Chapter 20.06 CONSTRUCTION AND DEFINITIONS*

* Prior ordinance history: Ords. 95-5, 97-14, 98-14, 99-21, 2000-6, 2001-17, 2002-43, 2004-17, 2005-16, 2006-15, 2011-16, 2012-09, 2016-03, 2017-45, 2018-16 and 2018-53.

20.06.010 Purpose.

This chapter provides rules of construction, and definitions for the terms and phrases used in this code. Where any definitions conflict with definitions used in other titles of the Walla Walla Municipal Code, the definitions in this chapter shall prevail for the purpose of this code. (Ord. 2020-51 § 9).

20.06.020 Construction.

The following rules of construction shall apply unThe following rules of construction shall apply unless inconsistent with the obvious meaning in the context of the provision.

A. Tense. Words used in the present tense shall include the future tense.

B. Number. Words used in the singular shall include the plural, and words used in the plural shall include the singular.

C. Shall, Will, May, Should. The words “shall” and “will” are mandatory. The words “may” and “should” are permissive.

D. Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section, or paragraph of this code, and the content thereof, the said heading shall not affect the scope, meaning, or intent of the content. (Ord. 2020-51 § 9).

20.06.030 Preliminary.

As used in this code, the following words and phrases shall have the meaning described in the below sections. (Ord. 2020-51 § 9).

20.06.030.A A definitions.

“Access” means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.

“Accessory dwelling unit” means a habitable living unit that provides the basic requirements of shelter, heating, cooking and sanitation and meets the standards provided in this code.

“Accessory structures (residential) – not for use as a dwelling unit” means an accessory building or structure as defined in this code not used for residential occupancy.

“Adjacent” shall be that having a common boundary or that which would have a common boundary but for the intervention of a public street or alley.

“Affordable housing” shall have the same meaning as defined in RCW 36.70A.030.

“Agricultural building” means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. The structure shall not be used for human habitation; processing, treating or packaging agricultural products, nor shall it be a place used by the public.

“Agricultural related industry” means specifically:

1. “Packaging plants” may include but are not limited to the following activities: washing, sorting, crating 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 slaughterhouses, animal reduction yards, and tallow works.

2. “Processing plants” may include but are not limited to those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughterhouses or rendering plants.

3. “Storage facilities” may include those activities which involve the warehousing of processed and/or packaged agricultural products.

“Agricultural stand” means a structure up to two hundred square feet in area used for the retail sale of agricultural products, excluding livestock, grown on the premises in residential zoned areas; also, in commercial zoned areas subject to the standards of the applicable zone. Agricultural stands are allowed in the front yard setback.

“Agriculture” means the tilling of soil, raising of crops and horticulture.

“Alley” means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

“Amendment” means a change in the Zoning Code. There are three types of zoning related amendments: those that request a reclassification of land allowing a change in the range of permitted uses on a specific piece of property (termed “rezones”); those which provide zone designations for land to be annexed to the city (termed “prezones”); and those which request a change in the text of this code. (See Chapter 20.48 for amendment procedures.)

“Amusement parks,” “carnival” or “fair” mean a seasonal use operated for profit offering portable facilities and equipment for recreational and entertainment purposes.

“Animal husbandry” means the raising of domesticated farm animals when, in the case of dairy cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of food, other than during the winter months, is from grazing the pasture where they are kept.

Animal Shelter, Community. “Community animal shelter” means a place where dogs, cats or other stray or homeless animals are sheltered as part of a community animal control and protection program. Activities and services may include kenneling, animal clinic, pet counseling and sales, as well as animal disposal. (See Chapter 20.130.)

“Approving authority” means the director, city manager, planning commission, hearing examiner or city council of the city of Walla Walla as provided in this code.

“Assembly area” means any area used for the gathering or congregation of persons with or without the provision of seating and including any area designed for spectator activity.

“Automobile and trailer sales area” means an open area other than a street, used for the display, sale or rental of new or used automobiles or trailers and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.

“Automotive wrecking yard” means a premises used for the storage or sale of used automobile or truck parts, or for dismantling, or abandonment of junk, obsolete automobiles, trailers, trucks, machinery, or parts thereof. Automobile wrecking yards must be licensed by the Washington State Department of Licensing.

“Avigation easement” means the right to use the air space above grantor’s property in accordance with the rules and regulations regarding takeoff, landing and traffic patterns. (Ord. 2021-46 § 5, 2021; Ord. 2020-51 § 9).

20.06.030.B B definitions.

Base Flood – One Hundred Year Flood. See “Flood hazard area.”

“Bed and breakfast facility” is a dwelling unit which is also utilized by the owner/operator as short-term lodging for travelers and transient guests. (See Chapter 20.138 for related development standards.)

“Binding site plan” means a survey together with a developer agreement which, when approved and recorded as required by the subdivision code, Title 19, provides a method of land division for commercial and industrial property and condominiums.

“Bioretention” means a shallow depression with a designed planting soil mix and a variety of plant material, including trees, shrubs, grasses, and/or herbaceous plants. Bioretention can be designed as a cell that provides storage and treatment functions or as a linear facility that also provides conveyance in addition to storage and treatment of stormwater.

“Boarding house (rooming house)” means a residential use where lodging with or without meals is provided for compensation for at least two but not more than ten guests but which rooms, separately or collectively, do not constitute separate dwelling units.

“Building” means a structure to be used as a place of occupancy, storage or shelter. (See “Structure.”)

“Building, accessory” means a minor building that is located on the same lot, or single ownership of contiguous lots, as the principal building. An accessory building is used incidentally to a principal building or that houses an accessory use and is not used for residential occupancy.

“Building height” means the vertical distance of a building measured from the finished grade of the front yard to the highest point of the roof. (See Figure 20.06-1.)

Figure 20.06-1 – Building Height

“Building, principal” means the primary building on a lot or a building that houses a principal use.

“Building setback line” means a line set by the yard requirements of this code, which line runs parallel to and is measured from a lot’s nearest property line. That area beyond the established building setback line is permissible for placement of buildings and structures; provided, that all applicable provisions of this code are met.

“Building site” means a parcel of land which meets area requirements, setbacks and access standards, is serviceable by utilities, and meets the provisions of the zone in which the parcel is located, excepting lands with slopes greater than fifteen percent, unbuildable geology, unstable slopes, and lands which lie within the one-hundred-year floodplain. (Ord. 2020-51 § 9).

20.06.030.C C definitions.

“Cabana” means a freestanding roof supported only by columns or pillars with no enclosing walls between them, and having no enclosures under the roof itself.

“Camp, tourist, or trailer park” means any area or tract of land used or designed to accommodate two or more recreational vehicles, tents or outfits, the primary purpose of which is to rent space to any person for a fee.

“Campground” means a developed area consisting of more than one campsite used for the purposes of camping.

“Cargo containers” are standardized reusable vessels that were (1) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or (2) designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms “transport containers” and “portable site storage containers” having a similar appearance to and characteristics of cargo containers.

“Carport” means a roofed structure providing space for the parking or storage of motor vehicles and enclosed only by the exterior walls of the associated structure if it is to be attached, and supported on all other sides by columns or pillars with no enclosing walls between them.

“Change of use” means alteration of the purpose for which land or a structure is designated, arranged, or intended from an existing use, or an actual use in the last twelve months, to a different use for the location in question.

Child Care, Home. These facilities are covered by definitions of day care center. (See “Day care center, mini” or “Day care center, family.”)

“Circulation area” means that portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Driveways and other maneuvering areas comprise the circulation area.

“City” means city of Walla Walla, Washington.

“City council” or “council” means the city council of the city of Walla Walla, Washington.

“Clearview triangle” means a triangular area at an intersection which is to be kept clear of visual obstructions for the safety of pedestrian and vehicular traffic. Clearview triangle regulations are set forth in Chapter 20.114.

“Combination use” means a use consisting of a combination of two or more principal uses on one lot separately listed in Chapter 20.100, Tables of Permitted Land Uses. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

“Commission” means the Walla Walla city planning commission.

“Common open space” or “common areas” means an area or areas within a development designed or intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the public in general.

“Community center” means a structure owned and operated by a nonprofit public or private corporation and used as a public meeting place for recreation, education, and the general good of the community.

“Comprehensive plan” means the most recent generalized coordinated land use policy statement of the Walla Walla city council, as amended, adopted pursuant to Chapter 36.70A RCW.

“Concentrated animal feeding operation” means a structure or pens for the concentrated feeding or holding of animals or poultry, including but not limited to horses, cattle, or sheep. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms but does not include animal husbandry.

“Concurrency requirements” means Chapter 20.51 and other ordinances, regulations and rules adopted by the city to ensure that at the time of new development, public facilities and services are in place or are adequately planned.

“Conditional use” means a use listed as permissible in a zone, but one which due to potential interaction with adjacent uses or public facilities, requires additional public input and which may require certain additional development standards to ensure that the purposes of this code are met. Conditional use requests are reviewed and approved by the Walla Walla city hearing examiner in accordance with Chapter 20.26, Level III Review; and Chapter 20.216, Conditional Use.

“Condominium” means a building or group of buildings, in which dwelling units are owned individually, common areas and facilities are owned by all the owners on a proportional, undivided basis as provided by the subdivision code in Title 19, and in accordance with Chapter 64.34 RCW, Condominium Act of Washington.

“Congregate care facility” means a structure, primarily for senior citizens, containing more than five living units consisting of separate or confined sleeping and living room, bathroom, but without a kitchen (hot plate and small sink may be provided for supplementary cooking in the room) with food service provided in a commons by the management of the facility.

“Contiguous land” means two or more parcels or units of land under a single ownership which are not separated by an intervening parcel of land under a separate ownership, including limited access right-of-way which would deny access between the two parcels under single ownership.

Convalescent, Nursing Homes. See “Nursing care home” and “Nursing care facility.”

“Convenience store” means a one-story retail store containing less than two thousand square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”). It is designed to attract and depends upon a large volume of stop-and-go traffic.

“Cottage housing” means multiple detached dwelling units sharing common areas. A dwelling unit in cottage housing, within the Neighborhood Residential zone, shall not be more than one thousand square feet.

“Courtyard apartments” means one-story attached dwelling units oriented around a landscaped courtyard which is adjacent to the front public right-of-way.

“Critical root zone” means the line encircling the base of the tree with half the diameter of the drip line.

“Curb line” means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the public works department according to city standard plans for future streets. (Ord. 2020-51 § 9).

20.06.030.D D definitions.

“Day care center, family” means any nursery school, preschool, child day care nursery or other structure or premises used for the day care, apart from their parents or guardians, of thirteen or more children twelve years of age or younger.

“Day care center, mini” means any nursery school, preschool, child day care nursery or other structure or premises used for the day care, apart from their parents or guardians, of fewer than thirteen children twelve years of age or younger.

“Deck, high level” means a structure which conforms to the description of a low level deck, but which is higher than the fence height allowance in the yard in which the deck is located.

“Deck, low level” means an unroofed exterior wood frame structure, either attached to a dwelling or freestanding, which provides a surface for outdoor activities. A low level deck, and any railings, benches or attachments must be no higher than the fence height allowed in the yard in which the deck is located.

“Deck roof” means a roof enclosed only by exterior walls of the associated dwelling and supported on all other sides by columns or pillars with no enclosing walls between them. A deck roof is a structure for calculation of setbacks and lot coverage.

“Department” (known and referred to alternatively herein as the “planning department,” “development services department,” “development services,” “planning and building department,” “staff,” or “planning staff”) means the department created by Section 2.17.010(F).

“Developer” means a person who is responsible for any undertaking that requires an approval decision, and/or additional permits such as a special use permit, conditional use permit, or sign permit.

“Development” means that which is to be done pursuant to an approval decision. Approval may be conditioned upon other permits such as a special use permit, conditional use permit, a variance, or site plan review approval.

“Diameter at breast height (DBH)” means the diameter of the tree measured four and one-half feet above the ground.

“Dimensional nonconformity” means a nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

“Director” (known and referred to alternatively herein as the “development services director,” “development services manager,” “administrator,” or “zoning administrator”) means the official appointed by the city manager in accordance with Section 2.17.070, and such other staff granted authority to act on behalf of the director.

“District” or “zone” means an area defined as to the boundaries and location on the official zoning map and within which area certain land use regulations as prescribed by the text of this code apply.

“Dormitory,” “fraternity,” or “sorority house” means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning, and regulated by such institution.

“Downtown” means a subset of the Central Commercial Zone; the boundaries of downtown are as identified on the Walla Walla Comprehensive Plan Land Use Map.

“Drip line” means the area located directly under the outer circumference of a tree’s branches.

“Duplex” means a building designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot.

“Dwelling” means a building designed exclusively for residential purposes, including one-family, two-family, and multiple-family dwellings but not including hotels or motel units.

“Dwelling, multifamily” means three or more attached residential dwelling units on one lot or parcel.

Dwelling, One-Family. “One-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.

Dwelling, Two-Family. “Two-family dwelling” means a building designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the term “duplex.”

“Dwelling unit” means one or more rooms designed for or occupied by one family for living and sleeping and sanitation purposes, and containing permanent kitchen facilities used solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. (See “Accessory dwelling unit.”) (Ord. 2020-51 § 9).

20.06.030.E E definitions.

“Eligible organization” includes community land trusts, resident nonprofit cooperatives, local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or statewide nonprofit housing assistance organizations.

“Emergency housing” means temporary indoor accommodations for individuals or families who are experiencing abuse or are homeless or at imminent risk of becoming abused or homeless that are intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.

“Emergency shelter” means a facility that provides a temporary shelter for individuals or families who are currently experiencing abuse or are homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. Emergency shelters include overnight shelters which provide safe and dry conditions which save lives.

“Essential public facilities” are those facilities that are typically difficult to site and necessary to provide essential public services, 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, and include supporting facilities needed for such essential public facilities. It is not necessary that the facilities be publicly owned.

“Extremely low-income household” shall mean the same as defined in RCW 36.70A.030. (Ord. 2023-02 § 3, 2023; Ord. 2021-46 § 5, 2021; Ord. 2020-51 § 9).

20.06.030.F F definitions.

“Facilities, public” means those structures, systems, or areas, such as streets, utilities, parks and public buildings customarily provided by or on behalf of government for use by the general public. This term may also include structures or features required of a private developer which are dedicated to the public as a condition of development.

“Family” means one or more persons related by blood, marriage, adoption, or guardianship or persons who are not related by blood, marriage, adoption or guardianship, living together as a single household unit in a single dwelling unit.

“Family home, adult” shall have the same meaning as defined in RCW 70.128.010.

“Fence” means a barrier for the purpose of enclosing space or separating parcels of land.

“Fence, sight-obscuring” means a fence where more than half of the area of the fence cannot be seen through.

“Flood hazard area” means the area which has been or may be covered by a one-hundred-year flood as defined by the Federal Emergency Management Agency Flood Hazard Boundary Map.

“Flood Hazard Boundary Map” means an official map of the community furnished by the Federal Insurance Administration, labeled as Flood Hazard Boundary Map and delineating the boundaries as the special hazard areas.

Foster Care, Adult. Referred to in this code as adult family home.

“Fourplex” means a building with four dwelling units.

Frontage, Lot. “Lot frontage” means that portion of a lot nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to public streets shall be considered frontage. (Ord. 2022-25 § 2, 2022; Ord. 2020-51 § 9).

20.06.030.G G definitions.

“Garage, private” means an enclosed building or portion of a principal building used primarily for the parking of vehicles owned or used by occupants of the principal building. Other buildings used for parking or storage of vehicles are accessory buildings as defined under “Building, accessory.”

“Garage sale” means the sale of used household personal items by the owner thereof, usually on residential premises. (See Section 20.118.060.)

“Grade (ground level)” means the average of the finished ground level at the center of each exterior wall of the building.

“Gross floor area” means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

“Group housing for persons with a disability” means a dwelling unit used principally for the housing of persons with a disability, protected by the Federal Fair Housing Act, and Chapter 49.60 RCW (known as the “law against discrimination”), with or without supervisory resident staff housed in the same unit. “Group housing for persons with a disability” does not include dwelling units made available to individual(s) whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. “Group housing for persons with a disability” does not include secure community transition facilities as defined in RCW 71.09.020. As used in this definition, “disability” shall have the same meaning as defined in RCW 49.60.040. (Ord. 2023-33 § 1, 2023; Ord. 2020-51 § 9).

20.06.030.H H definitions.

“Habitable area” means any area usable (meeting applicable building code standards) for living purposes, including working, sleeping, eating, cooking or recreation or any combination thereof. An area used only for storage is not a habitable area.

“Hazardous substance” shall have the same meaning as defined in RCW 70A.300.010.

“Hazardous waste” shall have the same meaning as defined in RCW 70A.300.010.

“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 storage off-site” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located.

“Hazardous waste storage on-site” means the same, geographically contiguous, or bordering property. On-site hazardous waste treatment and storage facilities treat and store wastes generated on the same property.

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

“Hearing examiner” means the hearing examiner of the city of Walla Walla appointed by the Walla Walla city manager.

“Home occupation” means the accessory use by a person of a dwelling unit or accessory structure in a residential district where the person resides for gainful employment involving the manufacture or provision of goods or services for sale, or the administrative office for an occupation, conducted away from the home. (See Chapter 20.122, Home Occupation.)

“Horses, miniature” means horses meeting a published breed definition for registration by a recognized association for breeding such miniature horses. In any event, a miniature horse shall not exceed a height of thirty-eight inches as measured at the withers.

Household. The term “household” is used interchangeably with the term “family.” (Ord. 2022-25 § 2, 2022; Ord. 2020-51 § 9).

20.06.030.I I definitions.

“Impervious surface” shall have the same meaning as defined in Chapter 13.06. (Ord. 2020-51 § 9).

20.06.030.J J definitions.

“Junk” means worn or discarded materials including but not limited to old rags, plastic, glass, paper, bottles, cans, metals and rubber articles. “Junk” also means rubbish and debris as defined in Section 8.20.010. (Ord. 2020-51 § 9).

20.06.030.K K definitions.

“Kennel, animal” means a place where four or more adult dogs or cats, or other domesticated animals allowed by code, or any combination thereof are kept, whether by owners of the animals or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic or a community animal shelter. (See Chapter 20.130.) (Ord. 2020-51 § 9).

20.06.030.L L definitions.

“Lot” means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. (See Figure 20.06-2.) A “lot” in a manufactured/mobile home park refers to a space designated for a manufactured home which is not subject to the lot area requirements of this code.

“Lot area” means the total area within the lot lines of a lot, excluding any street rights-of-way.

“Lot, corner” means a lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees. (See Figure 20.06-2.)

Figure 20.06-2 – Lot Layout

“Lot coverage” is the percentage of net land area of a site that can be covered with roofed structures.

“Lot depth” means the distance measured from the front lot line to the rear lot line. (See Figure 20.06-2.) For lots where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines, at right angles to the front lot line, every ten feet and averaging the length of these lines.

Lot, Double Frontage. See “Lot, through.”

“Lot, flag” means a lot only a narrow portion of which fronts on a public/private road and where access to the public/private road is across that narrow portion.

“Lot, frontage” means the length of the front lot line measured at the street right-of-way line. (See Figure 20.06-2.)

“Lot, interior” means a lot other than a corner lot. (See Figure 20.06-2.)

“Lot, landlocked” means a lot which has no deeded access to a public street. (See Figure 20.06-2.)

“Lot line” means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. (See Figure 20.06-3.)

Figure 20.06-3 – Lot Lines

“Lot line, front” means the lot line separating a lot from a street right-of-way, or in the case of a flag lot, the line closest to a street right-of-way excluding the flagpole portion of the property. (See Figure 20.06-3.)

“Lot line, rear” means the lot line opposite and most distant from the front lot line; or in the case of a triangular or otherwise irregularly shaped lot, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (See Figure 20.06-3.)

“Lot line, side” means any lot line other than a front or rear lot line. (See Figure 20.06-3.)

“Lot of record” means a lot legally existing prior to the effective date of this code.

“Lot through” means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. (See Figure 20.06-2.)

“Lot width” means the horizontal distance between the side lines of a lot measured along a straight line parallel to the front lot line at the minimum required building setback line. (See Figure 20.06-3.)

“Low impact development (LID)” is an approach to land development (or redevelopment) that works with nature to manage stormwater as close to its source as possible. LID employs principles such as preserving and recreating natural landscape features and minimizing effective imperviousness.

“Low impact development best management practices (LID BMPs)” are as defined in Chapter 12.01.

“Low-income household” shall mean the same as defined in RCW 36.70A.030.

“Low-volume traffic generation” means uses such as furniture stores, carpet stores, major appliance stores, etc., that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items. (Ord. 2021-46 § 5, 2021; Ord. 2020-51 § 9).

20.06.030.M M definitions.

“Manufactured home, Class A” means a new single-section, single-wide or multi-wide manufactured home certified as meeting or exceeding the Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development and the design and appearance minimum standards in accordance with Section 20.180.050.

“Manufactured home, Class B” means a new manufactured home certified as meeting or exceeding the Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development but does not satisfy the design and appearance minimum standards in accordance with Section 20.180.050.

“Manufactured home, Class C” means a used manufactured home certified as meeting the Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development which upon inspection is found to be in good condition and safe and fit for human occupancy.

“Manufactured home, Class D” means used manufactured homes whether or not certified as meeting the U.S. Department of Housing and Urban Development Construction and Safety Standards or prior codes, found on inspection to be in poor condition and unsafe and/or unfit for residential occupancy.

“Manufactured home within a manufactured home park” means a structure which is designed and built as a permanent dwelling unit but which is: (1) not constructed in accordance with the standards set forth in the International Residential Code (IRC) and local codes applicable to site-built homes, and (2) is constructed with an integral frame of “I” beams or tubular steel which is the structural foundation of the home itself and which provides the attachment for transport assemblies used to tow the mobile home to the point of use. This definition does not include mobile homes, modular homes, commercial coach, or recreational vehicles.

“Manufactured (mobile) home park” means any real property which is rented or held out for rent to others for the placement of two or more mobile homes, manufactured homes, or park models for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy as defined in RCW 59.20.030. (See Chapter 20.184.)

“Moderate-income household” shall have the same meaning as defined in RCW 84.14.010.

“Modular home” means a dwelling unit constructed in accordance with the standards set forth in the International Residential Code (IRC) and local codes applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of single or two or more sections transported to the site in a manner similar to a manufactured home, or a series of panels or room sections transported on a truck and erected or joined together on the site.

“Multi-use pathway” means an on-site pathway designed to provide pedestrian and bicycle access and circulation through and within a site. (Ord. 2023-02 § 4, 2023; Ord. 2021-46 § 5, 2021; Ord. 2020-51 § 9).

20.06.030.N N definitions.

“Net density” means the number of dwelling units per acre of developable land. Developable land excludes roadway dedications, critical areas and associated buffers, the drip line of significant trees, and public facilities (such as stormwater tracts or parks/open space) or other areas that are deemed undevelopable by the director after review by the site plan review committee.

“Nonconforming lot” means a lot existing at the effective date of this code (and not created for the purposes of evading the restrictions of this code) that does not meet the minimum area requirement of the zone district in which the lot is located.

“Nonconforming situation” means an existing lot, structure, use or activity which was lawful prior to the adoption, revision or amendment of this code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zone in which it is located.

“Nursery” means facilities used for the propagation and retail or wholesale of agricultural or ornamental plants and related products. This definition does not include private greenhouses with no commercial sales.

“Nursing care facility” means an institutional facility providing skilled nursing care and medical supervision at a lower level than that available in a hospital, to more than nine persons.

“Nursing care home” means an establishment providing skilled nursing care and medical supervision at a lower level than that available in a hospital, to not more than nine persons. (Ord. 2020-51 § 9).

20.06.030.O O definitions.

“Offices” means a facility where the primary activity is of a business meeting or professional service nature (doctor, lawyer, realtor, etc.). The primary activity cannot be retail in nature (where products are stocked and sold on the premises).

“Official zoning map” means the map(s), entitled “Official Zoning Maps,” designating the various land use zoning districts established in Section 20.02.050.

“Open area” means a land area exclusive of any buildings, driveways, and parking lots, intended to be retained in a natural or a landscaped state.

“Overlay zone” means a special land designation whose regulations are set forth in the text of this code, are mapped, and are imposed in addition to those of the underlying zoning district. Development within an overlay zone must conform to the requirements of both zones or the more restrictive of the two. (Ord. 2020-51 § 9).

20.06.030.P P definitions.

“Parking space, stall” means a clear, off-street area for the temporary parking or storage of one automobile. A parking space shall be directly accessible from public streets, and separate from required loading areas or other required uses.

Patio Roof. Referred to in this code as a “deck roof.”

“Permanent supportive housing” shall have the same meaning as defined in Chapter 36.70A RCW.

“Permeable pavement” shall have the same meaning as defined in Chapter 12.01.

“Permit” means an authorization issued in accordance with this code that authorizes the recipient to make use of property subject to the requirements of this code.

“Person” means every natural person, firm, partnership, association or corporation.

“Planned unit development” means a development designed as a unified combination of land uses. It may include a mixture of residential, single and multifamily types, open space or recreation areas for the direct use and benefit of all the lot owners within the development. A planned unit development may include a “planned unit,” a “homeowners’ association,” and “common property” (which includes common open space). A planned unit development is regulated by the subdivision code, Title 19.

“Planning commission” means the planning commission of the city of Walla Walla.

“Planning jurisdiction” means area within city limits as well as the “urban growth area” beyond the city limits within which the city is authorized to plan for and prezone for future annexation.

“Preexisting use” means a use or activity legally existing prior to the effective date of this code.

“Prezone” means the city zone code designation assigned to a parcel of land prior to annexation to the city. A prezone is an amendment to the Walla Walla zone code official zoning map.

Produce Stand. Referred to in this code as “agricultural stand.” (Ord. 2020-51 § 9).

20.06.030.Q Q definitions.

“Qualified tenant organization” means a formal organization of tenants within a manufactured/mobile home community, with the only requirement for membership consisting of being a tenant as defined in RCW 59.20.030. (Ord. 2023-02 § 5, 2023).

20.06.030.R R definitions.

“Recreational vehicle” means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The unit includes but is not limited to travel trailers, fifth-wheel trailers, folding camping trailers, truck campers and motor homes, boats, snowmobiles, go carts, motorcycles, and dune buggies.

“Recreational vehicle park” means any place where two or more recreational vehicles are parked on a parcel of land, the purpose of which is to rent space or keep space for rent to any person for use of facilities, or to offer space free in connection with securing the trade or patronage of such person.

“Recycling center” means a centralized bulk storage facility where discarded household products such as aluminum and tin cans, glass, paper and other similar consumer products are deposited and stored for future processing. Recycling centers are typically the destination of materials collected at neighborhood recycling stations.

“Residential nonprofit cooperative” means a nonprofit cooperative corporation formed by a group of manufactured/mobile home community residents for the purpose of acquiring the manufactured/mobile home community in which they reside and converting the manufactured/mobile home community to a mobile home park cooperative or manufactured housing cooperative.

“Retail business” means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retail businesses may process some of their products, but processing is secondary to selling of the product. Retail businesses include retail lumber and building supply outlets, office supply sales, eating and drinking places, and produce sales outlets which bring in goods from more than one farm.

“Reviewing body” means the director, site plan review committee, planning commission or hearing examiner as used in this code.

“Reviewing official” means the director, the site plan review committee members, or their designee as used in this code.

“Rezone” means a change of zoning district classification on the official zoning map. (Also see “Amendment.”)

“Right-of-way” means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses. (Ord. 2023-02 § 6, 2023; Ord. 2020-51 § 9).

20.06.030.S S definitions.

“Sand and gravel pits” means an area where earthen materials in excess of five hundred cubic yards are extracted from the site for commercial purposes which may or may not include stockpiling.

Satellite Dishes. (See Chapter 20.170, Wireless Communication Facilities.)

SEPA – State Environmental Policy Act/Rules. Refers to Chapter 43.21C RCW and SEPA Rules in Chapter 197-11 WAC adopted by the Washington State Department of Ecology. Refers further to the city’s environmental ordinance in Title 21 and Chapter 20.134.

“Service station” means a retail facility to provide motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories.

Sight Visibility Triangle. Referred to in this code as “clearview triangle.”

“Sign” means any device, structure, fixture (including the supporting structure) or any other surface that identifies, advertises and/or promotes an activity, product, service, place, business, political or social point of view, or any other thing. (See Division VI of this title, Sign Regulations.)

“Significant tree” means a tree in good condition at least six inches in diameter at breast height (DBH) where the diameter of the tree is measured four and one-half feet above the ground, as determined by the municipal arborist.

“Site plan” means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the reviewing body and/or approving authority. (See Chapter 20.46, Site Plan Review Committee.)

“Special events” means circuses, fairs, carnivals, festivals, or other types of special events that (1) run for longer than one day but not longer than two weeks, (2) are intended to or likely to attract substantial crowds, and (3) are unlike the customary or usual activities generally associated with the property where the special event is to be located.

“Special use permit” means a permit issued by the hearing examiner that authorizes the recipient to make use of property which has lost its nonconforming status. (See Chapter 20.224, Special Use Permits.)

“Stacked flat” shall have the same meaning as defined in RCW 36.70A.030.

“Stall” means the parking space into which vehicles park. (See “Parking space, stall.”)

“Storage facilities, bulk” means either enclosed or outdoor areas designed for the storage of either large quantities of materials or materials of large size.

“Storage facilities, commercial” means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials.

“Storage facilities, residential mini-storage” means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure.

“Stormwater drainage system” shall have the same meaning as defined in Chapter 13.06.

“Stormwater facility” shall have the same meaning as defined in Chapter 13.06.

“Street” means the entire width between the boundary lines of every way which provides for public use for the purposes of vehicular and pedestrian traffic and including the terms “road,” “highway,” “lane,” “place,” “avenue,” or other similar designations. Nothing may be placed or located within this area except public facilities landscaping subject to clearview triangle standards (in Chapter 20.114, and off-premises directional signs as provided in Section 20.204.150(B)).

“Structural alteration” means any change to the supporting members of a structure including foundations, bearing walls, or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.

“Structure” or “building” means that which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires a location on the ground or which is attached to something having a location on the ground, whether assembled on site, or assembled elsewhere and placed on the site. This definition does not include paved areas or fences under six feet in height.

“Subarea plan” means a land use plan for a subarea designated by the Comprehensive Plan which is adopted by the Walla Walla city council pursuant to Chapter 36.70A RCW.

Subdivision. See Title 19, Subdivisions. Refers also to Chapter 58.17 RCW. (Ord. 2023-33 § 1, 2023; Ord. 2021-46 § 5, 2021; Ord. 2020-51 § 9).

20.06.030.T T definitions.

“Temporary structure” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“Temporary use” means a use established for a period of time fixed in the permit which authorizes the use.

“Tiny home” means a permanent dwelling unit no larger than four hundred square feet, including provisions for living, sleeping, eating, cooking and sanitation.

“Tower” means any structure whose principal function is to support an antenna.

“Townhouse” shall have the same meaning as defined in RCW 36.70A.030.

Tract. The term “tract” is used interchangeably with the term “lot.”

“Transitional housing” shall have the same meaning as defined in RCW 84.36.043. (Ord. 2023-33 § 1, 2023; Ord. 2022-25 § 2, 2022; Ord. 2021-46 § 5, 2021; Ord. 2020-51 § 9).

20.06.030.U U definitions.

“Urban area” means the incorporated city of Walla Walla together with the urban growth area.

“Urban growth area” means the unincorporated area surrounding the city defined in the Comprehensive Plan as the area designated for growth at urban densities eligible for annexation.

“Use” means the purpose for which land or a structure is designated, arranged, or intended, or for which it is occupied or maintained.

Use, Accessory. “Accessory use” means a use incidental and subordinate to the principal use and located on the same lot, or single ownership of contiguous lots, or in the same building as the principal use.

Use, Permitted. “Permitted use” means any use authorized by one of the various processing levels in each zone description.

Use, Principal. “Principal use” means the primary use for which a lot, structure, building, or the main portion thereof, is designed or actually employed.

Utility, Public. “Public utility” means an organization performing some public service and subject to government regulation. The services include, but are not limited to, electrical substations; pumping lift stations or similar regulatory appurtenances for the transmission or distribution of electricity, natural gas, water and sewer, oil or steam, and storage tanks for any of the above including water towers; solid waste disposal facilities, including transfer stations, incinerators, and sanitary landfills; radio, television, and telephone stations, exchanges, transmitting, receiving or relay structures. (Ord. 2020-51 § 9).

20.06.030.V V definitions.

“Variance” means a grant of permission by the hearing examiner that authorizes the recipient to adjust specific dimensional regulations of this code applicable to a particular piece of property. (See Chapter 20.220, Variances.)

“Variance, minor” means a variance of up to ten percent of any dimensional standard of this code, authorized by the director.

“Vegetated LID BMP” means LID BMPs that include vegetation components such as bioretention and vegetated roofs.

“Very low-income household” shall have the same meaning as defined in RCW 36.70A.030.

Vision Clearance Area. Referred to in this code as “clearview triangle.” (Ord. 2021-46 § 5, 2021; Ord. 2020-51 § 9).

20.06.030.W W definitions.

“Wall, retaining” means a structure necessary for support of a cut-fill grade. Retaining wall shall be a maximum of nine inches above finished grade or the fill side of the wall.

“Warehouse” means a building used for the storage and/or distribution of commercial or industrial goods.

“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 excluding establishments for the processing and sorting of garbage, or of the sale, purchase, storage, or dismantling of automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials.

Wireless Communication Facilities. (See definitions in Section 20.170.020.) (Ord. 2020-51 § 9).

20.06.030.Y Y definitions.

“Yard” means an open space on a lot which is unobstructed from the ground upward by a structure.

“Yard, front” means a space extending the full width of the lot between any building and the front lot line, and measured from the building at the closest point to the front lot line. (See Figure 20.06-3, Section 20.06.030.L.)

“Yard, rear” means a yard extending across the rear of the lot between inner side yard lines and opposite the required front yard; provided, that for corner lots the yards remaining after the full and half depth front yards have been established shall be considered side yards. Rear yard setbacks do not apply to corner lots.

“Yard, side” means a space extending from the rear line of the required front yard to the rear lot line measured perpendicular from the side lot line. (See Figure 20.06-3, Section 20.06.030.L.) (Ord. 2020-51 § 9).

20.06.030.Z Z definitions.

“Zone” is synonymous with district or zoning district.

“Zoning administrator” is synonymous with director. (Ord. 2020-51 § 9).