Chapter 15.04
DEFINITIONS
Sections:
15.04.010 Explanation.
A. This chapter defines technical and procedural terms used throughout this title in order to simplify wording, give meaning of a technical term, or to eliminate ambiguity. Some definitions differ from definitions of the same words in standard dictionaries. Where this occurs, the definitions in this title will prevail. Words not defined will be presumed to have common and universally accepted dictionary meanings.
B. Each document that is adopted by reference as part of this title contains a definition section of its own. (Ord. 1532 § 1, 2018).
15.04.020 Definitions.
“Accessory” means a use, a building, or structure which is subordinate to, and the use of which is incidental to, that of the main building, structure, or use on the same lot, parcel, or tract.
“Accessory building” means a subordinate building detached from but located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building. A detached garage, shed, greenhouse, or office for a home occupation are examples of an accessory building.
“Accessory dwelling unit” means a second dwelling unit in an existing single-family detached dwelling for use as a complete, independent living facility with provisions within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the principal one.
“Adjacent” means immediately next to and on the same side of the street.
“Administrative appeal” means an appeal to the board of adjustment of a decision made by the city supervisor.
“Adult family home” means the regular family dwelling unit of a person or persons who provide personal care, room, and board to no more than four adults not related by blood or marriage to the person or persons providing the services. An adult family home may have a maximum of six adults if licensed pursuant to Chapter 70.128 RCW by the Washington State Department of Social and Health Services.
Affordable Housing. For renter-occupied housing, affordable housing is when monthly housing costs are 33 percent or less of a low- and moderate-income household’s total monthly income. For owner-occupied housing, the cost of an affordable home is three times the annual income of a low- or moderate-income household. The U.S. Department of Housing and Urban Development (HUD) annually establishes “low- and moderate-income” levels for households in Pacific County.
“Agricultural produce stand” means the display and retail sales of agricultural products produced on the property they are grown on and less than 200 square feet in area.
“Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing produce.
“Alley” means a public thoroughfare or way which affords only a secondary means of access to abutting property.
“Alteration” means any change, addition or modification in construction or occupancy or any change, addition or modification to a site, building, or occupancy.
“Amendment” means a change in the wording, context, or substance of this code, or a change in the zone boundaries on the zoning map.
“Applicant” means a person or persons submitting an application to the city of South Bend for any type of permit or approval covered in this title.
“Automobile heavy maintenance and repair shop” means any premises for conducting heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work.
“Automobile service station” means a use that provides for the servicing of passenger automobiles and trucks not exceeding one and one-half tons capacity and operations incidental thereto, but not including body repair, painting, or automobile wrecking.
“Average finish grade” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished grade slopes away from the exterior walls, average finish grade shall be established by the lowest points within three feet of the building foundation. Where the finish grade does not slope uniformly along the length of an exterior wall, average finish grade shall be established by averaging the corner elevation of each exterior wall, then averaging the four subtotals.
“Bars and/or cocktail lounges” means any premises selling alcoholic beverages for consumption on the premises. It shall not mean premises that sells beverages in conjunction with the sale of food for consumption on the premises.
“Bed and breakfast inn” means a dwelling unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation.
“Binding site plan” means drawing(s) made and approved in accordance with the provisions in Chapter 15.62 SBMC, which contains inscriptions and attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city, and which contains provisions requiring any development to be in conformance with the site plan.
“Block” means all property abutting upon one side of a street between intersection and intercepting streets, or between a street and a railroad line right-of-way, waterway, or dead-end street.
“Board of adjustment” means that body which hears and decides on applications for variances and appeals from administrative decisions.
“Boat” means any commercial or recreational watercraft used for transport over water and propelled by rowing, sails, and/or motor.
“Bond” means a form of insurance or financial security provided to guarantee completion of required improvements or maintenance.
“Buffer strip” means an area of land or a structure used or created for the purpose of insulating, separating, or screening a structure or land use from other land uses or structures, in such a manner as to reduce or mitigate any adverse impacts of one or the other.
“Building” means any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
“Building area” means the total allowable ground coverage of a building or structure that provides shelter.
“Building height” means the vertical distance from the average ground level of the site to the highest point of the structure.
“Building inspector” means the building inspector for the city of South Bend, Washington.
“Building line” means that line beyond which a building shall not extend into any required yard.
“Building permit” means the permit required for new construction and additions to buildings. Building permits are issued by Pacific County.
“Building site” means a parcel of land assigned to a use or to a building including all yard and open spaces required by this title, whether the area so devoted is comprised of one lot, a combination of lots, or a fraction of lots.
“Business” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management, occupancy, or maintenance of recreational or amusement enterprises, office buildings, offices, structures or premises by professions and trades or persons rendering services.
“Caretaker’s residence” means a single-family dwelling unit accessory to a manufacturing facility, mini-warehouse, park, cemetery, golf course, or camping facility use for occupancy by the owner/caretaker.
“Cargo shipping container” means a standardized, reusable portable vessel originally designed for use in intercontinental traffic of freight and designed to be mounted on a railcar, truck, or ship.
“Cemeteries” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
“City” means the city of South Bend, Washington.
“City attorney” means the city attorney of the city of South Bend, Washington.
“City council” means the city council of the city of South Bend, Washington.
“City of South Bend Standard Plans and Specifications for Public Works Construction” means the city’s document that outlines required construction standards.
“City supervisor,” as used in this title, means the city supervisor, or the mayor’s designee, of the city of South Bend, Washington.
“Classification” means a use category in the broad list of land uses in which certain uses, either individually or as to type, are identified as possessing similar characteristics or performance standards and are permitted as compatible uses in the same zone or classification. A classification, as the term is employed in this title, includes provisions, conditions, and requirements related to the permissible location of permitted uses.
“Clear vision triangle” means an area maintained for vision safety purposes lying between the front lot line and the side lot line adjacent to a street and a line connecting points of these lot lines 30 feet from their intersection.
“Closed record appeal” means an administrative appeal on the record to the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed (RCW 36.70B.020(1)).
“Cluster development” mean a development design technique that concentrates buildings in specific areas on a site to allow the remaining land for use as recreation, common open space, and protected critical areas.
“Collective garden” means those gardens authorized under Section 403 of ESSSB 5073, which means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants.
“Commercial recreation areas/facilities” means an area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds, and similar uses whether the use of such area is limited to private membership or whether open to the public upon payment of a fee.
“Commercial use” means an occupation, employment, or enterprise carried on for profit by an owner, lessee, or licensee.
“Community facilities” means any use of land, water, or building by the city for providing services to the public, including, but not limited to, administrative offices, police stations, fire stations, community centers, parks, libraries, and the like.
“Completion security” means a bond or other acceptable surety deposited by an applicant with the city to ensure completion within one year of improvements required to obtain a permit or approval.
“Comprehensive general sewer plan” means the most recent edition of the comprehensive general sewer plan of the city of South Bend.
“Comprehensive plan” means the most recent edition of the city of South Bend comprehensive plan.
“Comprehensive water plan” means the most recent edition of the city of South Bend comprehensive water plan.
“Conditional use” means a use allowed in one or more zones but which, because of characteristics peculiar to such use, the size, technological processes or equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special permit in order to provide a particular degree of control to make such uses consistent and compatible with other existing or permissible uses in the same zone(s).
“Condominium” means the division of a building or land pursuant to the Horizontal Property Regimes Act, Chapter 64.32 RCW, or to the Condominium Act, Chapter 64.32 RCW.
“Contractor yards” means a service establishment primarily engaged in general contracting or subcontracting in the building construction trades. These include administrative offices, workshops, and the indoor or outdoor storage of tools, equipment, materials, and vehicles.
“County assessor” means the assessor of Pacific County, Washington.
“County auditor” means the auditor of Pacific County, Washington.
“Critical areas” includes the following areas and ecosystems as defined in RCW 36.70A.030 and WAC 365-195-200:
Wetlands.
1. Areas with a critical recharging effect on aquifers used for potable water;
2. Fish and wildlife habitat conservation areas;
3. Frequently flooded areas; and
4. Geologically hazardous areas.
“Day” means calendar day.
“Day care center” means an agency that regularly provides care for a group of children for periods of less than 24 hours (RCW 74.15.020).
“Decision” means a final determination by the city council, planning commission, board of adjustment, or city supervisor on applications for permits or approvals or on appeals.
“Decisionmaking body” means the body with final approval authority for any given application.
“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate will be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication; and the acceptance by the public will be evidenced by the approval of such plat for filing by the city council.
“Density” means the intensity of activity occurring per unit of land area, ordinarily expressed as the number of families per acre.
“Density, gross” means the number of dwelling units per acre computed by using all land within the project boundaries.
“Density, net” means all land within the project boundaries minus environmentally constrained areas, public roads and other land uses not intended for construction of dwellings as stated on the plat maps or development drawings.
“Determination of completeness” means the determination made by the city supervisor as to whether a project permit application is complete or incomplete (RCW 36.70B.070).
“Developer” means a person who is responsible for any undertaking that requires a permit or approval from the city of South Bend.
“Development” or “development activity” means any human-made change to improved or unimproved real estate, including but not limited to:
1. Construction, clearing, grading, filling, excavating, paving, dredging, mining, drilling, or otherwise significantly disturbing the soil of a site;
2. Building, installing, enlarging, replacing, or substantially restoring a structure, impervious surface, or water management system;
3. Subdividing land into two or more parcels;
4. Construction of a permanent sign unless expressly exempted by this title;
5. Alteration of a historic property for which authorization is required by this title; or
6. Changing the use of a site so that the need for parking is increased.
“Development fees ordinance” means the most current list, adopted by the city council, of the fees required for submitting applications to the city under this title.
“Development permit” or “development approval” means any written authorization from the city that authorizes the commencement of a development activity.
“Drive-through” means a building element that allows a customer to obtain goods and services through a building opening, other than a door, while seated in an automobile.
“Duplex” means a detached building containing two dwelling units.
“Dwelling” means any building or portion thereof which is designed or used for residential purposes.
“Dwelling, multiple-family” means a building or portion thereof containing three or more dwelling units.
“Dwelling, single-family” means a detached building containing one dwelling unit.
“Dwelling unit” means a room or rooms located within a building designed, arranged, occupied or intended to be occupied by not more than one family as living accommodations independent of any other family. The existence of a food preparation area within such room or rooms shall be evidence of the existence of a dwelling unit.
“Easement” means the authorization by a property owner of the use by another and for a specified purpose of any designated part of his property.
“Emergency repair” means work necessary to prevent destruction or dilapidation to real property or its structures immediately threatened or damaged by fire, flood, earthquake, or other disaster.
“Equipment enclosure” means a small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning and emergency generators.
“Essential public facilities” means public facilities and privately owned or operated facilities serving a public purpose that are typically difficult to site. They include:
1. Type One. These are multi-county facilities on the OFM list of future projects. These are major facilities serving or potentially affecting more than one county. These facilities include, but are not limited to, regional transportation facilities, such as regional airports; state correction facilities; and state education facilities.
2. Type Two. These are local or interlocal facilities serving or potentially affecting residents or property in more than one jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, communication towers, and inpatient facilities (e.g., substance abuse facilities and mental health facilities). [Note: Facilities that would not have impacts beyond the jurisdiction in which they are proposed to be located would be Type Three facilities.]
3. Type Three. These are facilities serving or potentially affecting only the jurisdiction in which they are proposed to be located.
“Expansion” means enlargement of building floor area or parking area of a permitted land use.
“Externally illuminated sign” is a sign illuminated by an exterior light source that is primarily designed to illuminate the sign.
“Family” means one or more related persons living together, or one or more disabled persons protected by the Fair Housing Amendments Act (42 U.S.C. Section 3601 et seq.) living together. Except for disabled persons as described above, in no case shall a family include more than six persons who are not related by genetics, adoption, or marriage.
“Family day care center” means a child day care provider who regularly provides child day care for not more than 12 children in the provider’s home in the family living quarters, as defined by RCW 74.15.020(1)(e).
“Family day care provider” means a child care provider who regularly provides early childhood education and early learning services for not more than 12 children in the provider’s home in the family living quarters. Children include both the provider’s children, close relatives and other children irrespective of whether the provider gets paid to care for them. They provide their services in the family living quarters of the day care provider’s home.
“Fence” means a linear structure or linear plant growth that encloses, divides, or screens.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title.
“Forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing or harvesting timber, or the processing of timber on a harvest site for less than 30 days per calendar year, including, but not limited to, road and trail construction and maintenance; harvest, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control. Chapter 76.09 RCW, the Washington State Forest Practices Act, and Chapter 222 WAC, regulate forest practices.
“Garage, private” means a sheltered or enclosed space designed and used for the storage of motor vehicles or boats of the residents of the premises.
“Grade” means the surface of the ground at the point of measurement. Height shall be measured from the lowest point of the grade immediately below the sign or any sidewalk or street within five feet of the sign and the top of the sign.
“Gross floor area ratio” means the gross floor area of all structures, excluding parking and mechanical areas, divided by the total site area.
“Hazardous waste” means any dangerous and extremely hazardous waste, as those terms are defined by RCW 70.105.010(5) and (6), respectively, including substances composed of radioactive and hazardous components. A moderate risk waste as described by RCW 70.105.010(17) is not a hazardous waste.
“Hazardous waste generator” means any person or site whose act first causes a dangerous waste to become subject to regulation under the Dangerous Waste Regulations, Chapter 173-303 WAC.
“Hazardous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.
“Height” (of a structure) means the vertical distance between the average finished grade within three feet of the building foundation and the highest point of the structure’s roof, walls, or other principle elements, excluding such accessory building elements as skylights, flagpoles, chimneys, church steeples, and roof structures housing building equipment.
“Home occupations” means any commercial use conducted as an accessory use within a dwelling unit or accessory structure and which does not alter the exterior of the property or affect the residential character of the neighborhood.
“Hospital” means an institution specialized in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities in surgery, obstetrics, and general medical practice.
“Hotel or motel” means an establishment offering transient lodging accommodations to the public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
“Household” means a number of individuals living together in a dwelling unit not exceeding the maximum occupant load permitted by the building code.
“Housing for the elderly” means a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons 60 years of age or older or couples where either spouse is 60 years of age or older. This does not include a development that contains convalescent or nursing facilities.
“Impervious surface” means a surface which does not absorb water, including buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt.
“Indoors” means within a completely enclosed and secure structure that complies with the International Building Codes, as adopted by the city of South Bend, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through lockable doors, have bars over window entrances to prevent human access, an alarm system, and constructed of solid materials that cannot easily be broken through, using materials at a minimum of two-inch by four-inch or thicker studs overlain with three-eighths-inch or thicker plywood, or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
“JARPA” means the joint aquatic resource permits application, which must be completed whenever work is proposed in or near water.
“Judicial appeal” means an appeal to the Pacific County superior court of a decision made by the city council or board of adjustment.
“Kennel” means any outdoor or indoor facility, which houses four or more small domestic animals (that number not including one unweaned litter) for periods longer than 24 hours as a commercial venture, as a nonprofit organization, or for a governmental purpose. The facility may be either a primary or an accessory use. A kennel is to be distinguished from a veterinary clinic, which houses animals for periods that may exceed 24 hours as a commercial venture that is accessory to the primary medical activity performed in a veterinary clinic.
“Land use district” means an area accurately defined as to boundaries and location on the zoning map and within which area only certain types of land use are permitted, and within which other types of land use are prohibited, as set forth in Division III of this title. Such area is subject to all the regulations applicable to the district (and combining district) that are contained in this title. The word “zone” may also be used in place of district.
“Livestock” means horses, bovine animals, sheep, goats, swine, donkeys, or sheep.
“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
“Lot area” means the total horizontal area within the lot lines of a lot.
“Lot, corner” means a platted lot abutting two road rights-of-way at their intersection.
“Lot, interior” means an interior lot that is a lot other than a corner lot.
“Lot line” means the boundary line of a lot.
“Lot line, front” means on an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a right-of-way.
“Lot of record” means a parcel that was in compliance with both the platting, if applicable, and zoning laws in existence when the parcel was originally created. Where contiguous legal lots are under common ownership or control, which for purposes of this code shall also include lots or parcels organized as a condominium, such legal lots shall be counted as a single parcel.
“Lot width” means the horizontal distance between side lot lines abutting a street.
“Maintenance security” means a bond or other acceptable surety deposited with the city by an applicant to:
1. Cover the cost of replacing or repairing any or all required site improvements; and
2. To warrant against defects in labor and material, and against any damage or defects caused by construction activity on the site, for a period of two years from acceptance of improvements by the city.
“Manufactured home, designated” means a single-family dwelling constructed after June 15, 1976, and installed in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, which:
1. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;
2. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and
3. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences.
“Manufactured home park” means a lot, parcel, or tract of land having as its principal use the rental of space for occupancy by two or more manufactured homes, including any accessory buildings, structures or uses customarily incidental thereto.
“Manufacturing, heavy” means the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
“Manufacturing, light” means a use engaged in the basic processing and manufacturing of materials or products predominantly from previously prepared materials or finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic processing of raw materials, except for food products. This also includes maintenance and service facilities for motor vehicle passenger transportation, such as for taxi fleets, public transit fleets, or school bus fleets.
“Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers (as defined in RCW 69.50.101 and provided herein for reference).
“Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers (as defined in RCW 69.50.101 and provided herein for reference).
“Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell usable marijuana and marijuana-infused products in a retail outlet (as defined in RCW 69.50.101 and provided herein for reference).
“Mini-warehouse” means an enclosed single-story building(s) designed and constructed to provide individual compartmentalized controlled access stalls or lockers that shall be used only for the storage of personal property. Ministorage is synonymous with mini-warehouse.
“Mixed-use building” refers to a building that includes both residential and nonresidential uses and/or business or professional office uses with other nonresidential uses. Such uses may be mixed vertically or horizontally in one building. Examples include a restaurant with apartments and/or professional offices upstairs or professional offices on one end of the building with retail and/or residential uses on another end.
“Mobile food vendor” means a self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display, or serve food intended for individual portion service.
“Monument sign” means a freestanding sign in which the sign structure is at least as wide as the sign.
“Multiple business property” means a property used for business or commercial purposes under a single ownership or control and containing less than 40,000 square feet of land area and on which three or more separate businesses or commercial enterprises are located.
“Nonconformance” or “nonconformity” or “nonconforming” means any lawfully established use, lot, improvement, or structure that does not conform to the current development standards of the zoning codes.
“Nursery and greenhouses” or “garden center” means an enterprise that conducts the retail and wholesale sale of plants generally grown on site, as well as accessory items (excluding farm equipment) directly related to plant care and maintenance.
“Nursing home” means any facility licensed by the Washington State Department of Social and Health Services or other appropriate state agencies, providing convalescent, chronic or domiciliary care for a period in excess of 24 consecutive hours, for three or more patients or residents not related by blood or marriage to the licensee.
“Obstruction” means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock gravel, refuse, fill structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
“Occupancy” means the purpose for which a building is used or intended to be used. For purposes of this code, a change of occupancy is not intended to include change of tenants or proprietors but intended to indicate a change in the type of use.
“Off site” means separate and/or geographically separated noncontiguous property located within the city corporate boundaries.
“Off-site hazardous waste treatment and storage” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facility is located.
“Office, business or professional” means an office wherein business, technical or scientific services are rendered involving labor, skill, education and special knowledge for certain compensation or profit, but such labor, skill, education and special knowledge being predominantly mental or intellectual, rather than physical, manual or mercantile in nature. Examples of such uses would include, but not be limited to, the offices of lawyers, accountants, dentists, physicians, brokers, insurance agents, and optometrists.
“Office, medical” means an office or clinic used exclusively by physicians, dentists, and similar personnel for the treatment and examination of patients solely on an outpatient basis; provided, that no overnight patients shall be kept on the premises. The term also includes veterinary clinics and such veterinary clinics may keep domestic animals overnight inside the clinics for short periods of time in association with and accessory to the treatment of such domestic animals.
“On site” means the same, geographically contiguous, or bordering property.
“Open-air vending” means any commercial activity which is conducted without the shelter of a building on the premises.
“Open record hearing” means a hearing that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open record hearing may be held prior to a local government’s decision on a project permit to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit (RCW 36.70B.020(3)).
“Open space” means any area which is preserved and/or improved to serve as active or passive recreational areas or for resource protection in an essentially undeveloped state.
“Ordinary repair and maintenance” means work for which a permit is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage.
“Outdoor lighting fixture” means a luminaire outside of an enclosed building or structure or any luminaire directed such that it primarily illuminates outdoor areas.
“Outdoor sales” means any table, stand, tent, vehicle, or other structure from which any item is sold to or exchanged with consumers; provided, that an outdoor sales shall not include mobile food vendors, outdoor agricultural sales, or sales that are accessory to a permanent building on the same lot.
“Outdoor storage” means the storage of fuel, raw materials, products, and equipment outside of an enclosed building. Mechanical equipment necessary for the operation of the building shall be excluded from the definition.
“Outdoors” means any location that is not “indoors” within a fully enclosed and secure structure as defined herein.
“Owner” means the party or parties having the fee interest in land except that where land is subject to real estate contract “owner” shall mean the contract vendee.
“Owner occupancy” or “owner occupied” means occupancy by a property owner, as reflected in property title records, who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than nine months out of any given year.
“Owner of property” means the fee simple owner of record as exists in the Pacific County assessor’s records.
“Pacific County Road Standards” means the most current edition of the Pacific County Roads Standards.
“Parking lot” means a tract of land used for the temporary parking of motor vehicles when such use is not accessory to any other use.
“Parking, RV, and boat” means a tract of land used for the short- or long-term parking of recreational vehicles and boats, including with or without covered stalls or garages.
“Parking, shared” means the development and use of parking areas on separate properties for joint use by two or more businesses.
“Parking space” means an unobstructed space or area other than a street or alley permanently reserved and maintained for the parking of one motor vehicle.
“Pedestrian sign” means a small sign designated to identify a business to a pedestrian and indicate the location of the entrance.
“Permeable pavement” is a paving system which allows rainfall to percolate through it into the underlying soil or an aggregate reservoir. Examples include porous asphalt, porous concrete, interlocking concrete pavers, and open cell paving grids.
“Permit-issuing authority” means the person or body that has the authority, according to this title, to issue the permit or approval in question.
“Permitted use” means a use by right that is specifically authorized in a particular land use district.
“Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. “Person” includes a trustee, a receiver, an assignee, or a similar representative.
“Personal services” means establishments that may include beauty parlors, shops or salons; barbershops; health clubs; martial arts studios; electrolysis services; manicurists; and the like.
“Places of religious worship” means institutions that people regularly attend to participate in or hold religious services, meetings, and other activities.
“Planning commission” means the planning commission of the city of South Bend, Washington.
“Plat” means a map or representation of a subdivision, showing the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
“Portable sign” means a sign that is not attached to the ground or any structure and is movable from place to place. “Portable sign” does not include any sign carried or held by an individual.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat is the basis for the approval or disapproval of the general layout of a subdivision.
“Premises” means a lot, parcel, or tract of land.
“Principal building” means a building that serves the principal use of the lot on which it is located.
“Principal use” means the primary or predominant use of any lot.
“Professional offices” means establishments engaged in providing services in accounting, advertising, architecture, art, banking, dentistry, engineering, finance and securities investments, interior design, insurance, landscape architecture, law, medicine, music, planning, real estate, and any similar type of business.
“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including, but not limited to building permits, subdivisions, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, and site-specific rezones authorized by a comprehensive plan (RCW 36.70B.020(4)).
“Public uses” shall mean civic buildings, including City Hall, police department, fire department, community center, library, transit center and museum.
“Public utilities” means facilities that serve the public including streets, roads, sidewalks, street lighting systems, traffic signals, water systems, stormwater systems, sewer systems, natural gas delivery systems, and electrical systems.
“RCW” means the Revised Code of Washington.
“Recreation, indoor” means an establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition is bowling, roller-skating or ice-skating, pool, and related amusement.
“Recreation, outdoor” means an area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
“Recreational vehicle” means a vehicle or portable unit that is self-propelled, towed, or carried by a motor vehicle and intended for temporary human occupancy and designed for recreational use. This definition includes vehicles such as travel trailers, truck campers, commercial coaches, fifth wheels, and motor homes. A recreational vehicle is not a manufactured home.
“Recreational vehicle park” means a lot, parcel or tract of land, or a portion of a manufactured home park, having as its principal use the rental of space for temporary, short-term, transient occupancy by two or more travel trailers, including any accessory buildings,
structures and uses customarily incidental thereto.
“Residential care facilities” means a facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services for at least five, but not more than 15, functionally disabled people and which is not licensed under Chapter 70.128 RCW. A residential care facility shall not provide the degree of care and treatment that a hospital or long-term care facility provides.
“Residential treatment facility” means a facility providing for treatment of drug and alcohol dependency.
“Restaurant” means an establishment that serves food and beverages primarily to people seated within a building.
“Retail sales” means any establishment or use that involves the display and sale of consumer goods.
“Right-of-way” means a general term denoting land, property, or interest therein meant for public use, usually for transportation purposes. Rights-of-way are distinguished from easements in that they are separate and distinct from the lots adjoining such rights-of-way and are not included in any private ownership.
“Schools” means public or private facilities that provide a curriculum of elementary and secondary academic instruction, including kindergarten, elementary schools, junior high schools, and high schools.
“Semitrailer” means a vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an appreciable part of its weight and that of its load rests upon and is carried by such other vehicle, motor vehicle, or truck tractor. (RCW 46.04.530)
“Senior citizen assisted housing” means housing in a building consisting of two or more dwelling units restricted to occupancy by at least one occupant 62 years of age or older per unit, and must include at least two of the following support services:
1. Common dining facilities or food preparation service;
2. Group activity areas separate from dining facilities;
3. A vehicle exclusively dedicated to providing transportation services to housing occupants;
4. Have a boarding home (assisting living) license from Washington State Department of Social and Health Services.
“Setback” means the shortest distance between a lot line and any structure for which a building permit is required; provided, that eaves, noncombustible chimneys and fireplaces and similar protrusions may extend up to an additional 24 inches from the vertical wall of the building.
“Shopping center” means a grouping of retail business and service uses on a single site with common parking facilities.
“Shoreline master program” means the most recent edition of the shoreline master program adopted by the city of South Bend.
“Short plat” means the map or representation of a short subdivision.
“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
“Short-term vacation rentals” means the provision of temporary guest housing to nonresidents for compensation by the person or persons maintaining the primary dwelling unit use as their primary residence. The length of stay per guest visit is less than 30 days. Short-term rental (STR) does not include rental of a dwelling unit for meetings such as luncheons, banquets, parties, weddings, fundraisers or other similar gatherings for direct or indirect compensation.
“Site plan” means a drawing of a proposed project drawn to scale.
“Slope” means the horizontal distance divided into the average vertical rise over that distance.
“South Bend unified development ordinance” or “this ordinance” means this title.
“Standard Plans for Roads, Bridges, and Municipal Construction” means the document jointly developed by the Washington Department of Transportation and the Washington State Chapter of the APWA.
“Story” means the portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams for finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
“Street” means a public or recorded private thoroughfare which affords primary means of access to abutting property.
“Street frontage” means the side of a building facing the street.
“Street line” means the boundary line between a street and the abutting property otherwise referred to as the street right-of-way line.
“Street, private” means a privately owned thoroughfare open to vehicular ingress and egress established as a separate tract for the benefit of certain adjacent properties. This definition shall not apply to driveways.
“Structural alteration” means any change, addition, or modification in the supporting members of a building or structure such as bearing walls, columns, beams or girders, floor joists or roof joists.
“Structure” means anything constructed, erected, or located on the ground or water, or attached to the ground or to an existing structure, including but not limited to residences, apartments, barns, stores, offices, factories, sheds, cabins, mobile and floating homes, and other buildings.
“Studio apartment” means a dwelling unit no larger than 500 square feet with one habitable room together with a kitchen or kitchenette and bathroom facilities.
“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, except as provided under “short subdivision.”
“Tavern” means any establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks are available for consumption on the premises.
“Temporary use” means a use which will operate less than 60 days.
“Townhouse” means a building designed exclusively for occupancy by one family and containing one dwelling unit, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls which may be located on lot lines.
“Urban growth area” means that area designated by the city’s comprehensive plan as the city’s urban growth area.
“Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.
“Use, temporary” means a use needed for a limited duration of time with the intent to discontinue the use upon the expiration of the time period, not to exceed one year. Temporary uses do not involve the construction or alteration of any permanent building or structure, although the authorization of the temporary use does not necessarily preclude such construction.
“Variance” means relaxation of the requirements of this title with respect to building, lot or other restriction (but not with respect to use) because of special circumstances applicable to the building, lot, or property that deprive it of privileges commonly enjoyed by other properties in the same vicinity and district.
“WAC” means Washington Administrative Code.
“Warehouse/distribution” means a building or land use in which goods, merchandise or equipment are stored for eventual distribution.
“Week” means a seven-day period, starting Monday and ending Sunday.
“Weekday” means Monday, Tuesday, Wednesday, Thursday, or Friday.
“Yard” means an open space that lies between the principal building or buildings and the nearest property line. The minimum required yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this code.
“Yard, front” means a space extending the full width of the lot between any building and the front property line and measured perpendicular from the front property line to the closest point of any building.
“Yard, rear” means a space extending the full width of the lot between the principal building and the rear property line and measured perpendicular from the rear property line to the closest point of the principal building.
“Yard, required” means an open space between a property line and a structure within which no structure shall be located except as allowed by this code.
“Yard sale” means the sale or offering for sale of new, used, or secondhand items of personal property at a residence.
“Yard, side” means a space extending from the front yard to the rear yard between the principal building and the side property line and measured perpendicular from the side property line to the closest point of the principal building.
“Zero lot line” means a single-family dwelling unit constructed in a group of attached units in which:
1. Each attached unit extends from foundation to roof with open space on two sides; and
2. Each dwelling unit is separated by a property line. (Ord. 1563 § 1, 2021; Ord. 1532 § 1, 2018).