Chapter 21.08
DEFINITIONS

Sections:

21.08.010    Definitions—Interpretation.

21.08.010 Definitions—Interpretation.

Whenever the following words and phrases appear in this title they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word “shall” is always mandatory, and the words “should” and “may” indicate a use of discretion in making a decision. Words used in this title which are not defined in this section shall (when necessary) be defined as to the meaning used in a college level dictionary; or (where required or necessary) as defined in state law under the appropriate RCW, WAC regulations, or county ordinances.

“Access panhandle” means a strip of land less than thirty feet wide, primarily used for ingress and egress.

“Accessory alternative energy facility” means a small-scale energy system that provides energy to the principal use or uses on the property on which it is located. These facilities include, but are not limited to, solar and wind energy systems.

“Accessory dwelling unit” means a separate dwelling unit that is subordinate to a principal dwelling unit on the same lot.

“Accessory equipment structure” means an unstaffed structure used to contain the equipment necessary for processing communication signals. The accessory equipment structure does not include guyed, lattice or monopole towers.

“Accessory solar energy facility, building-mounted” means a solar energy system that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings.

“Accessory solar energy facility, freestanding” means a solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure.

“Accessory use or structure” means one which is subordinate to the principal use or structure on the lot serving a purpose clearly incidental to the use or structure.

“Accessory wind energy facility, building-mounted” means a wind energy system that is mounted on a principal or accessory building.

“Accessory wind energy facility, freestanding” means a wind energy system supported by a pole or tower and is independent of any building or other structure.

Agriculture, Commercial. “Commercial agriculture” means all agricultural practices, including animal husbandry, resulting in commercial sales, whether on or off the premises.

Agriculture, Domestic. “Domestic agriculture” means all agricultural practices, including animal husbandry, which are limited to personal, family use and do not result in commercial sales.

“Amateur (or ham) radio” means radio transmission or receiving antenna or communication device operated for noncommercial purposes by individuals licensed by the Federal Communications Commission (FCC).

“Antenna array” means one or more rods, panels, discs or similar devices used for the transmission or reception of communication signals, which may include omni-directional antenna (rod), directional antenna (panel), and parabolic antenna (disc). The antenna array does not include the communication tower.

“Attached communication facility” means an antenna array that is attached to a building or structure used for other than communication purposes. The term includes but is not limited to utility poles and water towers.

“Billboard” means any freestanding sign exceeding twelve feet in total height and ninety-six square feet in area.

“Board” means the board of Skamania County commissioners.

“Building” means a structure of permanent construction, having a roof and intended to be used for sheltering people, animals, property, or business activities. The term shall include mobile homes, mobile home units, and buildings which are capable of being moved. The term shall also include decks and balconies attached to a permanent structure.

Building, Accessory. “Accessory building” means a building which is on the same lot with, and of a nature customarily incidental and subordinate to, the principal building.

“Building coverage” means the maximum percent allowable of the total lot area which buildings and accessory buildings shall be permitted to occupy.

“Building location” means any area that is covered by a building, appendage, or architectural projection to or from the building such as bays, porches, balconies, cornices, belt courses, water tables, sills, capitals, bases, or any other projection.

“Campground” means a facility with two or more developed campsites for temporary occupancy of tents, trailers, campers, cabins, recreational vehicles, or similar devices, but not including recreational vehicle or mobile home parks. Campgrounds may include group campsites where two or more developed campsites are available for group use. The use of private property for incidental recreational camping by property owners and their guests does not constitute a campground facility.

“Camping cabin facilities” means a small, recreational lodging unit typically found in rural recreational areas. Not intended as a permanent dwelling and may operate seasonally.

“Child day care” means the provision of supplemental parental care and supervision:

1. For a nonrelated child or children;

2. On a regular basis;

3. For less than twenty-four hours a day; and

4. Under license by the Washington State Department of Social and Health Services.

As used in Chapter 21.86, the term is not intended to include babysitting services of a casual, nonrecurring nature or in the child’s own home. Likewise, the term is not intended to include cooperative, reciprocative childcare by a group of parents in their respective homes.

“Child day care facility” means a building or structure in which an agency, person, or persons regularly provide care for a group of children for periods of less than twenty-four hours. It includes the following subcategories:

1. “Family day care home” means a day care home for the care of ten or fewer children, located in the family dwelling of the provider.

2. “Child mini-day care center” means a day care facility for the care of twelve or fewer children in a facility other than the family dwelling of the person(s) providing the care.

3. “Child day care center” means a day care facility that provides for the care of thirteen or more children. If located in a private family residence, the portion where the children have access must be separate from the family living quarters, or that portion where the children have access must be used exclusively for their care during the hours that the child day care center is operating.

“Citizen band radio” means two-way radio facilities used for short-range personal and business communications and operated without the need of a federal license.

“Cluster development” means a form of development where the parcels or buildings in a project are grouped together in a compact arrangement, or clusters, while the larger area of the site is identified for other uses. Development is pre-planned in its entirety.

“Co-location” means the placement of two or more antenna systems or platforms by separate FCC license holders on a support structure or alternative support structure.

“Common area” means land dedicated to common facilities, including but not limited to recreational space, playgrounds, picnic shelters, restrooms, gazebos, ball fields, parks, utility facilities, water systems, and overflow parking areas.

“Communication facility” means any facility used for the transmission and/or reception of communication services. Such facilities usually, but not necessarily, consist of an antenna array, connection cables, and a communication tower to achieve the necessary elevation.

“Communication facility height” means the distance measured from ground level to the highest point on the communication facility, including the antenna array.

“Communication services” means any communication services as defined in the Telecommunication Act of 1996, which includes cellular services, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), radio and television towers, paging services and similar services that currently exist or that may in the future be developed.

“Communication tower” means a freestanding structure designed and constructed specifically to support an antenna array. The structure may include a monopole tower, self-supporting (lattice) tower, guyed tower and other similar structures.

“Conditional use permit” means a permit issued by the Skamania County hearing examiner for a conditional use. The term “conditional use” means a use identified in this title as one that requires such a permit from the hearing examiner.

“Department” means the Skamania County department of planning and community development.

Dwelling Types.

1. “Single-family” means a building (including mobile homes) designed for the permanent occupancy of one family and containing one dwelling unit. (Does not include recreational vehicles.)

2. “Duplex” means a dwelling having two single-family units, which may be arranged as a single- or two-story building.

3. “Triplex” means a dwelling having three single-family units, which may be arranged as a single- or two-story building.

4. “Fourplex” means a dwelling having four single-family units, which may be arranged as a single- or two-story building.

“Dwelling unit” means a structure, or that part of a structure, which is used as a home, residence, or sleeping place by one family that contains kitchen facilities and sanitary facilities. (Does not include recreational vehicles.)

“Facility” means a place, building, or amenity provided for a particular purpose.

“Facility height” means, with regard to wind energy facilities, the height above grade measured from the base of the structure to the highest point reached by the rotor blade.

“Family” means any number of individuals living together in a structure sharing kitchen facilities in such structure for cooking.

“Floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, attached garages, and decks.

“Frontage” means any portion of a parcel that abuts a public road right-of-way or private access easement.

“Group camp” means a camp facility operated by an entity such as an outdoor, youth, or faith-based group which may offer a variety of active and passive recreational activities. Group camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations.

“Guest house” means a building that is detached from the single-family dwelling that contains up to two bedrooms and sanitary facilities, but does not contain kitchen facilities.

“Guyed tower” means any structure, including but not limited to lattice towers or monopoles, using guy wires connecting above grade portions of a communication tower diagonally with the ground in a radial pattern around the tower.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010 except for moderate-risk waste.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC.

“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

Hazardous Waste Treatment and Storage Facility, Off-Site. These treatment and storage facilities treat and store waste from generators on properties other than those on which the off-site facilities are located.

Hazardous Waste Treatment and Storage Facility, On-Site. These amended treatment and storage facilities treat and store wastes generated on the same geographically contiguous, or bordering property.

“Hearing examiner” means an appointed official vested with the duties established by Chapter 2.80.

“Home occupation” means a business activity that is carried out on the same site as a residential dwelling, and which is accessory to the residential use on the site, subject to the supplementary use standards in Section 21.70.040.

“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, the following subcategories:

1. “Adult family home” means the regular dwelling of a person or persons who are providing personal care, and room and board in a protective family-like environment to more than one but not more than four adults, with functional disabilities, who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010). Adult family homes are a permitted use in all areas zoned for residential use (RCW 70.128.175).

2. “Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than fifteen people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.175.

3. “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.

“Indoor recreational facility” means a facility provided for the purpose of conducting, viewing, or participating in indoor recreational activities. This term includes, but is not limited to, archery or shooting ranges, driving ranges, volleyball courts, bowling alleys, ice or skating rinks, billiard halls, video game centers, soccer fields, tennis courts, basketball courts, and fitness centers.

“Land use” is a term used to indicate the utilization of any piece of land. The way in which land is being used is the land use.

“Large-scale recreational facility” means a facility for outdoor activities that are likely, due to the nature of the activity or the commercial nature of the proposal, to have greater noise, traffic, or other impacts on the surrounding community than an outdoor recreational facility. Examples include but are not limited to ziplines, aerial canopies, aerial nets, bungee jumping, mountain coasters, challenge courses, motorsports tracks, and other such activities, and any activities that are primarily commercial in nature. A large-scale recreational facility may only be permitted in areas that are able to provide buffers from residential areas that will eliminate traffic, noise, lighting, or other impacts on neighboring residential properties. A large-scale recreational facility is deemed to include all accessory uses, including parking areas, private roads, or any buildings that facilitate or support the facility. All applications for large-scale recreational facilities will require a public presentation at a regularly scheduled planning commission meeting and shall be considered a conditional use.

“Lattice tower” means a structure which consists of a network or vertical and horizontal supports and crossed metal braces, forming a tower which is usually triangular or square in cross-section.

“Lodging unit” means a room utilized for victims of domestic violence or sexual assault and their children including those rooms used for sleeping or sitting.

“Lot” means a parcel of land of sufficient size to meet minimum zoning classification requirements including but not limited to: use, building coverage, area, setback, and off-street parking.

“Lot line” means the property line bounding a lot.

Lot Lines.

1. Front. The “front” line of a lot shall be that line which parallels a public road right-of-way, or private road easement, or that line where a road, driveway, or access panhandle enters a lot;

2. “Side” means any lot line which is not a front or rear lot line;

3. “Rear” means a lot line which is opposite and farthest from the front lot line.

Lot Measurements.

1. “Lot depth” means the distance measured from the mid-point of the lot line fronting a road or street to the mid-point of the lot line opposite, or where the lot line does not front on a roadway depth shall refer to the greatest principal dimension.

2. “Lot width” means the distance measured between the mid-points of the two principal side lot lines and at approximate right angles to the lot depth.

“Lot of record” means a lot which is part of a subdivision or short plat subdivision officially recorded; or a lot or parcel described by metes and bounds, and the description of which has been so recorded in the Skamania County auditor’s office.

“Lot size” means the total horizontal area within the lot line.

Lot Size, Minimum. “Minimum lot size” means the minimum horizontal area of a parcel of land used, or which is capable of being used, under the regulations of this title.

Lot Types.

1. “Corner lot” means a lot located at the intersection of two or more roads. A lot abutting a curved road shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees.

2. “Interior lot” means a lot other than a corner lot with only one frontage on a road.

3. “Double frontage lot” means a lot other than a corner lot with frontage on more than one road.

4. “Reversed frontage lot” means a lot on which the frontage is at right angles or approximate right angles to the general pattern in the area. A reversed frontage lot may also be an interior lot or a through lot.

Map, Zoning. “Zoning map” means a legal document, adopted by the board of county commissioners, that assigns zone classifications and/or special purpose districts to individual parcels of property.

“Mapping” means the assignment of zone classifications and/or special purpose districts to specific parcels of property.

“Mobile home” means a dwelling unit that is placed on a parcel other than the parcel where it is made or assembled, is equipped with the necessary service connections for the hookup of required utilities, may or may not require a permanent foundation as per manufacturer’s instruction (i.e., mobile homes and manufactured homes), and that does not meet the requirements of the applicable building codes. This definition does not include recreational vehicles. (From MH/RV park ordinance)

“Monopole tower” means a structure consisting of a single pole to support antennas and connecting appurtenances.

Nacelle. The “nacelle” sits atop the tower and contains the gearbox, low- and high-speed shafts, generator, controller and brake.

“Nonconforming lot” means a lot lawfully existing at the time the ordinance codified in this title becomes effective which does not meet the area or width requirements of the zone classification and/or special purpose district in which it is located.

“Nonconforming structure” means a building or structure, or portion thereof, lawfully existing at the time the ordinance codified in this title becomes effective which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the zone classification and/or special purpose district in which it is located, or which does not conform to the setbacks or other provisions herein established for the zone classification and/or special purpose district.

“Nonconforming uses of land” means a use which was lawfully conducted at the time the ordinance codified in this title becomes effective and which does not conform with the use regulation of the zone classification and/or special purpose district in which it is located.

“Open space” or “open land” means land not having buildings thereon. Vegetative cover may include trees, brush species, cut over timberland and unimproved pastureland on land used for commercial agriculture or forestry purposes.

“Outdoor recreational facility” means a facility provided for outdoor recreation encompassing a varying range of activities including those pursued for the purposes of physical exercise, general well-being, spiritual renewal, and education. Examples include, but are not limited to, camping, hiking, skiing, fishing, hunting, shooting, backpacking, picnicking, wildlife and botanical viewing, horseback riding, swimming, rock climbing, cycling, windsurfing, rafting, sailing, and outdoor team sports such as soccer, baseball, tennis, and basketball. This designation shall not include any applications that have significant traffic impacts, increase noise levels (sustained or not), or which, for any other reason, are inconsistent with the vision statement of the related comprehensive or subarea plan.

“Outdoor storage” means tangible items of a permanent or reusable nature stored on a parcel of land without enclosure by a permanent structure. Highly transient consumable items such as firewood or materials for a building in process are not considered as outdoor storage by this title.

“Parcel” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width, depth and area. The term shall include tracts or lots.

“Passive recreation” means nonmotorized recreational pursuits which can be carried out with little alteration or disruption to the area in which they are performed. Such passive recreation shall include but not be limited to hiking, bicycle paths/trails, picnic areas, trails for recreation, and wildlife and botanical viewing and nature study areas.

“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; or

d. Having a record of having such impairment.

2. Being regarded as having such impairment, but such term does not include current, illegal use of or active addiction to a controlled substance; or sex offenders.

“Permit” means a written government approval or license issued by an authorized official empowering the holder thereof to undertake an action.

“Planning commission” means the Skamania County planning commission.

“Planning director” means the administrative head of the Skamania County department of planning and community development or his/her designee.

“Professional services” means public and/or private services offered by licensed practitioners or businesses.

“Public displays” means outdoor stands used for sale of agricultural and horticultural commodities, or other goods and services in conjunction with cottage occupation or light home industry.

“Public facilities and utilities” means facilities which are owned, operated, and maintained by public entities which provide a public service required by local governing bodies and state laws.

“Recreational vehicle” means a vehicle or trailer designed or used for recreational camping or travel use, whether self-propelled or mounted on or drawn by another vehicle, or any structure inspected, approved and designated a recreational vehicle by and bearing the insignia of the state of Washington or any other state or federal agency having the authority to approve recreational vehicles. Recreational vehicles include any dependent or independent recreational vehicle which is described as follows:

1. “Dependent recreational vehicle” means any tent, trailer, camper, motor home or similar recreational vehicles that do not have self-contained sewer, water or electrical systems, which are dependent upon a service building for toilet and lavatory facilities.

2. “Independent recreational vehicle” means any trailer, camper, motor home, or similar recreational vehicles, which can operate independent of connections to sewer, water and electrical systems. The vehicle may contain a water-flushed toilet, lavatory, shower or kitchen sink, all of which are connected to water storage and sewage holding tanks located within the vehicle.

“Retreat center” means a facility, which may include a lodge, series of buildings, or accessory facilities with a primary focus on relaxation, rehabilitation, religion, recreation activities, relaxation/spa uses, conferences, meeting, and event facilities. Access to and use of the retreat center may be provided with or without compensation. Retreat centers may include temporary lodging and/or campsite facilities.

“Rural event center” means a facility that provides a venue to host social or professional gatherings and events such as corporate retreats, family reunions, meetings, ceremonies, weddings, parties, and receptions. These facilities may consist of indoor or outdoor gathering spaces and are typically located to take advantage of special rural characteristics such as natural features, historic structures and landscapes, and scenic views.

“Safe home” means a shelter that has two or less lodging units and has a working agreement with or is owned and/or operated by the Skamania County domestic violence council.

“Semi-public facilities” means facilities intended for public use which may be owned and operated by a private entity.

“Setback” means the unobstructed distance from adjacent property lines to the building location.

“Shelter home” means a shelter that has three or more lodging units and either is a component of or has a working agreement with or is owned and/or operated by the Skamania County domestic violence council.

“Short-term vacation rental” means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, a residential accessory building, or portion thereof is offered or provided to a guest by a short-term vacation rental operator for a fee for fewer than thirty consecutive nights.

“Sign” means any device which identifies, describes, illustrates, or otherwise directs attention to a product, place, activity, person, institution, or business, and which is affixed to a building, structure, or the land. Each display surface of a sign shall be considered a separate sign.

Sign, Freestanding. “Freestanding sign” means a sign which is higher than five feet above the ground and supported by one or more poles, columns, or supports anchored in the ground.

Sign, Off-Premises. “Off-premises sign” means a sign which advertises a product, service, or company (cottage occupation or light home industry) not located on the property on which the sign is situated.

Sign, On-Premises. “On-premises sign” means a sign which advertises a product, service, or company (cottage occupation or light home industry) located on the property on which the sign is situated.

“Site” means a parcel of land intended or suitable for development. It may also refer to the physical location on which a building exists or may be constructed.

“Site plan” means a scale drawing showing proposed uses and structures for a parcel of land as required by the applicable regulations. A site plan is a more detailed representation of a proposed development than shown in a plat, and may also include density and statistical data.

“Site plan review” means the process whereby the hearing examiner and planning staff review the site plan of a development to assure that it meets the purpose and standards of zoning and other county regulations.

“Slope” means the horizontal to vertical distance standard in feet.

“Split parcel” means when a parcel of land is divided by two or more zone classifications.

“Structure” means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground including, but not limited to, buildings, mobile homes, walls and fences.

“Substantial change in circumstances” means a significant change in conditions affecting the planning area as a whole or a substantial portion thereof. Examples include, but are not limited to, substantial development affecting the rural character of a community, sixty percent of full buildout has been achieved within the proposed zoning designation. “Full buildout” means the total number of existing and potential future lots based on the minimum parcel size within the zoning designation. Percent of full buildout is equal to (number of existing developed lots) divided by (total number of existing and potential lots based on acreage within the land use designation) times one hundred, or legal circumstances sufficient to defeat the purposes of a policy established in the comprehensive plan or subarea plan. However, the creation of the National Scenic Area and any zone changes or existing zone districts within adjacent counties will not be considered to be a substantial change in circumstance. Additionally, due to the existing residences in the Northwestern Lake R-2 zone, the full buildout of this R-2 zone would not be a substantial change in circumstance.

“Use” means the purpose or activity for which a piece of land or its building is designed, arranged, or intended, or for which it is occupied or maintained.

Use, Administrative Review. “Administrative review use” means a use which is specifically authorized by a particular zone with an administrative review by the department for consistency with standards place upon those uses under this title.

Use, Allowable. “Allowable use” means any use listed in this title that is allowed outright, which does not require obtaining planning director’s review and approval, or a conditional use permit. However, an allowable use may require other permits or approvals, including but not limited to: a building permit, mobile home placement permit, SEPA review, or critical area review.

Use, Conditional. Certain uses because of their size, special requirements, or possible safety hazards may have detrimental effects on surrounding properties, but may also be compatible with the other uses if they are properly designed. Such uses are conditional and require conditional use review. A conditional use may be granted after review by the hearing examiner, at which time conditions may be imposed.

“Variance” means permission granted pursuant to Section 21.16.080(B) to a parcel owner to allow relief from certain provisions of this title when, due to the particular physical surroundings, shape, or topographical conditions unique to the parcel, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or further economic benefit.

“Wind turbine” means a machine with turbine apparatus (rotor blades, nacelle and tower) capable of producing electricity by converting the kinetic energy of wind to rotational, mechanical and electrical energy; provided, the term does not include electrical distribution or transmission lines, or electrical substations.

“Yard” means land unoccupied or unobstructed from the ground upward, except for such encroachments as may be permitted (or not regulated) by this title surrounding a building site.

Yard, Front. “Front yard” means a yard extending between side lines across the front of a lot adjoining a public road right-of-way or private road easement.

Yard, Rear. “Rear yard” means a yard extending across the rear of the lot line between inner side yard lines.

Yard, Side. “Side yard” means a yard extending from the rear line of the required front yard to the rear lot line.

“Zoning” means the process by which the county may legally control the use of property and physical configuration of development upon tracts of land within its jurisdiction. (Ord. 2024-02, 7-18-24; Ord. 2021-03, 11-30-21; Ord. 2021-02, 6-22-21; Ord. 2021-01, 5-25-21; Ord. 2020-08, 12-8-20; Ord. 2018-05, 6-12-18; Ord. 2017-06, 12-19-17; Ord. 2014-02, 1-28-14; Ord. 2007-02 (part): Ord. 2005-02 (part))