Chapter 18.08 DEFINITIONS*

“Access corridor/driveway” means a private way (road or easement) providing primary access from a public right-of-way to a lot, parcel, tract of land or parking facility on abutting property. Such corridors/driveways shall meet applicable requirements of Chapter 17.32 regarding access corridors. (Ord. 1344 § 1 (part), 1997).

18.08.003 Accessory structure or use.

“Accessory structure or use” means a subordinate use, structure, building or portion of a building located on the same parcel of land as the main use or building to which it is accessory. For purposes of this definition, accessory building excludes accessory dwelling units. Accessory buildings, excluding accessory dwelling units, shall contain no habitable dwelling space, nor shall they exceed fifteen feet in height, unless otherwise specifically provided by other provisions of this title. For the purposes of defining accessory buildings, “habitable space” is a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, sink, shower, or utility spaces and similar areas are not considered habitable spaces. In addition, and for the purposes of accessory buildings, “living” spaces are typically living rooms, hobby rooms, sewing rooms, play rooms, computer rooms, craft rooms, etc. (Ord. 1877 § 2, 2019).

18.08.005 Administrator.

“Administrator” means the Omak city building official/planner or other person designated by the mayor and approved by the council. (Ord. 1344 § 1 (part), 1997).

18.08.007 Adult cabaret.

“Adult cabaret” means a nightclub, bar restaurant, or similar commercial establishment that regularly features:

(1) Persons who appear in a state of nudity or semi-nudity; or

(2) Live performances that are characterized by the exposure of specified anatomical areas or by including specified sexual activities; or

(3) Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas. (Ord. 1344 § 1 (part), 1997).

18.08.009 Adult family home.

“Adult family home” means a residential home of a person or persons who are providing personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services (RCW 70.128.010). (Ord. 1591 § 1.00, 2007: Ord. 1344 § 1 (part), 1997).

18.08.011 Adult hotel/motel.

“Adult hotel/motel” is a hotel, motel, or similar commercial establishment:

(1) Which offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and

(2) Which offers a sleeping room for rent for a rental fee period of time that is less than ten hours; or

(3) Which allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours. (Ord. 1344 § 1 (part), 1997).

18.08.013 Adult motion picture theater.

“Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction of specified sexual activities, or specified anatomical areas. (Ord. 1344 § 1 (part), 1997).

18.08.015 Adult panorama theater or arcade.

“Adult panorama theater or arcade” means a place to which the public is permitted or invited in which coin-operated, slug-operated, or electronically, electrically, mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image producing devices are maintained to show images to one person per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas. (Ord. 1344 § 1 (part), 1997).

18.08.016 Adult residential facility.

“Adult residential facility” means a full-time or temporary residential use providing supervised housing for a group of persons over eighteen years of age; and where required is licensed by the state to provide such services to adult persons; and provides supportive services. Supportive services include meal service, cleaning service, health services, counseling, vocational training, or similar. This facility may include facilities which persons are assigned to pursuant to a criminal conviction or those where residents, individually or by their legal guardian, are not free to terminate their residency at will. (Ord. 1930 § 1 (Exh. A), 2023).

18.08.017 Adult retail establishment.

“Adult retail establishment” means any premises in which ten percent of the “stock in trade” (as defined herein) consists of merchandise distinguished or characterized by the depiction of, description, simulation, or relation to “specified sexual activities” or “specified anatomical areas.” The term “merchandise,” as used above, includes but is not limited to the following: books, magazines, posters, cards, pictures, periodicals, or other printed matter; prerecorded video tapes, discs, film, or other such medium, instruments, devices, equipment, paraphernalia or other such products. (Ord. 1344 § 1 (part), 1997).

18.08.019 Adult theater.

“Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity or live performances that are characterized by the depiction of specified sexual activities, or specified anatomical areas. (Ord. 1344 § 1 (part), 1997).

18.08.021 Advertising devices.

“Advertising devices” means any board, fence, vehicle, structure or other object whose primary purpose is that of advertising. These include, but are not limited to, signs, billboards, lights, balloons, flags, and audible messages (except for signs identifying the occupant or premises in residential district). See also: Section 18.16.110, Signs. (Ord. 1344 § 1 (part), 1997).

18.08.023 Agriculture.

“Agriculture” means the tilling of the soil, the raising of crops, horticulture, gardening, keeping or raising of domestic farm animals for commercial purposes, and any agricultural industry or business such as dairies, nurseries, greenhouses, or similar uses. (Ord. 1344 § 1 (part), 1997).

18.08.025 Agriculture building.

“Agriculture building” means a structure designed and constructed to store farm implements or hay, grain, domestic farm animals, fruit, and other agricultural products. The structure shall not be used for human habitation. (Ord. 1344 § 1 (part), 1997).

18.08.027 Agricultural market.

“Agricultural market” means a use primarily engaged in the retail sale of fresh agricultural products, grown either on- or off-site, but may include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products and some limited nonfood items. This definition does include the sale of livestock (i.e., livestock market). (Ord. 1344 § 1 (part), 1997).

18.08.029 Agriculture-related industry.

“Agriculture-related industry” means specifically:

(1) “Packaging plants” may include but are not limited to the following activities: washing, sorting, milling, crating, canning, freezing and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Does not include processing activities, or slaughter houses, animal reduction yards, and tallow works.

(2) “Processing plants” may include but are not limited to those activities which involve the pasteurization, fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughter houses or rendering plants (footnote in use chart).

(3) “Storage facilities” may include those activities which involve the warehousing (dry, cold and/or wet) of processed and/or packaged agricultural products. (Ord. 1344 § 1 (part), 1997).

18.08.030 Airport.

“Airport” means the Omak Municipal Airport. (Ord. 1358 § 1(C), 1997).

18.08.031 Airport elevation.

“Airport elevation” means one thousand three hundred one feet above mean sea level. This elevation is used as the primary datum for measuring allowable height limitations for obstructions. (Ord. 1358 § 1(D), 1997).

18.08.032 Airport hazard.

“Airport hazard” means any structure, tree, mobile object or large animal, or congregation of birds moving through or located at the airport or its vicinity, or use of land that obstructs the air space required for the flight of aircraft landing or taking off, or is otherwise hazardous to such landing or taking off of aircraft. (Ord. 1358 § 1(E), 1997).

18.08.033 Airport manager.

“Airport manager” means that person empowered by the city of Omak to oversee the operations of the airport and to assure that such use is conducted in a manner that will protect public safety and promote the public interest. (Ord. 1358 § 1(F), 1997).

18.08.034 Airport zoning commission.

“Airport zoning commission” means the city of Omak zoning commission as described in RCW 14.12.020(2). (Ord. 1358 § 1(G), 1997).

18.08.035 Alley.

“Alley” means a narrow street, dedicated to public use as a secondary means of access, used primarily for vehicular access or utility installation to the rear or side of properties otherwise abutting on another street. (Ord. 1344 § 1 (part), 1997).

18.08.036 Amateur radio tower and antenna.

“Amateur radio tower and antenna” means an antenna and tower that transmits noncommercial communication signals and is licensed as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio towers are considered part of the structure for the purposes of meeting development standards. (Ord. 1667 § 1(A), 2010).

18.08.037 Amendment.

“Amendment” means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map. (Ord. 1344 § 1 (part), 1997).

18.08.039 Animal clinic/hospital.

“Animal (veterinary) clinic/hospital” means a facility used for veterinary care of sick or injured animals primarily within the confines of the principal structures. The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include kennels. (Ord. 1344 § 1 (part), 1997).

18.08.041 Animal/livestock commercial auctions.

“Animal/livestock commercial auctions” means public auctions for animals or livestock conducted as a commercial enterprise, including accessory uses such as barns and stables therefor. (Ord. 1344 § 1 (part), 1997).

18.08.043 Animal shelter.

“Animal shelter” means a building or structure (including external fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild. (Ord. 1344 § 1 (part), 1997).

18.08.044 Antenna.

“Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.

(1) “Omni-directional antenna” (also known as a “whip antenna”) means an antenna that transmits and receives radio frequency signals in a three-hundred-sixty-degree radial pattern. For the purpose of this chapter, an omni-directional antenna is up to fifteen feet in height and up to four inches in diameter.

(2) “Directional antenna” (also known as a “panel antenna”) means an antenna that transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees.

(3) “Parabolic antenna” (also known as a “dish antenna”) means a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern. (Ord. 1667 § 1(B), 2010).

18.08.045 Appeal.

“Appeal” means a request by application for review of a decision, determination, order or interpretation, by the administrator or city council of any provision of this title. (Ord. 1344 § 1 (part), 1997).

18.08.047 Applicant.

“Applicant” means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner. (Ord. 1344 § 1 (part), 1997).

18.08.049 Application, complete.

“Complete application” means the application form, together with all the accompanying documents and exhibits required by this title or the responsible official, and all appropriate fees having been reviewed and accepted as complete by the appropriate responsible official or his/her design (including SEPA checklist and fee therefor if required). (Ord. 1344 § 1 (part), 1997).

18.08.050 Approach surfaces.

“Approach surfaces” means surfaces longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface at a slope of 34:1 (thirty-four feet horizontally for each foot upward). The width of this surface is five hundred feet at the primary surface and three thousand five hundred feet at the outer edge. (Ord. 1358 § 1(H), 1997).

18.08.050.1 Assisted living facility.

“Assisted living facility” means a type of licensed boarding home operating in accordance with an assisted living services contract with the Department of Social and Health Services, offering a package of services including personal care and limited nursing. Such facilities may include housing for the resident in a private apartment-like unit. (Ord. 1667 § 1(C), 2010).

18.08.051 Attached.

“Attached” means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s), or other common construction, or in the case of multi-story buildings by common ceiling/floor(s). (Ord. 1344 § 1 (part), 1997).

18.08.053 Automobile.

“Automobile (car)” means land-based motor vehicles, including but not inclusive to cars, small trucks, and vans. (Ord. 1344 § 1 (part), 1997).

18.08.055 Automobile, trailer, or manufactured/mobile home sales.

“Automobile, trailer, or manufactured/mobile home sales” means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers and/or motor homes. (Ord. 1344 § 1 (part), 1997).

18.08.057 Automobile wrecking.

“Automobile wrecking” means the dismantling or wrecking of motor vehicles or trailers, or storage, sale, sorting, cleaning, crushing or baling or disposal of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. (Ord. 1344 § 1 (part), 1997).

18.08.058 Auto repair, minor.

“Minor auto repair” means those services, electrical and mechanical, necessary to maintain family-type vehicles (i.e., recreational vehicles, cars, pickups) in an operating condition. This shall not include work on farm equipment. (Ord. 1344 § 1 (part), 1997).

18.08.059 Basement.

“Basement” means that portion of a building located below the principal floor, often below ground level. (Ord. 1344 § 1 (part), 1997).

18.08.061 Bed and breakfast.

“Bed and breakfast” means an owner occupied single unit dwelling in which not more than four bedrooms for not more than ten guests total are rented for money or other valuable consideration to the traveling public. Only one meal, breakfast, may be served at a bed and breakfast. (Ord. 1344 § 1 (part), 1997).

18.08.063 Beverage industries.

“Beverage industries” means the production, processing, and/or packaging of soft drinks, beer, wine, fruit juices and other drinks. (Ord. 1344 § 1 (part), 1997).

18.08.065 Blacksmith or horseshoeing shop.

“Blacksmith or horseshoeing shop” means a shop or business offering the service of iron forging, horseshoe making, and the sale of the products of such service or skill. (Ord. 1344 § 1 (part), 1997).

18.08.067 Boarding home.

“Boarding home” (see also “congregate care”) means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, consistent with this chapter, to seven or more residents after July 1, 2000. However, a boarding home that is licensed for three to six residents prior to or on July 1, 2000, may maintain its boarding home license as long as it is continually licensed as a boarding home.

“Boarding home” does not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the Department of Housing and Urban Development.

“Boarding home” may also include persons associated with the boarding home to carry out its duties under this chapter. (Chapter 18.20 RCW; WAC 388-78A-020). (Ord. 1591 § 2.00, 2007: Ord. 1344 § 1 (part), 1997).

18.08.069 Board.

“Board” previously was a reference to the board of adjustment and now shall mean the land use hearing examiner or hearing examiner identified in Title 2 of this code. (Ord. 1562 § 4 (part), 2006: Ord. 1344 § 1 (part), 1997).

18.08.071 Boarding house, lodging house, or rooming house.

“Boarding house, lodging house, or rooming house” means a residential-type building, or portion thereof, other than a hotel or motel, where for compensation lodging, with or without meals, is provided for no more than ten persons on a permanent or semipermanent basis. Members of the owner-occupant or tenant-occupant family are excluded from the conditions above. (Ord. 1344 § 1 (part), 1997).

18.08.073 Book, stationery, office supplies.

“Book, stationery, office supplies” means a shop or business offering for retail sale, books, magazines, stationery, office and related paper or literary items or supplies. Uses that would otherwise meet the definition of “adult retail establishment” shall not be interpreted to be “book, stationery, office supplies.” (Ord. 1344 § 1 (part), 1997).

18.08.074 Broadcast facility.

“Broadcast facility” means an establishment engaged in transmitting oral and/or visual programs, and which consists of a studio, transmitter, and antennas. (Ord. 1667 § 1(D), 2010).

18.08.075 Buffer.

“Buffer” means a strip of land established to protect one type of land use from another with which it is incompatible. (Ord. 1344 § 1 (part), 1997).

18.08.077 Buildable lot.

“Buildable lot” means a lot upon which the city of Omak will issue a building permit in accordance with zoning and other applicable regulations. (Ord. 1344 § 1 (part), 1997).

18.08.079 Building.

“Building (structure)” means that which is built or constructed, to include but not limited to human or animal occupancy storage or use requiring assembly (excluding fences six feet and less in height) per the Uniform Building Code. (Ord. 1344 § 1 (part), 1997).

18.08.081 Building area.

“Building area” means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage regulations. (Ord. 1344 § 1 (part), 1997).

18.08.083 Building code.

“Building code” means the International Building Code and related codes as amended and adopted by the city of Omak. (Ord. 1667 § 2, 2010: Ord. 1344 § 1 (part), 1997).

18.08.085 Building coverage.

“Building coverage” means that portion of a lot covered by structures and impervious surfaces expressed as a percentage of the total lot area. (Ord. 1667 § 4, 2010: Ord. 1344 § 1 (part), 1997).

18.08.087 Building height.

“Building height” means the vertical distance measured from grade (Section 18.08.203) to the highest point of the building. (Ord. 1344 § 1 (part), 1997).

18.08.089 Building line.

“Building line” means the line established by the title to govern the placement of a building with respect to the front lot line through the setback requirements of a minimum front yard; a building line is ordinarily parallel to the front lot line at a distance in accordance with the setback requirement. For front lots contained in an official subdivision plat recorded before the effective date of this title, the building line may be taken as shown on the plat. (Ord. 1344 § 1 (part), 1997).

18.08.091 Building inspector.

“Building inspector” means that person or persons designated by the mayor and approved by the city council to enforce the provisions of the building code and related codes, and administer the assigned provisions of this title. For the purposes of this title, building inspector means building and enforcement official. (Ord. 1344 § 1 (part), 1997).

18.08.092 Building restriction zone (BRZ).

“Building restriction zone (BRZ)” means an area bounded by the outer lines of the runway protection zones (RPZs) and two lines running parallel to, and on the either side of, the runway centerline at a distance of seven hundred forty-five feet therefrom. (Ord. 1358 § 1(I), 1997).

18.08.093 Bus passenger terminals.

“Bus passenger terminals” means a building or structure where ticket sales and accessory uses such as snack bars or small restaurants are permitted (excluding maintenance or repair facilities). (Ord. 1344 § 1 (part), 1997).

18.08.095 Butcher shop.

“Butcher shop” means a custom retail meat curing operation. This definition does not include slaughtering but does include other accessory uses such as frozen food lockers when operated in conjunction with a retail meat cutting business. (Ord. 1344 § 1 (part), 1997).

18.08.097 Campground.

“Campground (RV park)” means a development providing overnight facilities for outdoor recreational activities, including structural improvements which may include covered cooking areas, group facilities, self-contained travel trailer/motor home sites, tent sites, recreation facilities, restroom and shower facilities, and laundry facilities for the convenience of temporary occupants. This definition includes camping clubs when developed in accordance with applicable state laws and this title. (Ord. 1344 § 1 (part), 1997).

18.08.099 Car wash.

“Car wash” means any structure requiring the installation of special equipment and plumbing, which is used or intended to be used primarily for the washing of motor vehicles. (Ord. 1344 § 1 (part), 1997).

18.08.101 Change of use.

“Change of use” means a change from one use listed in Chart 1.0, District Use Chart in Section 18.11.050 to another use listed or unlisted in that chart. (Ord. 1344 § 1 (part), 1997).

18.08.103 Child care home, family.

“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.

“Family home child care provider” means a person who provides direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children in their family home living quarters for periods of less than twenty-four hours (WAC 170-296-0020 and 388-296-0020). (Ord. 1591 § 3.00, 2007: Ord. 1344 § 1 (part), 1997).

18.08.105 Child day care center.

“Child day care center” means an agency which provides child day care outside the abode of the licensee or for thirteen or more children in the abode of the licensee. Such facilities are licensed by the department of social and health services under Chapter 74.15 RCW and Chapter 388-150 WAC (WAC 212-12-005). (Ord. 1591 § 4.00, 2007: Ord. 1344 § 1 (part), 1997).

18.08.107 Church.

“Church” means a structure, or group of structures, which by design and construction are primarily used for religious services and/or instruction. (Ord. 1344 § 1 (part), 1997).

18.08.109 City attorney.

“City attorney” is the attorney appointed by the mayor to serve as the city’s official legal counsel. (Ord. 1344 § 1 (part), 1997).

18.08.111 City council.

“City council” is the legislative authority of the city of Omak as defined in Chapter 35.23 RCW as it now exists or is hereafter amended. (Ord. 1344 § 1 (part), 1997).

18.08.113 Clinic, medical.

“Medical clinic” means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises. (Ord. 1344 § 1 (part), 1997).

18.08.114 Collective garden.

“Collective garden” means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical uses such as, for example, a location for a collective garden; equipment, supplies and labor necessary to plant, grow and harvest cannabis plants, seeds and cuttings; and equipment, supplies and labor necessary for proper construction, plumbing, wiring and ventilation of a garden of cannabis plants (RCW 69.51A.085(2)). (Ord. 1756 § 1 (part), 2013).

18.08.115 Commercial parking lots.

“Commercial parking lots” means a lot, yard or structure for the fee parking of automobiles by the public, operated as a commercial business and not by the city. (Ord. 1344 § 1 (part), 1997).

18.08.117 Commercial recreation.

“Commercial recreation” means land and/or buildings which are used for recreation activities by the general public which normally operates for monetary gain. (Ord. 1344 § 1 (part), 1997).

18.08.119 Commission.

“Commission” means the planning commission of the city of Omak as identified in Title 2 of this code. (Ord. 1344 § 1 (part), 1997).

18.08.125 Community center, meeting hall, fraternal lodge.

“Community center, meeting hall, fraternal lodge” means structures for civil, public and club meetings or gatherings, with or without accessory kitchens and dining facilities not operated as regular commercial enterprises. (Ord. 1344 § 1 (part), 1997).

18.08.127 Compatibility.

“Compatibility” means the congruent arrangement of land uses and/or project elements to avoid, mitigate, or minimize (to the greatest extent reasonable) conflicts. (Ord. 1344 § 1 (part), 1997).

18.08.129 Comprehensive plan.

“Comprehensive plan” means the current comprehensive plan of the city of Omak, adopted by the city council pursuant to state law. (Ord. 1344 § 1 (part), 1997).

18.08.131 Condition(s) of approval.

“Condition(s) of approval” means restrictions or requirements, imposed by a reviewing official or body pursuant to authority granted by this title. (Ord. 1344 § 1 (part), 1997).

18.08.133 Condominium.

“Condominium” means a multi-unit dwelling in which the individual dwelling units are owned by the occupant or renter. (Ord. 1344 § 1 (part), 1997).

18.08.135 Condominium, time share/fractional ownership.

“Time share condominium/fractional ownership” means a multi-unit dwelling in which the individual dwelling units are owned or intended to be owned by several or more owners, with each owner having right to said dwelling unit for a specific period(s) of time during each calendar year. (Ord. 1344 § 1 (part), 1997).

18.08.137 Congregate care or assisted living facility.

“Congregate care facility or assisted living facility” means a licensed boarding home or a licensed private establishment which has entered into a congregate care contract with the Department of Social and Health Services (WAC 365-120-030). (Ord. 1591 § 5.00, 2007: Ord. 1344 § 1 (part), 1997).

18.08.138 Conical surface.

“Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 (twenty feet outward for each foot upward) for a horizontal distance of four thousand feet. (Ord. 1358 § 1(J), 1997).

18.08.141 Convalescent or nursing home.

“Convalescent or nursing home” means an establishment providing nursing, dietary and other personal services to convalescents, invalids, developmentally disabled, or aged persons, but not cases with contagious or communicable diseases which are customarily treated in sanitariums and hospitals. (Ord. 1344 § 1 (part), 1997).

18.08.143 Cooperative.

“Cooperative” means an enterprise or organization owned by and operated for the benefit of those using its services. (Ord. 1344 § 1 (part), 1997).

18.08.145 County.

“County” means Okanogan County, Washington. (Ord. 1344 § 1 (part), 1997).

18.08.147 Cul-de-sac.

“Cul-de-sac” means a short street having one end open to traffic and being permanently terminated by a vehicle turn-around by either a circular or hammerhead form. Note: a temporary cul-de-sac may be similar in appearance but have a tract of land through which the roadway may eventually be extended. (Ord. 1344 § 1 (part), 1997).

18.08.149 Day.

“Day” means calendar day unless specified as a working day. (Ord. 1344 § 1 (part), 1997).

18.08.151 Day, working.

“Working day” means all normal business days and hours that the city hall of the city of Omak would normally be open for business excluding recognized holidays. (Ord. 1344 § 1 (part), 1997).

18.08.153 Dedication.

“Dedication” means to convey ownership of property, or a specific property right, via a written instrument, to a public agency/entity for a specific use or purpose, e.g., roads, parks or trails; or to set aside, designate or reserve an area for a specific use or purpose. (Ord. 1344 § 1 (part), 1997).

18.08.155 Delicatessen specialty food stores.

“Delicatessen specialty food stores” means retail food stores selling ready to eat food products such as cooked meats, prepared salads or other specialty food items which may be prepared on the premises. This definition includes seafood, health food and other specialty food items. (Ord. 1344 § 1 (part), 1997).

18.08.157 Density.

“Density” means the permissible number of dwelling units per acre. (Ord. 1344 § 1 (part), 1997).

18.08.159 Development standards.

“Development standards” mean those design standards outlined in this title, the Omak subdivision ordinance, the Omak shoreline master program and any other ordinances contained in the Omak Municipal Code. (Ord. 1344 § 1 (part), 1997).

18.08.161 Development permit.

“Development permit” means written authorization for development or modification of development as defined in this title. (Ord. 1344 § 1 (part), 1997).

18.08.163 Division of land.

“Division of land” means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner’s parent parcel. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s land shall not constitute a division of land. (Ord. 1344 § 1 (part), 1997).

18.08.165 Domestic farm animal.

“Domestic farm animal” means animals domesticated by humans to live in a tame condition or fenced yard. This definition includes, but is not limited to, dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine. (Ord. 1344 § 1 (part), 1997).

18.08.167 Driveway.

“Driveway” means the legal method of ingress and egress (access) to a lot, parcel or tract of land for vehicular traffic. For the purpose of this title, this definition also includes the required traveled way to or through a parking lot or facility and that area located between one or two rows of designated parking stalls. (Ord. 1344 § 1 (part), 1997).

18.08.169 Drugstore.

“Drugstore” means a structure where the primary business is the filling of medical prescriptions and the retail sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well. (Ord. 1344 § 1 (part), 1997).

18.08.171 Dwelling, multi-unit.

“Multi-unit dwelling” means a building containing three or more independent dwelling units. (Ord. 1344 § 1 (part), 1997).

18.08.173 Dwelling, single-unit.

“Single-unit dwelling” means a detached building containing one dwelling unit. Single-unit dwellings are further classified by their nature of construction as follows:

(1) Site built: a dwelling primarily constructed on the site to be occupied by the structure and which is permanently affixed to the ground by footings and foundation;

(2) Modular home: see “modular home”;

(3) Manufactured home: see “manufactured home.” (Ord. 1344 § 1 (part), 1997).

18.08.175 Dwelling, two-unit.

“Two-unit dwelling” (also duplex) means two independent dwelling units connected by a common vertical wall or, in the case of multi-story building, by common ceiling and floor; all in a single structure. (Ord. 1344 § 1 (part), 1997).

18.08.177 Dwelling unit.

“Dwelling unit” means an independent living unit within a dwelling structure designed and intended for occupancy by not more than one family and having its own housekeeping and kitchen facilities; hotel, motel, room and boarding units which are used primarily for transient tenancy shall not be considered as dwelling units. (Ord. 1344 § 1 (part), 1997).

18.08.178 Dwelling unit, accessory.

“Dwelling unit, accessory” means a small separate living unit accompanying the residence or business, or dwelling permitted on a lot of minimum size or larger for the purpose of housing guests, friends, and relatives and having its own living area, kitchen and toilet and bathing facilities. The total floor area of such a unit shall not exceed fifty percent of the total area of the main residence or dwelling and shall be in the second story or above in a commercial structure. Neither the primary residence nor accessory use shall be a recreational vehicle. (Ord. 1877 § 1(1), 2019).

18.08.179 Earthen material.

“Earthen material” means sand, gravel, rock, aggregate and/or soil. (Ord. 1344 § 1 (part), 1997).

18.08.181 Easement.

“Easement” means a grant by a property owner to specific persons, entity, corporation or to the public to use a designated portion of land for a specific purpose or purposes. Easements are only partial grants of authority over the subject property, the exact relationship of the easement right to the landowner’s right is normally explained by the terms of the easement. (Ord. 1344 § 1 (part), 1997).

18.08.183 Environmental review.

“Environmental review” means the procedures and requirements established by the State Environmental Policy Act Chapter 43.21C and the city of Omak SEPA Ordinance No. 942 as it now exists or is hereafter amended. (Ord. 1344 § 1 (part), 1997).

18.08.184 Essential public facilities.

“Essential public facilities” means and includes those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities, including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. (Ord. 1877 § 1(2), 2019).

18.08.185 Family day care home.

“Family child care home” means a licensed facility to provide direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children, in the home of the licensee where the licensee resides and is the primary provider, within a birth through eleven years of age range exclusively, for periods less than twenty-four hours, as defined in WAC 388-155-010 and 388-296-0200 as existing or hereafter amended. (Ord. 1591 § 6.00, 2007: Ord. 1344 § 1 (part), 1997).

18.08.187 Fast food restaurant, drive-in.

“Drive-in fast food restaurant” means an establishment providing food service where items are ordered and picked up at a drive in window or a central service area. (Ord. 1344 § 1 (part), 1997).

18.08.189 Family.

“Family” means an individual or two or more persons related by blood, marriage, registered domestic partnership, adoption or legal guardianship, living together in a dwelling unit; or a group of not more than five unrelated persons living together in a dwelling unit. Persons with functional disabilities, as defined in this title, shall be considered the same as related individuals. (Ord. 1877 § 3, 2019).

18.08.190 Federal Aviation Administration (FAA).

“Federal Aviation Administration (FAA)” means the U.S. Department of Transportation, Federal Aviation Administration. (Ord. 1358 § 1(K), 1997).

18.08.190.1 Fence, sight-obscuring.

“Fence, sight-obscuring” means a fence constructed of solid wood, metal, concrete or other appropriate material that entirely conceals the subject use from adjoining uses. (Ord. 1667 § 1(E), 2010).

18.08.191 Fencing or fence.

“Fencing” or “fence” is an arrangement of wood, metal, wire, mesh, other materials, landscaping, or hedge running around, along, or by the side of any open area to prevent or restrict passage in and out or to create a visual buffer. Fencing shall comply with the height restrictions for front and side yards in Section 18.16.027. (Ord. 1344 § 1 (part), 1997).

18.08.193 Finding.

“Finding” is a conclusion of fact reached by the reviewing official, commission or council in a review process and based on the evidence available therein. (Ord. 1344 § 1 (part), 1997).

18.08.195 Floodplain.

“Floodplain” is synonymous with one hundred-year floodplain and means that land area susceptible to being inundated by stream derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon the city’s flood ordinance regulation maps. (Ord. 1344 § 1 (part), 1997).

18.08.197 Floor area.

“Floor area” is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and openings in the floor. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Ord. 1344 § 1 (part), 1997).

18.08.199 Glare.

“Glare” is direct or reflected harsh, bright light. (Ord. 1344 § 1 (part), 1997).

18.08.201 Golf course.

“Golf course” means a parcel or tract of land that is improved for the purpose of playing golf, e.g., greens, tees or fairways, shelters, clubhouse and maintenance buildings. (Ord. 1344 § 1 (part), 1997).

18.08.203 Grade.

“Grade” (adjacent ground elevation) is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building (per International Building Code). (Ord. 1667 § 3, 2010: Ord. 1344 § 1 (part), 1997).

18.08.205 Gross area.

“Gross area” means the total area of a parcel or building. (Ord. 1344 § 1 (part), 1997).

18.08.207 Gross floor area.

“Gross floor area” means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure. (Ord. 1344 § 1 (part), 1997).

18.08.209 Groundwater.

“Groundwater” means the water beneath the earth’s surface between saturated soil and rock that supplies wells and springs. (Ord. 1344 § 1 (part), 1997).

18.08.211 Group home.

“Group home” means a place for dependent or pre-delinquent children which provides special care in a homelike environment. This definition does not include homes of this nature for three or fewer persons (excluding house parents and/or supervisors). (Ord. 1344 § 1 (part), 1997).

18.08.213 Greenway.

“Greenway” means a linear open space established along either a natural corridor, such as a riverfront, stream valley, or ridgeline, overland along a railroad right-of-way shared or converted to recreational use, a canal, a scenic road, the edge of urban areas, or other route. (Ord. 1344 § 1 (part), 1997).

18.08.215 Habitat.

“Habitat” means the sum of all environmental factors of a specific place necessary for the support or sustenance, on a permanent or temporary basis, of an organism, species, population or community. (Ord. 1344 § 1 (part), 1997).

18.08.217 Halfway house.

“Halfway house” means a home for juvenile delinquents and adult offenders leaving correctional and/or mental institutions; or leaving a rehabilitation center for alcohol and/or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented but who do not need institutional care. (Ord. 1344 § 1 (part), 1997).

18.08.219 Hazardous substance.

“Hazardous household substances” means those substances identified by the department as hazardous household substances in the guidelines developed under RCW 70.105.220.

“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter (RCW 70.105.010). (Ord. 1591 § 7.00, 2007: Ord. 1344 § 1 (part), 1997).

18.08.221 Hazardous waste.

“Hazardous waste” means and includes all dangerous materials, liquids, solids, or gases that are dangerous to human health and the environment, including substances composed of both radioactive and hazardous components. (Ord. 1344 § 1 (part), 1997).

18.08.223 Hazardous waste, generator.

“Hazardous waste, generator” means any person, by site, whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulation under the Dangerous Waste Regulation, Chapter 173-303 WAC (WAC 173-303-040). (Ord. 1344 § 1 (part), 1997).

18.08.225 Hazardous waste, processing or handling.

“Hazardous waste, processing or handling” means the use, storage, manufacture, production, or other land use activity involving hazardous substances, excluding individually packaged household consumer products or small quantities of hazardous substances less than five gallons of volume per container. (Ord. 1344 § 1 (part), 1997).

18.08.227 Hazardous waste, storage of.

“Storage of hazardous waste” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by a generator (see definition) on the site of generation is not storage providing the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. (Ord. 1344 § 1 (part), 1997).

18.08.229 Hazardous waste, treatment of.

“Treatment of hazardous waste” means the physical, chemical or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amendable for storage, or reduced in volume. (Ord. 1344 § 1 (part), 1997).

18.08.231 Hazardous waste, treatment and storage facility.

“Hazardous waste, treatment and storage facility” means a facility that requires an interim or final status permit from the State Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC. Treatment and storage facilities include hazardous waste handling through such means as containers (barrels, drums), above and underground tanks, and waste piles and surface impoundments that will be cleaned up and not closed as landfills. Hazardous waste generators that do not accumulate their wastes on-site are not treatment and storage facilities, nor are hazardous waste incinerators and land disposal facilities which are state preempted facilities (RCW 70.105.240). There are two types of such facilities:

(1) Off-site facilities that treat and store waste from generators on properties other than those on which the facilities are located; and

(2) On-site facilities that treat and store wastes which are generated on the same geographically contiguous, or bordering property. (Ord. 1344 § 1 (part), 1997).

18.08.232 Height.

“Height” for the purposes of determining height limits in all zones set forth in Chapter 18.38 of this title, the datum shall be mean sea level (MSL) elevation unless otherwise specified. (Ord. 1358 § 1(L), 1997).

18.08.233 Helipad.

“Helipad” means a designated touchdown spot for short-term occasional use by helicopters. (Ord. 1344 § 1 (part), 1997).

18.08.235 Heliport.

“Heliport” means all helicopter landing sites except for helipads, and a site for one, privately owned, noncommercial helicopter. The heliport may include maintenance, refueling, repairs or storage facilities. (Ord. 1344 § 1 (part), 1997).

18.08.237 Historic preservation.

“Historic preservation” means the protection, rehabilitation, and restorations of districts, sites, buildings, structures and artifacts of local, regional, state or national significance in history, architecture, archaeology, or culture. (Ord. 1344 § 1 (part), 1997).

18.08.239 Home business or home occupation.

“Home business” or “home occupation” means the accessory use of a dwelling unit or appurtenant structure by a residing homeowner/operator for gainful employment. Uses allowed include the manufacture and provision of goods and/or services. Home businesses and home occupations must meet the standards and restrictions in Section 18.16.030. (Ord. 1344 § 1 (part), 1997).

18.08.241 Homeowners association.

“Homeowners association” means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities. (Ord. 1344 § 1 (part), 1997).

18.08.242 Horizontal surface.

“Horizontal surface” means an oval-shaped horizontal plane suspended at one thousand four hundred fifty-one feet MSL (one hundred fifty feet above the airport elevation of one thousand three hundred one feet MSL), the perimeter of which is established by swinging arcs of ten thousand feet from the center of each end of the primary surface and connecting the adjacent arcs by drawing lines tangent to those arcs. (Ord. 1358 § 1(M), 1997).

18.08.243 Hospital.

“Hospital” means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of mental and nervous disorders. (Ord. 1344 § 1 (part), 1997).

18.08.245 Hotel.

“Hotel” means a building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the room. (Ord. 1344 § 1 (part), 1997).

18.08.247 Housing for people with functional disabilities.

“Housing for people with functional disabilities” means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities, and housing for any supported living arrangement, as herein defined. (Ord. 1344 § 1 (part), 1997).

18.08.249 Hydrology.

“Hydrology” means the science dealing with the properties, distribution and circulation of water and snow. (Ord. 1344 § 1 (part), 1997).

18.08.251 Impervious surface.

“Impervious surface” means any surface or surface applied material which reduces or prevents absorption of storm water into the ground. Impervious surfaces may include roofed structures, asphalt, and concrete. (Ord. 1344 § 1 (part), 1997).

18.08.253 Junkyard.

“Junkyard” means any lot, parcel, tract of land, building, structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal, vehicular parts, glass, used building materials, household appliances, or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor or recreational vehicles or any other type of junk. This definition shall not include recycling drop off stations. (Ord. 1344 § 1 (part), 1997).

18.08.255 Kennel.

“Kennel” means any premises or building in which four or more dogs, more than one year old, are housed, kept, groomed, bred, boarded, trained, or sold. (Ord. 1344 § 1 (part), 1997).

18.08.257 Land.

“Land” means a legally created lot, tract, parcel, site or division which is shown on an officially recorded plat or short plat, or is specifically described as a separate unit of property on a deed executed prior to (date of the adoption of this ordinance), or constitutes a prior division of land as defined in Section 17.08.125. (Ord. 1344 § 1 (part), 1997).

18.08.259 Land use.

“Land use” means the method or manner in which land and structures are occupied or utilized. (Ord. 1344 § 1 (part), 1997).

18.08.260 Land use hearing examiner or hearing examiner.

“Land use hearing examiner” or “hearing examiner” means the hearing examiner identified and appointed in Title 2 of this code to perform the duties previously performed by the board of adjustment, which board is referred to in this code as “board of adjustment” or “board.” (Ord. 1562 § 12 (part), 2006).

18.08.261 Landmark.

“Landmark” means any site, building, structure, or natural feature that has visual, historic or cultural significance; or a permanent marker designating property boundaries. (Ord. 1344 § 1 (part), 1997).

18.08.263 Landscaping.

“Landscaping” means an area developed and maintained with plantings, lawn, ground cover, gardens, trees, shrubs, other plant materials, decorative outdoor elements, pools, fountains, water features, paved or decorated masonry surfaces (excluding parking, loading, or storage areas), driveways only when decorated and used regularly as an outdoor living space, and sculptural elements. (Ord. 1344 § 1 (part), 1997).

18.08.265 Legislative body.

“Legislative body” means the city council of the city of Omak, Washington. (Ord. 1344 § 1 (part), 1997).

18.08.267 Loading space, off-street.

“Off-street loading space” means space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress.

(Ord. 1344 § 1 (part), 1997).

18.08.269 Lot.

“Lot” means a division of land having defined boundaries and shown on a final plat or short plat officially recorded in the Okanogan County auditor’s office; or, which is a legally recognized prior division or parcel under the provisions of the city of Omak’s subdivision ordinance or short plat ordinance. (Ord. 1344 § 1 (part), 1997).

18.08.271 Lot area.

“Lot area” means the total horizontal area (in square footage) within the boundary lines of a lot.

(Ord. 1344 § 1 (part), 1997).

18.08.273 Lot, corner.

“Corner lot” means a lot abutting on two intersecting streets other than an alley or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees. (Ord. 1344 § 1 (part), 1997).

18.08.277 Lot depth.

“Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line. (Ord. 1344 § 1 (part), 1997).

18.08.279 Lot line.

“Lot line” means the property line bounding a lot. (Ord. 1344 § 1 (part), 1997).

18.08.281 Lot line, front.

“Front lot line” means, in the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, the lot line separating the lot from the street other than an alley on that side of the lot providing primary access to the lot.

Triangular Lot Example

(Ord. 1344 § 1 (part), 1997).

18.08.283 Lot line, rear.

“Rear lot line” means the property line which is opposite and most distant from the front line. In the case of trapezoidal or nonrectangular lots, the rear lot line is that line with the greatest portion furthest from the front lot line. Should this line be less than ten linear feet or should the lot be triangular or pentagonal, then a new rear lot line measuring exactly ten linear feet between adjacent lot lines shall be located perpendicular to an imaginary line drawn from the midpoint of the front lot line to a point on the lot lines furthest from the point of beginning of the imaginary line.

Irregular Lot Example

(Ord. 1344 § 1 (part), 1997).

18.08.285 Lot line, side.

“Side lot line” means any lot line other than a front or rear lot line. (Ord. 1344 § 1 (part), 1997).

18.08.287 Lot, through.

“Through lot” means an interior lot having frontage on two streets. (Ord. 1344 § 1 (part), 1997).

18.08.289 Lot of record.

“Lot of record” means land designated as a separate and distinct parcel in a legally recorded subdivision plat, or in a legally recorded deed filed in the records of the county. (Ord. 1344 § 1 (part), 1997).

18.08.291 Lot width.

“Lot width” means the horizontal distance between the side lot lines at the building line. (Ord. 1344 § 1 (part), 1997).

18.08.293 Manufactured home.

“Manufactured home” means a dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes. All manufactured homes shall bear the appropriate insignia by a state or federal regulatory agency indicating compliance with all applicable construction standards of the U.S. Department of Housing and Urban Development for manufactured homes as adopted by the Washington State Department of Labor and Industries or the Uniform Building Code as adopted by the city of Omak. (Ord. 1344 § 1 (part), 1997).

18.08.295 Map, contour.

“Contour map” means a map that graphically illustrates variations in land elevations. (Ord. 1344 § 1 (part), 1997).

18.08.295.1 Medical marijuana dispensary.

“Medical marijuana dispensary” means any person, entity, site, location, facility, business, cooperative, collective, whether for profit or not-for-profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes. (Ord. 1756 § 1 (part), 2013).

18.08.296 Microbrewery.

“Microbrewery” means a combination retail, wholesale and manufacturing business that brews and serves beer, wine or other distilled spirits and/or food on the premises. Microbreweries shall have a production capacity not to exceed fifteen thousand U.S. barrels per year. (Ord. 1667 § 1(G), 2010).

18.08.297 Mini-mart.

“Mini-mart” means a use which combines retail food sales with fast foods or take out food service—may or may not include retail motor fuel sales. (Ord. 1344 § 1 (part), 1997).

18.08.299 Mini-storage.

“Mini-storage” means a building(s) or site used for temporary indoor or outdoor storage (excludes the storage of hazardous materials and hazardous waste). (Ord. 1344 § 1 (part), 1997).

18.08.301 Mining.

“Mining” means the act of extraction from the earth of minerals and/or ores (including sand and gravel) via open pit, shaft, leaching or hydraulic methods. (Ord. 1344 § 1 (part), 1997).

18.08.303 Mixed use development.

“Mixed use development” means the use of land or a structure for two or more different uses. (Ord. 1667 § 1(I), 2010: Ord. 1344 § 1 (part), 1997).

18.08.305 Mobile home.

“Mobile home” means a transportable dwelling unit manufactured after January 1, 1968 and before June 15, 1976, and bearing an insignia of the Washington State Department of Labor and Industries. All mobile homes without such insignia are nonconforming structures. Mobile homes are generally not permitted within the city of Omak (18.11.030(B)). (Ord. 1344 § 1 (part), 1997).

18.08.307 Mobile home park.

“Mobile home park” means any plot of ground upon which two or more mobile or designated manufactured or manufactured homes are lawfully occupied as dwellings, regardless of whether a charge is made for such accommodation. (Ord. 1344 § 1 (part), 1997).

18.08.309 Mobile home park expansion.

“Mobile home park expansion” means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets). (Ord. 1344 § 1 (part), 1997).

18.08.310 Mobile vendor.

“Mobile vendor” means peddlers, transient business operators, casual or isolated sale, or hawkers as defined in Section 4.24.020, as it now exists or is hereinafter amended. (Ord. 1667 § 1(J), 2010).

18.08.311 Modification.

“Modification (of use or development)” means any change or alteration in the occupancy, arrangement, placement or construction of any existing use, structure or associated site improvement, and any change or alteration of land. (Ord. 1344 § 1 (part), 1997).

18.08.313 Modular/factory built home.

“Modular/factory built home” means a structure constructed in a factory in accordance with the adopted building code and bearing the appropriate insignia indicating such compliance. This definition includes prefabricated, panelized, and factory-built units. (Ord. 1877 § 4, 2019).

18.08.315 Motel.

“Motel” means a building or group of buildings on one parcel or tract of land containing guest units with separate entrances and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities, for rental to transients. (Ord. 1344 § 1 (part), 1997).

18.08.316 Multifamily use or multifamily dwelling.

“Multifamily use” or “multifamily dwelling” means two or more single-family dwellings located on a single lot; or one or more duplexes, triplexes or multifamily dwellings located on a single lot; or any combination of two or more of the above located on a single lot. (Ord. 1877 § 1(3), 2019).

18.08.317 Multiple occupancy building.

“Multiple occupancy building” means a single structure housing more than one retail business, office, residential or commercial venture. (Ord. 1344 § 1 (part), 1997).

18.08.319 Museum, art galleries.

“Museums, art galleries” means buildings for the display, exhibits, sale and/or public viewing of art work, artifacts, natural or human history or similar exhibition. (Ord. 1344 § 1 (part), 1997).

18.08.321 Museums, nonprofit historical.

“Nonprofit historical museums” means buildings and/or exterior display for public viewing of natural or human historical artifacts, or exhibitions, operated by a licensed, registered not-for-profit organization. (Ord. 1344 § 1 (part), 1997).

18.08.321.1 Nanobrewery.

“Nanobrewery” means a manufacturing business that brews beer in batches of three barrels or less on premises and sells canned, bottled or kegged beer off the premises. (Ord. 1932 § 1 (Exh. A), 2024).

18.08.322 Neighborhood.

“Neighborhood” means an area which is recognized as a distinct entity by virtue of certain factors, such as: definite boundaries, natural or manmade; history; architecture; facilities which attract people within a certain radius; or a shared sense of identity or social cohesion. (Ord. 1667 § 1(M), 2010).

18.08.322.1 Nightly rental.

“Nightly rental” means tourist accommodation in single-family dwellings, accessory dwellings, recreational homes or cabins, or part-time residential homes on less than a monthly basis. (Ord. 1877 § 1(4), 2019).

18.08.323 Nonconforming lot.

“Nonconforming lot” means a lot, the area and dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located. (Ord. 1344 § 1 (part), 1997).

18.08.325 Nonconforming structure.

“Nonconforming structure” means a structure or building or portion thereof which was lawfully erected or altered and maintained, but because of the application of this title no longer conforms to the density provision or other regulations of the zone classification in which it is located. (Ord. 1344 § 1 (part), 1997).

18.08.327 Nonconforming use.

“Nonconforming use” means an activity in a building or on a tract of land that was lawfully established, but because of the application of this title no longer conforms to the regulations pertaining to uses and activities of the use district in which it is located. (Ord. 1344 § 1 (part), 1997).

18.08.328 Notification surface.

“Notification surface” means a surface extending outward and upward from the runway edges at a slope of 100:1 (one hundred feet horizontally for each foot vertically) for a horizontal distance of twenty thousand feet in all directions. (Ord. 1358 § 1(N), 1997).

18.08.329 Nuisance.

“Nuisance” means any use, activity or structure that interferes with the enjoyment and use of one’s property by endangering personal health or safety, offending the human senses and/or failing to conform with the provisions, intent, or standards of the district in which the use, activity or structure occurs. (Ord. 1344 § 1 (part), 1997).

18.08.331 Nursery.

“Nursery” means facilities used for the propagation and sale of agricultural or ornamental plants and related products. (Ord. 1344 § 1 (part), 1997).

18.08.331.1 Nursing home.

“Nursing home” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give, only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter; provided, that any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570. (Ord. 1667 § 1(N), 2010).

18.08.332 Obscene or obscenity.

“Obscene” or “obscenity” means any matter:

(1) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the purient interest; or

(2) Which explicitly depicts or describes patently offensive representations or descriptions of:

(A) Ultimate acts, normal or perverted, actual or simulated; or

(B) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital areas; or

(C) Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape, or torture; or

(D) Has a dominant theme which appeals to the purient interests of minors in sex; which is patently offensive because it affronts contemporary community standards relating to the descriptions or representation of sexual matters or sadomashichistic abuse; and,

(3) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value. (Ord. 1344 § 1 (part), 1997).

18.08.333 Occupancy.

“Occupancy” means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For the purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use. (Ord. 1344 § 1 (part), 1997).

18.08.334 Object free zone (OFZ).

“Object free zone (OFZ)” means a rectangular shaped area of property centered on the extended runway centerline. The inner portion of this area begins at the edge of the runway and extends for two hundred feet outward having a width of five hundred feet; the area between the runway and the edge of the primary surface. One such area is located on each end of the runway. (Ord. 1358 § 1(O), 1997).

18.08.335 Offices.

“Offices” means a facility where the primary activity is of a business nature or professional service nature (doctor, lawyer, real estate and financial offices and uses providing health education and social services, etc.). The primary activity cannot be retail in nature, where products are stocked and sold on the premises. (Ord. 1344 § 1 (part), 1997).

18.08.336 Obstruction.

“Obstruction” means any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in Chapter 18.38 of this title. (Ord. 1358 § 1(P), 1997).

18.08.337 Off-site.

“Off-site” means the provision of storage, parking or related services on properties other than those on which the primary use facilities are located. (Ord. 1344 § 1 (part), 1997).

18.08.339 Off-street parking.

“Off-street parking” means parking space(s) provided beyond the right-of-way of a highway, street or alley. (Ord. 1344 § 1 (part), 1997).

18.08.341 On-site.

“On-site” means the provision of storage, parking or related services on the properties on which the primary use facilities are located. (Ord. 1344 § 1 (part), 1997).

18.08.343 Open space.

“Open space” means any parcel, tract of land or water feature that is:

(1) Essentially unimproved or improved with low intensity agriculture or landscaping and which has been set aside, dedicated, designated or reserved for the recreational use or enjoyment of the public; or,

(2) Within or related to a development, either individually owned or not individually owned (in undivided interest), which is designed and intended for the common use or enjoyment of the residents of the development. Trail systems and organized recreational activities may be included as part of the open space for lot area calculations. (Ord. 1344 § 1 (part), 1997).

18.08.345 Outdoor mobile vendor.

“Outdoor mobile vendor” means nonpermitted structures, vehicles, or trailers, located on private property, conducting retail sales or offering goods and/or services to the public for a fee or donation, and operated as a temporary use (limited to one hundred eighty days). (Ord. 1877 § 1(5), 2019).

18.08.347 Overnight rentals/single-unit tourist accommodations.

“Overnight rentals/single unit tourist accommodations” means the rental or use of a single-unit home or other dwelling unit, including time share condominiums and dwelling units in a duplex or multi-unit building, for transient or tourist use on a nightly, weekly or other basis less than month-to-month rentals. This does not include approved tourist accommodations such as hotels, inns, etc. (Ord. 1344 § 1 (part), 1997).

18.08.349 Pad.

“Pad” means a paved, graveled or improved space in a mobile home or recreational vehicle (RV) park for the purpose of installing a mobile home or parking a recreational vehicle and such an area usually contains utility connections. (Ord. 1344 § 1 (part), 1997).

18.08.351 Parent parcel.

“Parent parcel” means those lots, parcels or tracts of land that existed at the time of adoption of the ordinance codified in this title with separate deeds and/or all lawfully established lots, parcels or tracts since that time. It is from said “parent parcel” that all subsequent lots, parcels or tracts are created. (Ord. 1344 § 1 (part), 1997).

18.08.353 Park.

“Park” means a public or privately owned area with facilities or areas for outdoor recreation by the public. (Ord. 1344 § 1 (part), 1997).

18.08.355 Parking angle.

“Parking angle” means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees. (Ord. 1344 § 1 (part), 1997).

18.08.357 Parking bay.

“Parking bay” means the section of a parking facility containing a driveway and containing one or two rows of parking stalls. (Ord. 1344 § 1 (part), 1997).

18.08.359 Parking facility.

“Parking facility” means a land area or structure that is devoted exclusively to the temporary parking or storage of motor vehicles for which a fee may or may not be charged, and where no service or repairs of any kind are furnished. (Ord. 1344 § 1 (part), 1997).

18.08.361 Parking space or parking stall.

“Parking space or parking stall” means an off-street area that is developed maintained and used for the temporary storage of one motor vehicle.

(Ord. 1344 § 1 (part), 1997).

18.08.363 Park trailer.

“Park (travel) trailer” means a vehicular unit manufactured in accordance with state requirements for park trailers, and bearing the appropriate insignia of the Washington State Department of Labor and Industries. (Ord. 1344 § 1 (part), 1997).

18.08.365 Party of record.

“Party of record” means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action. (Ord. 1344 § 1 (part), 1997).

18.08.367 Path or trail.

“Path or trail” means a cleared way for pedestrian, bicycle and/or pedestrian transportation and which may or may not be paved. (Ord. 1344 § 1 (part), 1997).

18.08.369 People with functional disabilities.

“People with functional disabilities” means:

(1) 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 or instrumental activities of daily living; or

(B) Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or

(C) Having a physical or mental impairment which substantially limits one or more of such person’s major life activities;

(D) Having a record of having such an impairment, or

(2) A person being regarded as having such impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. (Ord. 1344 § 1 (part), 1997).

18.08.371 Permit.

“Permit” means written government approval issued by an authorized official or body empowering the holder thereof to take some action permitted only upon issuance of written approval. (Ord. 1344 § 1 (part), 1997).

18.08.372 Picobrewery.

“Picobrewery” means a manufacturing business that brews beer on premises and sells canned, bottled or kegged beer off the premises. Picobreweries shall have a production capacity less than one hundred U.S. barrels per year. (Ord. 1932 § 1 (Exh. A), 2024).

18.08.373 Planned development.

“Planned development” means development for which a permit has been issued as specified by this title and which is developed according to a single site plan and/or plat and written program that may contain one or more clusters of structures with appurtenant common areas. (Ord. 1344 § 1 (part), 1997).

18.08.375 Planning commission.

“Planning commission” means the duly constituted and appointed city of Omak planning commission. (Ord. 1344 § 1 (part), 1997).

18.08.377 Plat or regular plat.

“Plat or regular 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.

(Ord. 1344 § 1 (part), 1997).

18.08.378 Primary surface.

“Primary surface” means a surface longitudinally centered on the runway having a width of five hundred feet and a length of five thousand four hundred feet. (Ord. 1358 § 1(Q), 1997).

18.08.379 Preliminary approval.

“Preliminary approval” means the conferral of certain rights, prior to final approval, after specific elements of a written program and site plan have been reviewed by the Omak planning commission and approved by the city council and agreed to by the applicant. (Ord. 1344 § 1 (part), 1997).

18.08.381 Preschool.

“Preschool” means a school for children between the ages of one through six, or any portion thereof, and offering schooling not beyond the grade of kindergarten. Preschool facilities include kindergartens, nursery schools, and similar child care facilities. Kindergartens in an elementary school shall be considered as part of that academic school. (Ord. 1344 § 1 (part), 1997).

18.08.383 Property owners.

“Property owner(s)” means legal owner or owners of the property. (Ord. 1344 § 1 (part), 1997).

18.08.385 Public hearing or open record public hearing.

“Public hearing” or “open record public hearing” means a public hearing conducted by a single hearing body or officer, including, but not limited to, the planning commission, hearing examiner, or city council, authorized by the city council to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information under procedures prescribed in Section 18.52.060 of this title. (Ord. 1562 § 4 (part), 2006: Ord. 1344 § 1 (part), 1997).

18.08.387 Public utility installation.

“Public utility installation” means equipment installations for utility and service purveyors including, but not limited to, telephone exchanges, electrical substations, water reservoirs, pump stations, and similar facilities of service providers. (Ord. 1344 § 1 (part), 1997).

18.08.389 Public works director.

“Public works director” means the official appointed by the mayor to serve as the director of the city’s public works department. (Ord. 1344 § 1 (part), 1997).

18.08.395 Qualifying patient.

“Qualifying patient” means a person who meets the definition found in RCW 69.51A.010(4), as it now exists or is hereinafter amended. (Ord. 1756 § 1 (part), 2013).

18.08.401 Recreational vehicle (RV).

“Recreational vehicle (RV)” means a vehicular type unit primarily designed for recreational camping, travel, or seasonal use which has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi-use vehicles. Recreational vehicle also includes boats, snowmobiles and other recreational equipment on or carried by a trailer. (Ord. 1344 § 1 (part), 1997).

18.08.402 Recreational vehicle park.

“Recreational vehicle park” means a tract of land under single ownership or control upon which two or more recreational vehicle sites with hookups (minimum water, sewer and power) are located, established or maintained for occupancy by the general public as temporary living quarters. This definition includes camping clubs when developed in accordance with applicable state laws. (Ord. 1877 § 1(6), 2019).

18.08.403 Recreational vehicle site.

“Recreational vehicle site” means a plot of ground within a recreational vehicle park available for accommodation of a recreational vehicle for thirty consecutive days or fewer unless an extension of this time period is granted in accordance with Section 18.16.118. (Ord. 1877 § 1(7), 2019).

18.08.404 Recycling center.

“Recycling center” means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing (excluding drop stations). (Ord. 1877 § 1(8), 2019; Ord. 1344 § 1 (part), 1997. Formerly 18.08.403).

18.08.405 Recycling drop station.

“Recycling drop station” means a facility or area for consumer deposit of small recyclable household items (glass, paper, aluminum, etc.) in enclosed containers which are collected and emptied on a regular basis (not less than weekly), without processing, crushing or other handling, and which does not create a nuisance due to odor, noise, appearance, rodent, or bug attraction. (Ord. 1344 § 1 (part), 1997).

18.08.406 Residential airpark.

“Residential airpark” means a planned development designed to provide residents close and ready access to hangared or parked aircraft owned or leased by residents. (Ord. 1358 § 1(R), 1997).

18.08.407 Residential care facility.

“Residential care facility” means a facility that cares for at least five, but not more than fifteen, functionally disabled persons that is not licensed pursuant to Chapter 70.128 RCW. An adult family home shall be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. [1997 c 392 § 401; 1995 1st sp.s. c 18 § 29; 1989 1st ex.s. c 9 § 815.] (Ord. 1591 § 8.00, 2007: Ord. 1344 § 1 (part), 1997).

18.08.409 Residential density.

“Residential density” means the number of dwelling units per acre of land or the minimum number of square footage which must be included in a development for each dwelling unit. This term includes dwelling unit density. (Ord. 1344 § 1 (part), 1997).

18.08.411 Restaurant.

“Restaurant” means a commercial establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto. (Ord. 1344 § 1 (part), 1997).

18.08.413 Retail services.

“Retail services” means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, beauty and barber shops and similar types of uses. (Ord. 1344 § 1 (part), 1997).

18.08.415 Retail trade.

“Retail trade” means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or other business establishments. (Ord. 1344 § 1 (part), 1997).

18.08.417 Retirement home.

“Retirement home” means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing homes, convalescent homes, hospitals, or sanitariums. (Ord. 1344 § 1 (part), 1997).

18.08.419 Reviewing official.

“Reviewing official” means the building and enforcement official, administrative official, hearing examiner, or legislative body, when engaged in any review or approval procedure under the provisions of this title. (Ord. 1344 § 1 (part), 1997).

18.08.421 Rezone.

“Rezone” means to change the zoning district classification of particular lot(s) or parcel(s) of land. (Ord. 1344 § 1 (part), 1997).

18.08.423 Right-of-way, public.

“Public right-of-way” means land deeded, dedicated to, or purchased by the city of Omak or other agency for public pedestrian or vehicular access. (Ord. 1344 § 1 (part), 1997).

18.08.425 Road, public.

“Public road” means the improved (and city maintained) portion of a public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and the right-of-way may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes, and drainage. (Ord. 1344 § 1 (part), 1997).

18.08.427 Road, principal arterial.

“Principal arterial road (street)” means a road designed to handle the greatest proportion of through or long-distance travel. They serve high-volume travel corridors that connect the major generators of traffic, including ties to the major rural highways entering the urban area. Those roads designated as principal arterials are those indicated in the transportation element of the greater Omak comprehensive plan. (Ord. 1344 § 1 (part), 1997).

18.08.429 Road, collector.

“Collector road (street)” means a road that provides direct service to residential areas, local parks, churches, etc., and which collect the traffic from the local access roads (streets) and convey it to principal arterial roads. Those roads designated as collectors are those indicated in the transportation element of the greater Omak comprehensive plan. (Ord. 1344 § 1 (part), 1997).

18.08.430 Runway.

“Runway” means a defined area on an airport designed and maintained for the landing and takeoff of fixed wing aircraft along its length. (Ord. 1358 § 1(S), 1997).

18.08.431 Road, local access.

“Local access road (street)” means a road that is not designed or designated in the greater Omak comprehensive plan as an arterial or collector, and whose primary purpose is to provide direct access to individual homes, shops, and similar traffic destinations. (Ord. 1344 § 1 (part), 1997).

18.08.432 Runway protection zone (RPZ).

“Runway protection zone (RPZ)” means a trapezoidal area of property centered on the extended runway centerline. The inner portion of this area begins at the edge of the primary surface end and is five hundred feet wide. The outer edge is one thousand feet from the primary surface and seven hundred feet wide. The sides of this area correspond to lines which connect the inner and outer lines forming a trapezoid. One such area is located at each end of the runway. (Ord. 1358 § 1(T), 1997).

18.08.433 Road, private.

“Private road” means every way or place in private ownership and used for travel of vehicles by the owner or those persons having express or implied permission by the owner, but not by other persons; such roads are not maintained by the city of Omak or any other public agency (government unit). (Ord. 1344 § 1 (part), 1997).

18.08.434 Runway threshold.

“Runway threshold” means the designated beginning of a runway. (Ord. 1358 § 1(U), 1997).

18.08.435 School.

“School” means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day-care facilities/centers, except when operated in conjunction with a public, private, or parochial school as defined herein. (Ord. 1344 § 1 (part), 1997).

18.08.437 School, vocational or trade.

“Vocational or trade school” means the commercial use of a structure or land for teaching arts, crafts, or trades. (Ord. 1344 § 1 (part), 1997).

18.08.439 Screening.

“Screening” means a fence, wall, landscaping, evergreen hedge, or combination thereof, that effectively provides a sight-obscuring and sound-absorbing buffer. It shall be at least four feet in height and be broken only for access drives, walks, and for compliance with clear vision requirements (Section 18.16.090). (Ord. 1344 § 1 (part), 1997).

18.08.441 Service drive.

“Service drive” means a street abutting and parallel to a primary arterial or collector street which is designed to provide access to abutting property and not to provide access to the arterial except at intersections. (Ord. 1344 § 1 (part), 1997).

18.08.443 Service station.

“Service station” means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories. (Ord. 1344 § 1 (part), 1997).

18.08.445 Setback, front.

“Front setback” is the minimum horizontal distance measured perpendicularly from the property line to the nearest protrusion (including roof line) of the structure. (Ord. 1344 § 1 (part), 1997).

18.08.447 Setback, side and rear.

“Side and rear setback” is the minimum horizontal distance measured perpendicularly from the nearest property line, edge of easement, road or right-of-way to the nearest protrusion (including roof line) of the structure. (Ord. 1716 § 1, 2011: Ord. 1667 § 5, 2010; Ord. 1344 § 1 (part), 1997).

18.08.449 Sign.

“Sign” means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes. Refer to Section 18.16.110. (Ord. 1344 § 1 (part), 1997).

18.08.451 Site improvement.

“Site improvement” means any structure or other addition to land, including construction of roadways, utilities or other improvements on the property. (Ord. 1344 § 1 (part), 1997).

18.08.453 Site improvement, required.

“Required site improvement” means any specific design, construction requirement or site improvement which is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title. (Ord. 1344 § 1 (part), 1997).

18.08.455 Site plan, detailed.

“Detailed site plan” means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified. (Ord. 1344 § 1 (part), 1997).

18.08.457 Solid waste.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid, materials which are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage, from septic tanks, wood waste, dangerous waste, and problem wastes. Definition is the same as WAC 173-304-100-(73). (Ord. 1344 § 1 (part), 1997).

18.08.459 Seminude.

“Seminude” means a state of dress in which clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. (Ord. 1344 § 1 (part), 1997).

18.08.461 Specified anatomical areas.

“Specified anatomical areas” means and includes any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered. (Ord. 1344 § 1 (part), 1997).

18.08.463 Specified sexual activities.

“Specified sexual activities” means and includes any of the following:

(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

(3) Masturbation, actual or simulated; or

(4) Human genitals or artificial depictions of the same in a state of sexual stimulation or arousal; or

(5) Excretory functions as part of or in conjunction with any of the activities set forth in subsections (1) through (4) of this section. (Ord. 1344 § 1 (part), 1997).

18.08.465 Stock-in-trade.

“Stock-in-trade” means:

(1) The dollar value of all merchandise, goods, or services, readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding merchandise located in any store room, under the counter or in any portion of the premises not open to patrons;

(2) The total volume of shelf space and display area in those portions of the establishment open to patrons. (Ord. 1344 § 1 (part), 1997).

18.08.466 Storage container.

“Storage container” means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multi-modal shipping containers; does not include apple bins, wooden or cardboard shipping crates or similar items. (Ord. 1877 § 1(9), 2019).

18.08.467 Storage facilities, bulk.

“Bulk storage facilities” means either enclosed (See “warehouses”) or outdoor areas designed for the storage of either large quantities of materials or materials of a large size. (Ord. 1344 § 1 (part), 1997).

18.08.469 Storage facilities, residential mini-storage.

“Storage facilities, residential mini-storage” means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure. (Ord. 1344 § 1 (part), 1997).

18.08.471 Story.

“Story” means that portion of a building that is 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, then the basement shall be considered a story. (Ord. 1344 § 1 (part), 1997).

18.08.473 Story, half.

“Half story” means a space under a sloping roof which has its top floor level no more than four feet below the point of intersection of the roof decking and the exterior wall. (Ord. 1344 § 1 (part), 1997).

18.08.475 Street.

“Street” means public or private road. (Ord. 1344 § 1 (part), 1997).

18.08.477 Structural alteration.

“Structural alteration” means:

(1) Any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, rafters;

(2) Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure. (Ord. 1344 § 1 (part), 1997).

18.08.478 Structure.

“Structure” means any object constructed or installed by humans, including but not limited to buildings, towers, smokestacks, earth formations, and overhead transmission lines. (Ord. 1358 § 1(V), 1997).

18.08.479 Structure, temporary.

“Temporary structure” means a permitted structure whose bearing components are not permanent in nature which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. (Ord. 1344 § 1 (part), 1997).

18.08.481 Supported living arrangement.

“Supported living arrangement” means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance. (Ord. 1344 § 1 (part), 1997).

18.08.483 Tavern.

“Tavern” means an establishment operated primarily for the sale of wine, beer, or other alcoholic beverages with any service of food incidental thereto. (Ord. 1344 § 1 (part), 1997).

18.08.484 Taxiway.

“Taxiway” means areas designated for the moving of aircraft on the ground, but not for landing or takeoff of aircraft. (Ord. 1358 § 1(W), 1997).

18.08.484.1 Temporary market.

“Temporary market” means an occasional, temporary commercial sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public. This definition does not include the sale of livestock, sale of automobiles or vehicles of any kind, private garage sales, or special events such as Art in the Park, Okanogan Valley Farmers Market and other scheduled annual events held under approval of the city council in a city-owned park. (Ord. 1667 § 1(K), 2010).

18.08.485 Tourist accommodations.

“Tourist accommodations” means a facility for the lodging of transients/tourists, including bed and breakfasts, hotels, motels, inns, lodges, time-share condominiums or overnight rental. (Ord. 1344 § 1 (part), 1997).

18.08.487 Townhouse.

“Townhouse” means an attached dwelling unit in a row of at least two and not more than six such units, separated by property lines and by vertical common fire-resistant walls from other dwelling units in the row and having individual outside access and legal frontage on a public or approved private street. Each dwelling unit shall be designed for and occupied exclusively by one family and the household employees of that family. A townhouse shall extend from foundation to roof, and no townhouse shall be located over another unit. Common walls between townhouses shall have no doors, windows or other provisions for human passage or visibility. Each townhouse shall be attached to other units in the row by not more than two common walls. The principal access shall be at or near grade. Townhouses shall be considered multifamily dwellings and regulated as such. (Ord. 1667 § 6, 2010).

18.08.489 Trail, mixed-use.

“Mixed-use trail” means a trail dedicated to the use of alternative land-based transportation other than the automobile. A mixed use trail may consist of several trails within the same corridor to separate conflicting uses (such as bicycles and equestrians). (Ord. 1344 § 1 (part), 1997).

18.08.491 Transfer of ownership or control.

“Transfer of ownership or control” means and includes any of the following:

(1) The sale, lease, or sublease of a business, or substantially all of the assets of a business.

(2) The transfer of securities which constitute a controlling interest in a business, whether by sale, exchange, or similar means; or

(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of a business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 1344 § 1 (part), 1997).

18.08.492 Transitional surfaces.

“Transitional surfaces” means surfaces which extend outward at right angles to the runway centerline and the runway centerline extended at a slope of 7:1 (seven feet horizontally for each foot vertically) from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. (Ord. 1358 § 1(X), 1997).

18.08.493 Travel trailer.

“Travel trailer” means a trailer or other unit designed as a temporary dwelling for travel or recreational uses and which is moved upon public streets and highways and is thirty-five feet or less in length and eight feet or less in width. (Ord. 1344 § 1 (part), 1997).

18.08.494 Tree.

“Tree” means any object of natural growth whether planted by humans or of natural origin. (Ord. 1358 § 1(Y), 1997).

18.08.495 Use.

“Use (development)” means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied, or maintained together with any associated site improvement. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself including any grading, leveling, paving or excavation. Use also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. (Ord. 1344 § 1 (part), 1997).

18.08.497 Use district.

“Use (Zone) district” means a portion of the city of Omak within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open space may be required and specific lot areas are established, all as set forth and specified in this title. (Ord. 1344 § 1 (part), 1997).

18.08.498 Use, multifamily.

“Use, multifamily” means two or more single-family dwellings; or two or more duplexes, triplexes or multifamily dwellings; or any combination of two or more of the above located on a single lot. (Ord. 1667 § 1(O), 2010).

18.08.499 Use, principal.

“Principal use” means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted. (Ord. 1344 § 1 (part), 1997).

18.08.501 Utilities.

“Utilities” are those businesses, institutions, or organizations which use pipes, wires or conductors, in, under, above, or along streets, alleys or easements to provide a product or service to the public, including sewer, water, power, phone and cable communications services. (Ord. 1344 § 1 (part), 1997).

18.08.503 Utility services.

“Utility services” means facilities operated by utilities but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. (Ord. 1344 § 1 (part), 1997).

18.08.505 Variance.

“Variance” means a modification of the terms of this title that may be granted because of the unusual shape, exceptional topographic conditions, or other extraordinary situation or condition in connection with a specific piece of property when the literal enforcement of this title would involve practical difficulties and cause undue hardship unnecessary to carry out the spirit and intent of this title. (Ord. 1344 § 1 (part), 1997).

18.08.507 Vision area, clear.

“Clear vision area” means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (Ord. 1344 § 1 (part), 1997).

18.08.509 Warehouse.

“Warehouse” means a structure used for the storage of goods and materials. Also see “agricultural building”. (Ord. 1344 § 1 (part), 1997).

18.08.511 Waste material processing and junk handling.

“Waste material processing and junk handling” means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged, stored or baled, and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excludes the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of two unregistered automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials. (Ord. 1344 § 1 (part), 1997).

18.08.513 Water system.

“Water system” means any water system or water supply used for human consumption or other domestic uses. This definition includes source, treatment, storage, transmission and distribution facilities. (Ord. 1344 § 1 (part), 1997).

18.08.515 Wholesale trade.

“Wholesale trade” means those uses primarily engaged in the sale of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers. (Ord. 1344 § 1 (part), 1997).

18.08.517 Yard.

“Yard” means an open space on the same lot with a structure. (Ord. 1344 § 1 (part), 1997).

18.08.519 Yard, front.

“Front yard” means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the nearest point of the structure. (Ord. 1344 § 1 (part), 1997).

18.08.521 Yard, rear.

“Rear yard” means the open area at the back of the structure extending the entire width of the lot and measured from the nearest point of the structure to the rear property line. (Ord. 1344 § 1 (part), 1997).

18.08.523 Yard, side.

“Side yard” means an open area between the nearest point of the side of the structure and the side line of the lot. (Ord. 1344 § 1 (part), 1997).

18.08.525 Youth residential facility.

“Youth residential facility” means a full-time or temporary residential use providing supervised housing for a group of persons under eighteen years of age; and/or for persons between eighteen and twenty-four years of age; and where required is licensed by the state to provide such services to non-adult persons; and provides supportive services. Supportive services include meal service, cleaning service, health services, counseling, vocational training, or similar. This facility would not include facilities which persons are assigned to pursuant to a criminal conviction or those where residents, individually or by their legal guardian, are not free to terminate their residency at will. (Ord. 1930 § 1 (Exh. A), 2023).