord. 660 § 57.00, 1985)

18.08.170 Day care center (family).

“Day care center (family)” means a home where child care is provided for more than two and fewer than 13 children as licensed by the state of Washington. (Ord. 783 § 1, 1994; Ord. 660 § 57.00, 1985)

18.08.180 Density.

“Density” means the average number of dwelling units per acre. (Ord. 660 § 57.00, 1985)

18.08.190 Dish antenna.

“Dish antenna” means a structure designed to receive radio or television signals from communication satellites. (Ord. 660 § 57.00, 1985)

18.08.200 Dwelling, multifamily.

“Multifamily dwelling” means a building containing three or more dwelling units. (Ord. 660 § 57.00, 1985)

18.08.210 Dwelling, single-family.

“Single-family dwelling” means a detached building containing one dwelling unit. (Ord. 660 § 57.00, 1985)

18.08.220 Dwelling, two-family.

“Two-family dwelling” means a detached building containing two dwelling units. (Ord. 660 § 57.00, 1985)

18.08.230 Dwelling unit.

“Dwelling unit” means a building or portion of a building designed for occupancy by one family and having only one cooking facility. (Ord. 660 § 57.00, 1985)

18.08.235 Factory-built housing.

“Factory-built housing” means a structure designed for long-term residential use. For purposes of these regulations, factory-built housing consists of three types: modular homes, manufactured homes, and mobile homes. “Kit” homes composed of pre-cut, nonassembled materials are not considered factory-built housing. (Ord. 882 § 2, 1999)

18.08.240 Family.

“Family” means an individual, or two or more persons related by blood, marriage, adoption or legal guardianship, living together in a dwelling unit in which meals or lodging may also be provided for not more than two additional persons excluding servants; or a group of not more than three unrelated persons living together in a dwelling unit. (Ord. 660 § 57.00, 1985)

18.08.250 Floor area.

“Floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including hall, stairways, elevator shafts, attached garages, porches, basements and balconies. (Ord. 660 § 57.00, 1985)

18.08.260 Grade (ground level).

“Grade (ground level)” means the lowest elevation of the finished ground level. (Ord. 660 § 57.00, 1985)

18.08.262 Grade, average (average grade level).

“Grade, average (average grade level)” means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. (Ord. 1076 § 2, 2007)

18.08.270 Hazardous waste.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010. (Ord. 706 § 1, 1988; Ord. 660 § 57.00, 1985)

18.08.280 Hazardous waste storage.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by State Dangerous Waste regulation, Chapter 173-303 WAC. (Ord. 706 § 1, 1988; Ord. 660 § 57.00, 1985)

18.08.290 Hazardous waste treatment.

“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 706 § 1, 1988; Ord. 660 § 57.00, 1985)

18.08.300 Hazardous waste treatment and storage facility, off-site.

“Off-site hazardous waste treatment and storage facility” means those treatment and storage facilities which treat and store waste from generators on properties other than those on which the off-site facilities are located. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105.210. (Ord. 706 § 1, 1988; Ord. 660 § 57.00, 1985)

18.08.310 Hazardous waste treatment and storage facility, on-site.

“On-site hazardous waste treatment and storage facility” means those treatment and storage facilities which treat and store wastes generated on the same geographically contiguous, or bordering property. These facilities must comply with the state siting criteria as adopted in accordance with RCW 20.105.210. (Ord. 706 § 1, 1988; Ord. 660 § 57.00, 1985)

18.08.320 Height of building.

“Height of building” means the vertical distance measured from average grade level to the highest point of the roof. (Ord. 1076 § 1, 2007; Ord. 660 § 57.00, 1985)

18.08.330 Home occupation.

“Home occupation” means the lawful accessory use of a dwelling unit for gainful employment involving the manufacture, provisions for sale of goods and/or services in the home, and meeting the standards and restrictions of Chapter 18.68 OMC. (Ord. 885 § 2, 1999; Ord. 660 § 57.00, 1985)

18.08.331 Home occupation, administration.

“Home occupation, administration” means the subgroup of home occupations of a significantly less intensity and magnitude of character and meeting the standards and restrictions of Chapter 18.68 OMC. Home occupations, administration is the accessory use of a dwelling unit as an administrative office for an occupation conducted away from the home and/or employs only the residents of the home and no clients visit the dwelling to conduct business. The home is used for phone calls, mail, and completing paperwork associated with a business. This definition does not include manufacturing, sales, repair or other such services conducted within the home. (Ord. 885 § 2, 1999)

18.08.340 Junkyard.

“Junkyard” means an area where any person is engaged in breaking up, handling, packing, bailing, sorting, distributing, buying or selling any scrap, waste material or junk, including but not limited to scrap metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used lumber, used pipe or pipe fittings, used tires or other used manufactured goods. (Ord. 660 § 57.00, 1985)

18.08.350 Lot.

“Lot” means the basic development unit; an area with fixed boundaries, used or intended to be used by one building and its accessory building(s) and not divided by any street or alley. (Ord. 660 § 57.00, 1985)

18.08.360 Lot area.

“Lot area” means the total horizontal land area within the lot lines of a lot. (Ord. 660 § 57.00, 1985)

18.08.370 Lot coverage.

“Lot coverage” means the amount of land covered or permitted to be covered by a building, usually measured in terms of percentage of total lot area. Coverage includes any accessory structures. (Ord. 660 § 57.00, 1985)

18.08.380 Lot line.

“Lot line” means the property line bounding a lot. (Ord. 660 § 57.00, 1985)

18.08.390 Lot line, front.

“Front lot line” means the property line separating the lot from the street other than an alley. (Ord. 660 § 57.00, 1985)

18.08.400 Lot line, rear.

“Rear lot line” means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line. (Ord. 660 § 57.00, 1985)

18.08.410 Lot line, side.

“Side lot line” means any property line not a front or rear lot line. (Ord. 660 § 57.00, 1985)

18.08.420 Lot width.

“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured at the front building line. (Ord. 660 § 57.00, 1985)

18.08.422 Manufactured home, designated.

“Designated manufactured home” is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

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

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences. (Ord. 1126 § 1, 2012)

18.08.423 Manufactured home, individual lot.

“Individual lot manufactured home” means a manufactured home that meets the definition of “designated manufactured home” and additionally:

A. The manufactured home is set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home perimeter to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; and

B. The manufactured home complies with all local design standards applicable to all other homes within the district in which the manufactured home is to be located such as but not limited to snow load, fire exposure, frost protection, flood hazard reduction, setbacks and lot coverage; and

C. The manufactured home is thermally equivalent to the current state energy code for a new construction single-family dwelling. (Ord. 1126 § 1, 2012)

18.08.425 Manufactured housing.

“Manufactured housing” means a residential, factory-built dwelling constructed in accordance with and subsequent to the 1976 enactment of the Federal Manufactured Home Construction and Safety Standards. (Ord. 882 § 2, 1999)

18.08.426 Manufactured housing community.

“Manufactured housing community” means a parcel of land under single ownership on which two or more manufactured housing units are sited. A manufactured housing community does not include real property used for seasonal recreation purposes only, as opposed to year-round occupancy. (Ord. 882 § 2, 1999)

18.08.427 Manufactured housing condominium.

“Manufactured housing condominium” means a condominium development of manufactured homes. (Ord. 882 § 2, 1999)

18.08.430 Mobile home.

“Mobile home” means a residential, factory-built dwelling constructed prior to the 1976 enactment of the Federal Manufactured Home Construction and Safety Standards. (Ord. 882 § 2, 1999)

18.08.440 Mobile/manufactured home.

“Mobile/manufactured home” means a residential unit or part thereof on one or more chassis for towing to the point of use and designated to be used with a foundation as a dwelling unit on a year-round basis, and which bears an insignia issued by a state or federal regulatory agency indicating that the mobile/ manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home. Commercial coaches, recreational vehicles or motor homes are not considered mobile/manufactured homes. (Ord. 660 § 57.00, 1985)

18.08.450 Mobile/manufactured home park.

“Mobile/manufactured home park” means a development of at least one acre of land specifically designed for mobile/manufactured homes or mobile homes on the same lot for dwelling or sleeping purposes. (Ord. 660 § 57.00, 1985)

18.08.455 Modular home.*

“Modular home” means a residential, factory-built dwelling constructed in conformance with local and state building codes. (Ord. 882 § 2, 1999)

*Code reviser’s note: Ord. 882 added this section as 18.08.450. It has been editorially renumbered to avoid duplication.

18.08.460 Nonconforming lot.

“Nonconforming lot” means a lot, the area, width and other dimensional characteristics of which fail to meet the requirements of the zoning district in which it is located and was conforming prior to the enactment of the ordinance codified in this title or any amendment thereto. (Ord. 660 § 57.00, 1985)

18.08.470 Nonconforming structure.

“Nonconforming structure” means a legally established structure existing at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the lot size, yard, height or lot coverage requirements of the district in which it is located. (Ord. 660 § 57.00, 1985)

18.08.480 Nonconforming use.

“Nonconforming use” means a legally established use existing at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the use requirements of the district in which it is located. (Ord. 660 § 57.00, 1985)

18.08.490 Nursery/greenhouse.

“Nursery/greenhouse” means a facility, structure or use of land for the commercial production of bedding plants, tree stock or associated horticultural or agricultural products. (Ord. 660 § 57.00, 1985)

18.08.500 Off-street parking space.

“Off-street parking space” means an off-street enclosed or unenclosed surface area of not less than nine feet by 20 feet in size, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one automobile, and connected with a street by a driveway which affords ingress and egress for automobiles. (Ord. 660 § 57.00, 1985)

18.08.505 Parties of record.

“Parties of record” means:

A. The applicant;

B. Any person who testified at the open record public hearing on the application and requested to be notified of any subsequent actions; and/or

C. Any person who submitted written comments concerning the application at the open record public hearing and requested to be notified of any subsequent actions (excluding persons who have only signed petitions or mechanically produced form letters, unless they specifically requested to be notified of subsequent actions.)

Requesting to be notified shall include providing a legible mailing address. (Ord. 889 § 15, 2000)

18.08.510 Person.

“Person” means an individual, firm, partnership, association, corporation, estate, trust, receiver, syndicate, branch of government, social or fraternal organization, or any group or combination acting as a legal entity, and including representative(s) thereof. (Ord. 660 § 57.00, 1985)

18.08.520 Planning commission.

“Planning commission” means the planning commission of the city. (Ord. 660 § 57.00, 1985)

18.08.530 Professional office.

“Professional office” means an office occupied by doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers and surveyors, and persons engaged in other similar occupations. (Ord. 660 § 57.00, 1985)

18.08.540 Recreational facilities.

“Recreational facilities” means a structure or use designed to provide indoor or outdoor recreation opportunities for the public. (Ord. 660 § 57.00, 1985)

18.08.550 Recreational vehicle.

“Recreational vehicle” means travel trailers, motor homes and other like vehicles used for camping and other recreational activities. (Ord. 660 § 57.00, 1985)

18.08.560 Recreational vehicle park.

“Recreational vehicle park” means a a parcel of land designed to accommodate travel trailers, motor homes, campers and other types of recreational vehicles on an overnight or longer-term basis. (Ord. 660 § 57.00, 1985)

18.08.565 School.

“School” means an institution of learning, whether public or private, offering a regular course of educational instruction, and includes kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education. (Ord. 1141 § 1(2), 2014)

18.08.570 Setback.

“Setback” means the required distance between structures and all lot lines. (Ord. 660 § 57.00, 1985)

18.08.580 Sign.

“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business or profession. (Ord. 660 § 57.00, 1985)

18.08.585 Specified anatomical areas.

“Specified anatomical areas” means:

A. Less than completely or opaquely covered human genitals, pubic hair, anus and female breasts below a point immediately above the top of the areola; and

B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered. (Ord. 847 § 1, 1997)

18.08.586 Specified sexual activities.

“Specified sexual activities” means:

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of human masturbation, sexual intercourse or sodomy;

C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. (Ord. 847 § 1, 1997)

18.08.590 Street.

“Street” means a public right-of-way for roadway, sidewalk and utility installation. (Ord. 660 § 57.00, 1985)

18.08.600 Structural alteration.

“Structural alteration” means any change to the supporting members of a structure including but not limited to foundations, bearing walls or partitions, columns, beams, girders, trusses or any structural change in the roof or exterior walls. (Ord. 660 § 57.00, 1985)

18.08.610 Structure.

“Structure” means anything constructed or erected on the ground, or which is attached to something located on the ground. The term includes buildings, radio and TV towers, shed and signs. The term does not include residential fences and retaining walls less than three feet in height, rockeries, sidewalks and other paved surfaces, and similar improvements of a minor character. (Ord. 660 § 57.00, 1985)

18.08.620 Transportation facility.

“Transportation facility” means a structure or use designed to provide services and support for persons using public conveyance. (Ord. 660 § 57.00, 1985)

18.08.630 Travel trailer.

“Travel trailer” means a building or vehicle which is portable or which was originally designed to be portable and which was constructed to permit occupancy for dwelling or sleeping purposes. (Ord. 660 § 57.00, 1985)

18.08.640 Use.

“Use” means the purpose for which land or a structure is primarily designed, arranged or intended, or for which it is primarily occupied or maintained. (Ord. 660 § 57.00, 1985)

18.08.650 Veterinarian clinic.

“Veterinarian clinic” means a clinic for the treatment of sick, diseased or injured animals on an appointment or walk-in basis which may also include boarding facilities. (Ord. 660 § 57.00, 1985)

18.08.660 Visual obstruction.

“Visual obstruction” means any fence, wall, tree, hedge or shrub, object or combination of which limits visibility along streets. (Ord. 660 § 57.00, 1985)

18.08.670 Vocational school.

“Vocational school” means a school for educating, training or retraining persons in a trade, vocation or other technical field. (Ord. 660 § 57.00, 1985)

18.08.680 Yard.

“Yard” means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title. (Ord. 660 § 57.00, 1985)

18.08.690 Yard, front.

“Front yard” means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building. (Ord. 660 § 57.00, 1985)

18.08.700 Yard, rear.

“Rear yard” means a yard between the side lot lines and measured horizontally at right angles from the side lot line to the nearest point of the building. (Ord. 660 § 57.00, 1985)

18.08.710 Yard, side.

“Side yard” means a yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of the building. (Ord. 660 § 57.00, 1985)

18.08.720 Yard, side, street.

“Street side yard” means the side yard of a corner lot abutting the street extending from the front yard to the rear lot line, and measured horizontally at right angles from the side lot line to the nearest point of the building. (Ord. 660 § 57.00, 1985)

18.08.730 Zoning district.

“Zoning district” means a section of the city designated in this chapter in which requirements for the use of land and building and development standard are prescribed. (Ord. 660 § 57.00, 1985)

18.08.740 Zoning map.

“Zoning map” means the map delineating the boundaries of districts which, along with the zoning text of this title, comprise the zoning ordinance of the city. (Ord. 660 § 57.00, 1985)