Accepted agricultural management practices

“Accepted agricultural management practices” means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain farm income and customarily utilized in conjunction with agricultural use. This definition specifically includes new modes of operation or technology for conducting commercial agriculture.

Access

“Access” means a legally available and physically practical area for the perpetual use of motor vehicle ingress and egress to a lot. In determining practicality, the topography, drainage, potential for erosion, underlying ownership and other factors may be considered.

Access driveway

“Access driveway” means an entrance roadway from a street or alley to a parking facility.

Access easement

“Access easement” means any public or private easement for the purpose of ingress and egress that may be owned by the underlying owners of land over which it crosses.

Access road

“Access road” means a street that is not a classified street.

access road, Interior

“Interior access road” means a local access road within the boundaries of a proposed plat or short plat.

access road, Perimeter/connecting

“Perimeter/connecting access road” means a local access road along the perimeter of a plat or short plat, and/or connecting the interior local access roads within a plat or short plat to an existing public road.

Accessory building or structure

“Accessory building or structure” means a building or part of a building or structure that is subordinate to the operation or enjoyment of a lawful use, and the use of which is incidental to, that of the main building, structure or use on the same lot.

Accessory use

“Accessory use” means a land use that is incidental and subordinate to the principal use of a site. Therefore, accessory uses may only be permitted when a principal permitted use has been established. They must be: clearly secondary to, supportive of and compatible with the principal use; consistent with the purpose of the zoning district; and comply with the provisions of this Title. The land use category of an accessory use shall be the same as that of the principal uses as listed in Chapters 19.11 through 19.18, unless otherwise specified.

Administrative Adjustment

“Administrative adjustment of standard” means a change, either an increase or decrease, in one or more of the development standards of this Title in accordance with the provisions of Chapter 19.35.

Administrative Official

“Administrative Official” means the duly appointed Yakima County Planning Director or the Director’s designee. This term is synonymous with “Director” or “Administrator”.

ADT (Average Daily Trips)

“ADT” means the average trips expected on a road/street on any given day.

Adult day care center

See definition for “Day care facility”.

Adult entertainment facility

“Adult entertainment facility” means an adult cabaret, adult motion picture theater, adult retail store, or a commercial establishment that includes an adult sales practice as those terms are defined in the adult entertainment licensing provisions in YCC Chapter 5.06. Adult arcades as defined in YCC Chapter 5.06 are expressly prohibited by this Title.

Adult family home

“Adult family home” means a regular family abode, licensed by the state, in which a person or persons provide personal care, special care, room and board to more than one, but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

Agency with jurisdiction

“Agency with jurisdiction” for the purposes of this Title, means any agency with authority to approve, veto, or finance, all or part of any project permit application as defined by this Title.

Agricultural building

“Agricultural building” means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. Controlled atmosphere and cold storage warehouses are not agricultural buildings (see Agricultural related industries). An agriculture building shall not be used for human habitation, or a place of employment where agricultural products are processed, treated or packaged nor shall it be a place used by the public.

Agricultural land

“Agricultural land” means land primarily or historically devoted to the commercial production of horticultural, agronomic, or specialty crops, as well as apiary and animal production. This definition also includes rangelands and fallow lands.

Agricultural market

“Agricultural market” means a use primarily engaged in the retail sale of fresh, regionally grown agricultural products. An Agricultural Market may include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products such as boxes of apples or other fruit, jams, jellies and baked goods and other value-added products using produce grown regionally, and some limited non-food items. This definition does not include the sale of livestock.

Agricultural product support

“Agricultural product support” means a business that provides a product or service intended for use in the processing, storage, preservation, or distribution of agricultural commodities.

Agricultural service establishment

“Agricultural service establishment” means those uses specifically engaged in performing agricultural or horticultural services on a fee or contract basis, including but not limited to the following:

(1) Crop dusting and spraying services;

(2) Harvesting and plowing services;

(3) Agricultural land grading services;

(4) Specialized farm equipment service and repair, excluding automotive paint, maintenance, or body and repair;

(5) Large animal veterinary services; and

(6) Agricultural fertilizer and chemical product application services.

Agricultural stand

“Agricultural stand” means a structure, or portion thereof, up to 1,000 square feet in area used for the retail sale of agricultural and related incidental products, excluding livestock, primarily grown on the premises.

Agricultural tourist operation, (ATO)

“Agricultural tourist operation” refers to a working farm, including an approved winery, distillery or brewery (domestic or micro) or any agricultural, horticultural, or agribusiness operation that is open to the public for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. These activities must be related to the agricultural products grown or produced on site and incidental to the primary operation on the site. This term includes farm tours, hayrides, corn mazes, pumpkin patches, classes related to agricultural products or skills, picnic and party facilities offered in conjunction with the above and similar uses. The retail sales of agricultural related products is considered accessory and subordinate to the agricultural operation when the products sold are grown or produced on site.

(1) Retail Agricultural Tourist Operation: is one that may include eating and food preparation facilities with event facilities for seminars or other social gatherings.

(2) Destination Agricultural Tourist Operation: is one that consists of an assortment of uses over and above any uses associated with retail level operation but may include overnight lodging facilities up to 12 guest rooms, with event facilities for seminars, weddings and other social gatherings.

(3) Resort Agricultural Tourist Operation: is one that consists of an assortment of uses over and above any uses associated with retail or destination level operation. These accessory uses can be anything related to the agricultural operation that enhances the tourist related experience, with a dedicated area for seminars, weddings and other social gatherings, and RV park accommodations.

Agriculturally related industry

“Agriculturally related industry” means specifically:

(1) Packing 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.

(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.

(3) Storage facilities – include bin storage lots, controlled atmosphere and cold storage warehouses, and warehouses for the storage of processed and/or packaged agricultural products. (This definition does not include processing activities or slaughter houses, animal reduction yards and tallow works.)

Agriculture

“Agriculture” means the tilling of the soil, the raising of crops, the gathering and harvesting of native plants, horticulture, viticulture, floriculture, apiary, livestock farming, dairying, animal feeding operations, animal husbandry, composting associated with the primary agricultural use, land application of soil amendments or agricultural waste at agronomic rates, and farm oriented storage for commercial value. Synonymous with farming or ranching.

Airport operations

“Airport operations” means activities, uses, structures and facilities that are located on and necessary to the operation of the Airport. These activities and facilities include runways, taxiways, parking ramps and aprons, navigation and radar/radio communication facilities and equipment, safety and emergency facilities and storage and maintenance facilities.

Airport or landing field

“Airport or landing field” means any area of land or water used or intended to be used for the landing and taking off of aircraft. Hangars and other appurtenant buildings, storage areas and open spaces necessary for airport operation are also included within this definition. “Landing field” means a geographic area that is designed or occasionally utilized for aircraft operations, but is not primarily used for aviation related activities. Airports and landing fields are further defined as follows:

(1) Personal use – A facility with a limited number of privately owned aircraft for the personal use of the owner or tenant of the site, with no commercial operations other than crop dusting.

(2) Restricted use – A facility with exclusive rights or use reserved to the owner for personal or commercial use. This shall include owners or tenants of a planned development zoning district, industry or institution.

(3) Public use – Any facility available for public use.

Airport special definitions

“Airport special definitions.” The following terms are established for the purpose of protecting the airspace of regulated airports (see also Chapter 19.17):

(1) “Airspace Hazard” means any structure, tree, or use of land which compromises public safety or obstructs the airspace required for the safe operation of aircraft in or around an airport, as determined by the Reviewing Official under this Title.

(2) “Airspace Obstruction” means any structure, tree, land mass, smoke or steam or use of land which penetrates the primary, approach, transitional, horizontal or conical surface of an airport as defined by Federal Aviation Regulation (FAR), Part 77.

(3) “Avigation Deed Declaration” means a declarative covenant which recognizes the preexistence of the airport and the right of over flight recorded for all uses within the approach and transitional surfaces of the conical surface area.

(4) “Avigation Easement” means an easement granted for the free and unobstructed use and passage of aircraft over, across, and through the airspace above, or in the vicinity of property.

(5) “Civil Airport Imaginary Surfaces” means the imaginary airspace (primary, approach, transitional, horizontal and conical surfaces) designated by the Federal Aviation Administration and as defined by FAR, Part 77.

(6) “Established Airport Elevation” means the highest point of an airport’s usable landing area, measured in feet above mean sea level.

(7) “Hazard to Air Navigation” means an official determination by the FAA that an airspace obstruction constitutes a hazard to air navigation. The FAA determination that an airspace obstruction does not constitute a “hazard to air navigation” under federal regulations does not prevent the Reviewing Official from determining that it is an airspace hazard of potentially incompatible land use under this Title.

(8) “Potentially Incompatible Land Use” means land uses deemed potentially incompatible within the airport overlay include:

(a) Those land uses located in the primary Airport Overlay, being an area bounded by the limits of the approach surface and the transitional surface within the conical surface area, that are of such intensity as to potentially endanger public health, safety or welfare. Such uses include manufactured or mobile home parks, schools, places of public assembly and multi-family residential uses;

(b) Those land uses within the primary or secondary Airport Overlay constituting airspace hazards, as determined by the Reviewing Official.

(9) “Runway Protection Zone” means a trapezoidal area representing the ground level at the innermost portion of the runway approach as defined in the respective airport master plan.

Alley

“Alley” means a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public road. (A public or private easement primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.)

Alteration

“Alteration” means the modification of a previously recorded plat, short plat, binding site plan, or any portion thereof, that results in changes to conditions of approval, the addition of new lots or more land, or the deletion of existing lots or the removal of plat or lot restrictions or dedications that are shown on the recorded plat.

Amateur radio antenna and support structure

“Amateur radio antenna and support structure” means any device for receiving or transmitting radio frequency signals, including any tower, pole, mast tree, or guy wire, used to support an amateur radio antenna.

Amendments

“Amendments” means a change prior to final approval or recording of a previously approved preliminary plat, preliminary short plat or binding site plan that includes, but is not limited to, the addition of new lots, tracts or parcels.

Amusement park

“Amusement park” means a permanent indoor and/or outdoor facility, which may include structures and buildings where there are various devices for entertainment, including rides, booths for the conduct of games or the sale of items and buildings for shows and entertainment. Also see “Outdoor Commercial Amusement”.

Anemometer

“Anemometer” means a research device for measuring wind speed and is regulated as a wind tower for the purposes of this Title. An anemometer is considered a temporary use when removed after a period of 3 years or less.

Animal clinic/hospital

“Animal clinic/hospital” means a structure used for veterinary care of sick or injured animals. The boarding of animals is limited to short-term care and is accessory to the principal use. This definition does not include kennels.

Animal feeding operation

“Animal feeding operation” means a lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period; and, where crops, vegetation forage growth, or post-harvest residues are not sustained over any portion of the lot or facility in the normal growing season, and as further defined in the Code of Federal Regulations (CFR, currently 40 CFR 122).

animal feeding operation, Concentrated

“Concentrated Animal feeding operation” means an animal feeding operation where more than 1,000 animal units are confined at the facility; and as further defined in the Code of Federal Regulations and regulated as a CAFO by the Washington State Department of Ecology. Concentrated animal feeding operations include: structure or pens for the concentrated feeding or holding of animals or poultry including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughter houses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry.

Animal husbandry

“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 in the pasture where they are kept.

Antique store

“Antique store” means an establishment offering for sale articles such as glass, china, furniture, or similar furnishings and decorations which have intrinsic value and significance as a result of age (generally 50 years or older), design or sentiment.

Apartment

“Apartment” means a room or suite of two or more rooms in a multi-family dwelling, occupied or suitable for occupancy as a residence for one family. This definition does not include “Accessory Apartments”.

Appeal

“Appeal” means a request for review of an Administrative Official’s or Hearing Examiner’s written decision, determination, order or official interpretation.

Applicant

“Applicant” means a person submitting an application for any permit or approval required by this Title and who is the owner of the subject property or the authorized agent of the owner, as defined by this Title.

Application for development

“Application for development” means the application form and all accompanying documents and exhibits required by this Title or the Administrative Official.

Aquaculture

“Aquaculture” means keeping or raising aquatic plants or animals including, but not limited to, fish hatcheries and fish farms. This definition excludes commercial aquacultural processing, packing and storage plants. When aquaculture is clearly accessory to other land uses, such as raising fish on the same site in conjunction with recreational uses, or for personal, noncommercial purposes, it shall be subject to requirements applicable to the principal use. Commercial aquacultural processing, packing and storage may be considered, where appropriate, under other commercial or industrial categories.

Arterial

“Arterial” means a principal (primary), minor or collector arterial as designated by the WSDOT or proposed in the Transportation Plan or adopted in the Comprehensive Plans. Synonymous with Federal Highway Administration definition.

Attached

“Attached” means in the case of dwellings, two or more dwellings connected by a common vertical wall or roof line or in the case of multi-story buildings by a common ceiling/floor.

Auction house

“Auction house” means a structure or enclosure where goods and/or livestock are sold by auction.

Automobile body shop

“Automobile body shop” means a facility which provides collision repair services, including body frame straightening, replacement of damaged parts and painting.

Automotive parts and supply

“Automotive parts and supply” means use of any land area for the display and sale of new or used parts for automobiles, panel trucks or vans, trailers or recreation vehicles. Stores that sell new automobile parts and accessories; may also include minor parts installation.

Automotive repair services

“Automotive repair services” means any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to body, fender, muffler, or upholstery work, oil change and lubrication but excludes dismantling or salvage.

Automotive service station

“Automotive service station” means a facility to supply motor fuel and other petroleum products to motor vehicles, including lubrication, and providing minor repair service and incidental sales or motor vehicle accessories.

Automotive, truck, manufactured home and/or travel trailer sales

“Automotive, truck, manufactured home and/or travel trailer sales” means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers and campers.

Automotive wrecking, dismantling, salvage or junk yard

“Automobile wrecking, dismantling, salvage or junk yard” means a place used for the storage and/or sale of used automobile parts or other salvage materials and for the storage, dismantling, sorting, cleaning, or baling of wrecked automobiles, trucks, trailers, machinery and other discarded or salvage materials.

Balloon sign

See definition for “sign, Balloon”.

Banner

See definition for “sign, Banner”.

Battery exchange stations

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.

Beacon

“Beacon” means any light with one or more beams directed at one or more points not on the same lot as the light source.

Bed and breakfast (B & B) inn

“Bed and breakfast inn” means a structure designed for and occupied as a single-family residence with not more than five guestrooms used to provide temporary traveler’s accommodations and meals for a fee for not more than 30 days. Bed and breakfast inns with three or more guest rooms are licensed under the Department of Health’s transient accommodation license.

Beverage industries

“Beverage industries” means the production, processing and/or packaging of milk, soft drinks, fruit juices and other drinks.

Binding site plan

“Binding site plan” means a drawing or drawings to a scale of not less than one inch to one hundred feet which:

(1) Identifies and shows the areas and locations of all streets, roads, drainage systems, improvements, utilities, open spaces, dedications, lots, tracts, spaces and any other matters specified in this Title and any other applicable ordinances;

(2) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan, and

(3) Contains provisions making any development upon land covered by the plan be in conformity with the site plan.

Bingo parlor

See definition for “Game room”.

Bioretention

“Bioretention” means the process in which contaminants and sedimentation are removed from stormwater runoff. Stormwater is collected into the treatment area that consists of a grass buffer strip, sand bed, ponding area, organic layer or mulch layer, planting soil, and plants. Runoff passes first over or through a sand bed, which slows the runoff’s velocity, distributes it evenly along the length of the ponding area that consists of a surface organic layer and/or groundcover and the underlying planting soil. The ponding area is graded, its center depressed. Water is ponded and gradually infiltrates the bioretention area or is evapotranspired. The bioretention area is graded to divert excess runoff away from itself. Stored water in the bioretention area planting soil exfiltrates over a period of days into the underlying soils.

Block

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.

Board of County Commissioners

“Board of County Commissioners”, also abbreviated as “BOCC”, or “Board”, is the legislative authority of Yakima County.

Boarding or lodging house

“Boarding or lodging house” means one or more buildings, cabins, that are permanently established on site with not more than five guest rooms where lodging and meals may be provided for compensation for not more than ten persons, but shall not include apartments, family home services, health care facilities, day care centers, residential care facilities. Any number of guest rooms over five shall be considered an overnight lodging facility. Boarding or lodging houses with three or more guest rooms are licensed under the Department of Health’s transient accommodation license.

Bond

“Bond” means any form of a surety bond in an amount and form satisfactory to the Board (BOCC). All bonds shall be approved by the BOCC whenever a bond is required by these regulations.

Bond, Maintenance

“Bond, Maintenance” means an insurance bond, usually for a two-year period.

Bond, Project

“Bond, Project” means a bond for construction project.

Boundary line adjustment

“Boundary line adjustment” means an action that involves the adjustment of common property lines through a boundary line correction or modification process, as set forth in this Title.

brewery, Domestic

“Brewery, domestic” means a facility where sixty thousand barrels or more of beer are processed and manufactured per year. A domestic brewery can include hop fields, grain fields, tasting and sales rooms. (Definition based on RCW 66.24.240(1).)

brewery, Micro

“Brewery, micro” means a facility where less than sixty thousand barrels of beer are processed and manufactured per year. A microbrewery can include hop fields, grain fields, tasting and sales rooms. (Based on RCW 66.24.244(1).)

brokerage offices, Transportation

“Brokerage offices, transportation” means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo.

Buildable area

“Buildable area” means that area of a lot, tract or parcel remaining after minimum required setbacks, yard areas, open space, sanitary control areas, on-site sewage system and reserve areas, where designated by the Yakima Health District, and excepting any floodplains, wetlands, steep slopes or manmade conditions or restrictions that would prevent construction of a habitable structure under existing County development standards.

Buildable land

“Buildable land” (for the purposes of calculating land supply for Urban Growth Areas) means land within or near the urban areas that is suitable and available for residential, commercial, and industrial uses and includes both vacant land and developed land that in the opinion of County, is likely to be redeveloped.

Buildable Lot

“Buildable lot” means that which contains a buildable area.

Building

“Building” means any structure built for the support, shelter or enclosure of persons, animals, uses or property of any kind. Where this Title requires, or where special authority granted pursuant to this Title requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding “and enclosed on all sides”. Also see definition for “structure”.

Building area

“Building area” means the area of a lot or parcel that delineates the limits of where a building may be lawfully placed.

Building code

“Building code” means YCC Title 13 and any other related codes as amended and adopted by Yakima County.

Building height

“Building height” means the vertical distance from grade plane to the average height of the highest roof surface.

Building Official

“Building Official” means that person or persons designated by the legislative body to enforce the provisions of the building code and the assigned provisions of this Title.

Building site

“Building site” means an area of land, consisting of one or more lots or portions of lots, that is:

(1) Capable of being developed under current federal, state and local statutes, including zoning and use provisions, dimensional standards, minimum lot area, minimum lot area for construction, minimum lot width, shoreline master program provisions, critical area provisions and health and safety provisions; or

(2) Currently legally developed.

Building space

“Building space” means the three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, yard setbacks and building coverage.

Business school

“Business school” means a commercial or public school providing instruction solely in professional skills such as: business management, accounting, secretarial skills, sales, marketing and merchandising.

Butcher shop

“Butcher shop” means a custom retail meat cutting operation. This definition does not include slaughtering, but does include other accessory uses such as frozen food lockers.

Camp

“Camp” means a public or private place that offers outdoor recreational activities that may have common eating and sleeping facilities and where recreational activities or religious retreats are organized and conducted in a group under supervision and such group activities constitute the majority of the stay.

Campground

“Campground” means any parcel or tract of real property that is used or designed for camping or outdoor recreation and containing two or more camping spaces offered for the use of the public or members of an organization. [Based in part on RCW 19.105.300(13), National Association of RV Parks and Campgrounds research, and ANSI A 119.4]

Camping

“Camping” means erecting a tent or shelter or arranging bedding, or both, or parking a vehicle for the purpose of remaining overnight on land. (WAC 332-52-10)

Camping or recreational vehicle

“Camping or recreational vehicle” means vacation trailer, park trailer, fifth-wheel, self-propelled vehicle or structure equipped with wheels for highway use that is designed for human occupancy and is used for temporary, recreational or emergency purposes, but not for residential purposes. Said vehicle may be equipped with plumbing, including sink and/or toilet.

Camping site

“Camping site” means a space designed or used for the purpose of locating a trailer, tent, tent trailer, pick-up camper, or other similar device used for land-based portable shelter within an RV park or campground. (RCW 19.05.300(3))

Camping units

“Camping units” means any portable structure, shelter or vehicle designed and intended for occupancy by persons engaged in RV activities or camping within an RV park or campground. The basic units are: recreational vehicles, tent, portable camping cabin, tepee, yurt or other portable shelter.

Car wash

“Car wash” means a business engaged in washing, waxing and/or polishing cards and small trucks. Includes self-service car washes, automated car washes, manned car washes and auto detailing.

Card room

See definition for “Game room”.

Caretaker dwelling

“Caretaker dwelling” means a single-family dwelling unit for the occupancy of guards, watchmen, or property caretakers which is accessory to a permitted use.

Center line of right-of-way

“Center line of right-of-way” means the mid-point between the future alignments of the opposite edges of right-of-way. When the County Engineer determines that the centerline will be relocated, the future centerline shall be used.

Certificate of water availability

“Certificate of water availability” means documentation submitted by the applicant at the time of application showing evidence of an adequate water supply for the proposed structure requiring potable water.

Change of use

“Change of use” means a change from one use listed in Chapter 19.14 Table of Permitted Land Uses to another use listed in the table.

Charging levels

“Charging levels” means the standardized indicators of electric force, or voltage, that an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:

(1) Level 1 is considered slow charging (120 volt AC).

(2) Level 2 is considered medium charging (208 or 240 volt AC).

(3) Level 3 is considered fast or rapid changing (480 volt AC).

Chicanes

“Chicanes” means the narrowing, curving and/or widening of a roadway.

Church or other place of worship

“Church or other place of worship” means a structure or group of structures that by design and construction are primarily used for organized religious services and instruction.

City

“City” means an incorporated city or town within its respective Urban Growth Area.

Classified street

“Classified street” means a street designated by the Federal Highway Administration as an arterial or collector, or proposed for such designation by the comprehensive plan.

Clean and sober facility

“Clean & sober facility” means a commercial business providing a dwelling or building for occupation by rehabilitated alcohol and/or drug users during their re-entry into the community. The Clean & Sober Facility provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see Halfway House.)

Clinic

“Clinic” means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises.

Cluster development

“Cluster development” means the arrangement or grouping of dwellings or lots to increase densities (e.g. smaller lots) on some portions of the property to preserve the remainder for either: agricultural or forest use; future infill development within urban areas; open space and other amenities associated with the property; and/or to locate on-site utility (water and sewer) system.

Collector

“Collector” means streets that are minor tributaries, gathering traffic from numerous smaller (local) streets and delivering it to and from minor arterials, as designated by the Federal Highway Administration.

Collector lines, electrical

“Collector lines, electrical” means electrical lines necessary to deliver power from a commercial energy resource facility to electric substations or interconnection facilities associated with existing or proposed transmission lines.

Commercial services

“Commercial services” means technical services and specialized care services such as lawn and garden care and delivery services, except as otherwise regulated.

Communication tower

“Communication tower” means any tower, pole, mast, whip or antenna or any combination thereof used for transmitting electronic communication through the air. This definition includes towers erected for use in the amateur radio service.

Communication tower height

“Communication tower height” means the vertical distance above the ground measured to the highest point of the communication tower.

Community center

“Community center” means a facility owned and operated by a public agency or nonprofit corporation, provided, that the principal use of the facility is for public assistance, community improvement or public assembly.

Community on-site sewage disposal system

“Community on-site sewage disposal system” means an on-site sewage disposal system that serves more than one lot within a land division or more than one individual use on a lot.

Community open space

“Community open space” means a parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use, enjoyment, as well as the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open spaces. Community open space may include neighborhood and community parks, commons, plazas, community green or lawn, landscaped buffers, or other areas, decorative plantings, formal and informal gardens, pedestrian walkways or paths, and active or passive recreation areas (swimming pools, tennis courts, playgrounds, etc.). Community open space shall not include street rights-of-way or any area within a residential lot.

Community water supply system

“Community Water Supply System” means any publicly or privately owned system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission, and distribution facilities where water is furnished to any community, collection, or number of individuals, but excluding a water system serving one single-family residence.

Community youth center

“Community youth center” means a structure open to the general public that is owned or operated by Yakima County or another public agency or charitable nonprofit agency and that is used predominantly by children for cultural, educational, recreational or social purposes.

Compatibility

“Compatibility” means the characteristics of different uses or developments that permit them to be located near each other in harmony with or without special mitigation measures.

Comprehensive Plan

“Comprehensive Plan” means the Comprehensive Plans and any supplemental or Neighborhood plans officially adopted under RCW Chapters 36.70 and 36.70A, specifically:

(1) The Yakima Urban Area Comprehensive Plan 2025, including the West Valley Neighborhood Plan and Terrace Heights Neighborhood Plan;

(2) The Yakima County Comprehensive Plan;

(3) The relevant portions of the Union Gap Comprehensive Plan.

(4) A comprehensive plan adopted by a city or town council.

Conditions of approval

“Condition of approval” means restrictions or requirements required by a Reviewing Official pursuant to authority granted by this Title.

Connectivity

“Connectivity” means a system of streets with multiple routes and connections serving the same origins and destinations.

Construction plan

“Construction plan” means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Board as a condition of the approval of the plat.

Consulting services

See definition for “Professional business”.

Context Sensitive Solutions (CSS)

“Context Sensitive Solutions” means a transportation facility design that fits its physical setting and preserves scenic, aesthetic, historic and environmental resources, while maintaining safety and mobility. CSS is an approach that considers the total context within which a transportation improvement project will exist.

Contract truck hauling, rental and trucks with drivers

“Contract truck hauling, rental and trucks with drivers,” means any person, whether through a franchise or private contract, paid to collect and move material from a generator to a reporting entity, end user, or a destination. Any material delivered by a contract hauler is referred to as “contract-hauled.” These land uses are regulated under YCC Title 19.18.495 Transportation Related Businesses.

Convalescent or nursing home

“Convalescent or nursing home” means an establishment providing nursing, dietary and other personal services to convalescents, invalids or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals.

Convenience store

“Convenience store” means a building not greater than 4,000 square feet that is used for retail sales of packaged or prepared food, beverages, lottery tickets, tobacco products, and limited stock of groceries or similar products for the traveling public or neighborhood residents. May include automotive fuel dispensing services.

Cosmetic Services

“Cosmetic Services” means tattooing, body piercing and similar services.

County

“County” means Yakima County.

County Auditor

“County Auditor” shall be defined in RCW Chapter 36.22 as it now exists or is hereafter amended.

County Engineer

“County Engineer” shall be defined as RCW Chapter 36.40 as it now exists or is hereafter amended.

County public road standards

“County public road standards” means as assigned and approved by the County Engineer.

County Treasurer

“County Treasurer” shall be defined in RCW Chapter 36.29 as it now exists or is hereafter amended.

Crime Prevention Through Environmental Design (CPTED)

“Crime prevention through environmental design” means a multi-disciplinary approach to deterring criminal behavior through environmental design. Specifically altering the physical design of the communities in which humans reside and congregate in order to deter criminal activity is the main goal of CPTED.

Crisis residential facility

“Crisis residential facility” means a protective residential facility operated to provide secure or semi-secure temporary shelter for children under the age of eighteen years.

Critical areas

“Critical areas” means all unincorporated lands under Yakima County’s land use jurisdiction that are regulated under the Critical Areas Ordinance, Regional Shoreline Master Program and mean, generally, areas with a critical recharging effect on aquifers used for potable water, wetlands, hydrologically related critical areas (frequently flooded areas, wetlands), geologically hazardous areas, drainages, and fish and wildlife habitat conservation areas.

Cul-de-sac bulb

“Cul-de-sac bulb” is a road closed at one end by a circular area of sufficient size for turning vehicles around.

curb, Barrier

“Barrier curb” means a curb designed to prevent vehicles from access to sidewalks.

curb, Low impact design

“Low-impact design curb” means a curb with an approved alternative design that incorporates low-impact stormwater management design.

curb, Mountable

“Mountable curb” means a curb, including a rolled curb, designed to allow for vehicle access to sidewalks.

Dangerous waste

“Dangerous waste” means those solid wastes designated in Washington Administrative Code, hereafter, “WAC” 173-303-70 through 173-303-103 as dangerous or extremely hazardous waste.

Day

“Day” means calendar day, unless specified otherwise. For purposes of computing any period of time, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Day care center

“Day care center” means a day care facility that supplies care, attention, supervision and oversight serving children regardless of whether such services are provided for compensation, as governed by Washington State DSHS licensing provisions for said day care use and conducted in accordance with said State DSHS requirements.

Day care facility

“Day care facility” means a building or structure that an agency, person or persons regularly provide care for a group of non-related individuals (children or adults) for periods of less than twenty-four hours a day. This includes family day care homes and day care centers.

Day care home, family

“Day care home, family” means family day care home located in a private home that supplies care, attention, supervision and oversight for children, as governed by Washington State DSHS licensing provision for said day care use and conducted in accordance with said State DSHS requirements.

Decision maker

“Decision maker” means the person or body that is authorized by Yakima County Code to render the final decision on a project permit application. Table 3-1 in Title 16B designates the decision maker by project permit procedure type.

Dedication

“Dedication” is the deliberate appropriation of land by an owner for any general and public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which property has been devoted. The intention to dedicate shall be evidence by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit, provided that no affirmative duty to maintain or improve any dedicated land shall devolve upon Yakima County except by resolution of the Board of Yakima County Commissioners adopted for the purpose of undertaking a specified duty or duties as to specifically described land.

Delicatessen and other specialty food stores.

“Delicatessen and other specialty food stores” means retail food stores selling ready to eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty food stores having seating for no more than five (5) persons.

Density

“Density” means the method of describing the intensity of development patterns typically measured in dwelling units per acre. Gross density includes the entire property, whereas net density refers to the land available for development (e.g., less roads and critical areas).

Department

“Department” means the Yakima County Planning Division of the Public Services Department.

Designated classified road or street

“Designated classified road or street” means a corridor or alignment for the improvement of an existing facility or the addition of a future arterial or collector public road improvement that has been designated by Yakima County, on a map or in an adopted plan or comprehensive plan element, or has been identified through early assistance as necessary to provide a higher functional classification.

Desk top publishing

“Desk top publishing” means activity related to the use of computers in order to produce documents for personal use or for other uses.

Development

“Development” means any work, condition, or activity which requires a permit or approval under the Unified Land Development Code, Critical Areas Ordinance, Regional Shoreline Master Program, or YCC Title 13.

Development authorization

“Development authorization” means written authorization for development or modification of development as defined in this Title.

Development, planned residential

“Development, planned residential” means in the residential districts, the coordinated development of a single lot of not less than 12,000 square feet with a number of residential units (not less than three), residential structures and/or dwelling types including, but not limited to: apartment complexes and mobile home parks, which are designed to:

(1) Maintain the character of the residential neighborhood;

(2) Provide compatibility between various types of dwelling units, off-street parking and other uses with the site;

(3) Share such site amenities as off-street parking, access drives, open space and recreational facilities.

This definition includes the clustering of residential units on a single lot. In commercial districts, “planned residential development” means a mixed use development combining multi-family residential and commercial use into a single coordinated project.

Distillery

“Distillery” means a facility where more than 60,000 gallons of spirits are processed and manufactured per year. A distillery can include fields, tasting and sales rooms. (Based on RCW 66.24.140(1)).

Distillery, craft

“Distillery, craft” means a facility where 60,000 gallons or less of spirits are processed and manufactured per year. A craft distillery can include fields, tasting and sales rooms. (Based on RCW 66.24.140(1)).

Division of land

“Division of land” for purposes of this Title is any transaction or action that alters or affects the shape, size or legal description of any part of an owner’s “land” through boundary correction or modification, long or short subdivision, binding site plan, or as otherwise permitted by law. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s “land” shall not constitute a division of land.

Domestic farm animal

“Domestic farm animal” means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, alpacas, goats, sheep, rabbits, poultry and swine.

Double plumbing dry side sewer

“Double plumbing dry side sewer” means private sewer lines installed at the time of on-site sewage disposal system construction that will connect the structure’s wastewater system to a public sewer when the public sewer becomes available.

Drive-through food and beverage vendor

“Drive-through food and beverage vendor” means an establishment where food or other retail items are sold from a drive-up window to a person driving a vehicle. Such establishments may include juice bars, and mobile food vendors, but do not include establishments where an adult sales practice as defined in YCC Chapter 5.06 occurs.

Driveway

“Driveway” means a means of vehicular access, beginning at the property line of a lot, tract or parcel of land abutting a public or private road that provides access to an addressable structure or unit on that lot. A driveway does not serve any other lot, parcel or tract of land and shall not be identified by a separate road name.

Driveway, private shared

“Private shared driveway” means a means of vehicular access, beginning at the property line of a lot, tract or parcel of land abutting a public or private road that provides access up to four separate addressable structures, lots or units, as per Chapter 19.23.

Drugstore

“Drugstore” means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and non-prescription medicines, but where non-medical products are sold as well.

Dry line sewer

“Dry line sewer” means a public or private sewer lateral that is intended for future connection to the regional public sewer system.

Dwelling

“Dwelling” means a building, structure or portion thereof designed exclusively for residential purposes.

Dwelling, multiple-family

“Dwelling, multiple-family” means a structure or structures or portion thereof, designed exclusively for residential purposes and containing three or more attached dwelling units on a lot. See also “Apartments”.

Dwelling, single-family

“Dwelling, single-family” means a detached structure designed exclusively for residential purposes containing no more than one dwelling unit. An accessory kitchen may be authorized for a single family dwelling. However, a dwelling unit with a second kitchen will not be considered to be a single family dwelling if the structure is arranged so that the structure contains complete, independent separate living area that does not qualify as an accessory apartment. Single-family dwellings are further classified by their nature of construction as follows:

(1) Site built – constructed primarily at the occupancy site and permanently affixed to the ground by a foundation.

(2) Modular Home – See “Modular Home”.

(3) Manufactured Home – See “Manufactured Home” and “Mobile Home”.

Dwelling, single-family attached

“Dwelling, single-family attached” or “common wall” unit means two single-family dwellings that are attached, but with each dwelling unit located entirely on its own lot.

Dwelling, single-family detached

“Dwelling, single-family detached” means one dwelling unit located on one lot and not attached to any other dwelling unit.

Dwelling, two-family

“Dwelling, two-family” means a structure designed exclusively for residential purposes and containing two attached dwelling units on the same lot. This definition includes the term “duplex”.

Dwelling unit

“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, food preparation, cooking and sanitation plumbing and electrical wiring or fuel fixtures for ovens and other cooking appliances whether or not such cabinets, fixtures and appliances are installed. Dwelling unit does not include recreational vehicles.

dwelling unit, Accessory (ADU)

“Accessory dwelling unit” means a structure meeting the purpose and requirements of Section 19.18.020 that is attached to a single-family home, or detached garage with living facilities for one individual or family separate from the primary single-family. In areas specified, accessory dwellings may be detached from other structures.

Earthen material

“Earthen material” means sand, gravel, rock, aggregate and/or soil.

Easement

“Easement” is a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.

Electric vehicle

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for locomotive purpose. Electric vehicle includes:

(1) Battery electric vehicle;

(2) Plug-in hybrid electric vehicle;

(3) Neighborhood electric vehicle; and

(4) Medium speed electric vehicle.

Electric vehicle charging station

“Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

Electric vehicle infrastructure (EVI)

“Electric vehicle infrastructure” or “EVI” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including electric vehicle charging stations, rapid charging stations, and battery exchange stations.

Energy resource facility

“Energy resource facility” means those land uses involved in the production, distribution and sale of energy products by utilizing either renewable or nonrenewable energy resources such as: wind, solar, hydroelectric, geothermal, biomass, coal, oil or natural gas.

Environmental review

“Environmental review” means the procedures and requirements established by the State Environmental Policy Act, RCW Chapter 43.21C as it now exists or is hereafter amended.

Especially sensitive land uses (ESLU)

“Especially sensitive land uses” means those that are, by their nature, especially sensitive to farm, forest or mineral resource, linear transmission facilities and management practices. These land uses include dwellings (excluding caretaker dwellings), schools, day care facilities, churches or other places of worship or assembly, medical facilities such as hospitals, clinics and convalescent care facilities, outdoor recreational facilities and similar uses.

Espresso/coffee drive-through facility

“Espresso/coffee drive-through facility” means a place used to sell coffee and associated items from a drive-up window to a person driving a vehicle, but does not include establishments where an adult sales practice as defined in YCC Chapter 5.06 occurs.

Espresso/coffee stand

“Espresso/coffee stand” means a place used to sell coffee and associated items from a counter area commonly inside a building and/or structure.

Existing use

“Existing use” means a use or development legally existing or legally established prior to the effective date of this Title that has been or would be classified under this Title as a permitted, administrative or conditional use in the appropriate zoning district.

Family

“Family” means individuals, consisting of two or more persons related by blood, marriage, adoption (or a group of not more than five persons, excluding servants, who are not related by blood or marriage) living together as a single housekeeping unit in a dwelling unit.

(1) The term “family” shall also include:

(a) State licensed adult family homes required to be recognized as residential use pursuant to RCW 70.128; 175;

(b) State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of Subsection (2) of this Section;

(c) Group homes for the disabled and consensual living arrangements equivalent to a familial setting required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended and the Washington Housing Policy Act. RCW 35.63.220 and RCW 35A.63.240, respectively.

(2) The term “family” shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel.

Family home services

“Family home services” means and includes the following:

(1) Adult day care home. – “Adult day care home” means a regular family abode of a person or persons providing personal care, or special care for less than twenty-four hours to more than one but not more than six adults who are not related by blood or marriage to the person providing the services.

(2) Adult family home. – “Adult family home” means a regular family abode of a person or persons providing personal care, or special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person providing the services.

(3) Family day care home, child. “Child family day-care home” means a licensed child day care facility in the family residence of a state licensee providing regularly scheduled child day care for not more than twelve children in the family living quarters, including children who reside at the home.

(4) Foster family home. “Foster family home” means a dwelling unit in which foster care is provided on a twenty-four hour basis for not more than six unrelated children, expectant mothers or persons with development disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother or disabled person is placed as part of the family, and the dwelling unit is governed by the state foster care home licensing provisions and conducted in accordance with state requirements.

(5) Group care facility, small. “Small group care facility” means a facility for handicapped, physically disabled or developmentally disabled adults, or dependent or pre-delinquent children, plus house parents, providing facilities residentially oriented in a home-like environment directed to allow a degree of community participation and human dignity not provided in an institutional atmosphere for only six or less such persons, plus house parents. Does not include “halfway house”.

(6) Licensed boarding home, small. – “Small licensed boarding home” means any home or other institution however named which is advertised, announced or maintained for the express or implied purpose of providing domiciliary assisted living services and enhanced adult residential care to three to six aged persons not related by blood or marriage.

(7) Safe/shelter home. “Safe/shelter home” means a place of temporary refuge (e.g. shelter) that includes access to adequate food and clothing offered on a twenty-four hour, seven day-per-week basis to victims of domestic violence and their children. A safe home is a component of or has a working agreement with a domestic violence service for up to two lodging units. A shelter home includes three or more lodging units.

Farm labor center

“Farm labor center” means a facility of more than eight farm labor shelters on a single lot. The shelters may either be attached, clustered in a group, or a combination thereof.

Farm labor shelter

“Farm labor shelter” means a dwelling unit used exclusively as housing for farm laborers and their immediate family members. Farm labor shelters may either be attached clustered in a group, or a combination thereof. This definition does not include camping or recreational vehicles, or mobile homes.

Feedlot

“Feedlot”. (See “Animal feeding operation” and “Concentrated animal feeding operation”.)

Fence

“Fence” means a barrier intended to prevent escape or intrusion, to mark a boundary or prevents people or animals from entering or leaving and are made of posts and wire or boards.

Final plat

“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 RCW 58.17 and this Title.

Finding

“Finding” means a conclusion reached by the Reviewing Official in a review process and based on the evidence available therein.

Flag

“Flag” means a piece of cloth, attached to a staff or pole, with distinctive colors, patterns or symbols.

Flea market

“Flea market” means an occasional or periodic market usually held in an open area, but which may be held indoors, where an individual or groups of individual sellers offer goods for sale to the public. A key element to flea markets is that there are no long-term leases between the sellers and operators and that often the sellers use their own vehicles for display or set up temporary tables or booths for their wares. (See definition for “Yard sales”).

Flood damage

“Flood damage” means damages within the meaning of this Title shall include harmful inundation, water erosion of soil, stream banks and beds, stream channel shifting and changes, harmful deposition by water of eroded and shifting soils and debris upon property or in the beds of streams or other bodies of water, damages by high water to public roads, highways, bridges, utilities and to works built for protection against floods or inundation, the interruption by floods of travel, communication and commerce, and all other high water influences and results which injuriously affect the public health and the safety of property (RCW 86.16.120).

Flood risk map

“Flood risk map” means the flood boundaries for the 10, 25 and 50-year flood magnitudes as determined by FEMA, and contained in the Yakima County Flood Risk Database.

Floodplain

“Floodplain” means a land area adjoining a river, stream, watercourse or lake that has been determined likely to flood. The extent of the floodplain may vary with the frequency of flooding being considered.

Floodplain, one-hundred year

“Floodplain, one hundred-year” means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. Synonymous with the base flood extent in areas established by the Federal Emergency Management Agency (FEMA), as per FEMA Floodplain Management Bulletin 1-98 Use of Flood Insurance Study Data as Available Data).

Flood-prone

“Flood-prone” means a land area for which a floodway and floodplain has not been determined with respect to any specific flood frequency, but for which the potential for flooding can be identified by information observable in the field such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data.

Floodway

“Floodway” means the regular channel of a river, stream, or other watercourse, plus the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Food preparation

“Food preparation” means a business, service or facility dealing with the preparation of food items for off-site consumption. Includes: confectioneries, catering services and preparation of food items for wholesale.

Forest industries

“Forest industries” include sawmills, shake and shingle mills, chippers, pole yards, log dumps, log sorting and storage areas, scaling stations, temporary crew quarters, forest industry storage and maintenance facilities, forest industry residue dumps and other uses involved in the harvesting and primary processing of timber, provided that:

(1) The intent of the processing is initial reduction in bulk and/or to facilitate transport to secondary processing centers, although it may also include the finishing of lumber into boards, studs, timbers, and similar sawmill type products; and

(2) Such uses shall not include the manufacture of furnished wood products such as furniture, plywood or paper, trusses, laminated products, etc.

Fraternal organizations, lodges and clubs

“Fraternal organizations, lodges and clubs” means a group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and informal written membership requirements. May include eating facilities, or meeting or reception halls.

Full-movement intersection

“Full-movement intersection” means an intersection that allows turns onto and from each intersecting roadway.

Game room

“Game room” means a commercial facility or a portion thereof, open to the general public, in which card games, pool, electronic games, bingo, etc., are played; provided, however, that this definition shall exclude “Social Card Room” as defined herein. Also, see “Meeting Hall”.

Garage

“Garage” means an accessory building or an accessory portion of the main building, designed or used only for storage by the occupants of the main building.

Gift shop

“Gift shop” means a business primarily engaged in the retail sale of combined lines of gifts and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios, crafts, and miscellaneous small art goods.

Glamping

“Glamping” means a form of ‘glamorous camping’ at a transient occupancy facility, where guests occupy detached permanent upscale tent units or similar units (tepees and yurts) and vintage recreational vehicles but which are not conventional hotel, motel or cabin facilities and are not camping as defined within County Code. Payment for accommodations specifically includes overnight lodging, and transient occupancy tax. Glamping facilities with three or more units are licensed under the Department of Health’s transient accommodation license.

Glare

“Glare” means the reflection of harsh, bright light.

Grade

“Grade” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.

Grade plane

“Grade plane” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.

Gross floor

“Gross floor” means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure and including halls, lobbies, enclosed porches and fully enclosed recreational areas and balconies, but excluding stairways, elevator shafts, attic space, mechanical rooms, restrooms, uncovered steps and fire escapes, private garages, carports and off-street parking and loading spaces.

Group home

“Group home” means a place for handicapped, physically or developmentally disabled adults or dependent or pre-delinquent children providing special care in a homelike environment. This definition does not include homes of this nature for six or fewer persons, excluding house parents which are protected by state or federal law as residential uses.

Guest ranch

“Guest ranch” means a specialized camp offering activities such as western ranching and offering sleeping and eating accommodations and outdoor recreational activities directly related to existing ranching operations. Guest ranches with three or more guest rooms are licensed under the Department of Health’s transient accommodation license.

Halfway house

“Halfway house” means residentially oriented facilities that provide:

(1) State licensed group care homes for juvenile delinquents;

(2) Houses providing residence in lieu of institutional sentencing;

(3) Houses providing residence to individuals needing correctional institutionalization; and

(4) Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs. Also see Clean & Sober.

Hard surfaced

“Hard surfaced” means a surface made of Portland cement concrete, asphalt concrete or bituminous surface treatment (BST) materials and constructed following proper engineering practices.

Hazardous materials

“Hazardous materials” means any item listed as hazardous by a Federal Agency, the State Department of Ecology or the Yakima Regional Clean Air Agency.

Hazardous waste

“Hazardous waste” means and includes all dangerous and extremely hazardous waste, including petroleum contaminated soils. Hazardous waste management, treatment or storage facilities, whether on or off-site, are subject to the requirements of Chapter 70.105 RCW and the state siting criteria adopted pursuant to statute.

Hazardous waste generator

“Hazardous waste generator” means any person or site whose act or process produces dangerous waste or whose act or process first causes a dangerous waste to become subject to the Dangerous Waste Regulations, Chapter 173-303 WAC.

Hazardous waste, off-site

“Hazardous waste, 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, on-site

“Hazardous waste, on-site” means hazardous waste treatment and storage facilities that treat and store wastes generated on the same lot.

Hazardous waste, storage

“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

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

Health care facilities

“Health care facilities” means and includes the terms alcoholism/substance abuse treatment facility, hospice, hospital, psychiatric hospital, convalescent or nursing home ambulatory surgical facility, sanitarium that are further defined as follows:

(1) “Alcoholism/substance abuse treatment facility” means a private place or establishment, other than a hospital, licensed by the state and operated primarily for the inpatient treatment of alcoholism and other substance abuse problems. May include outpatient treatment.

(2) “Convalescent or nursing home” means any home place or institution that operates or maintains facilities providing convalescent or chronic care, or both for a period in excess of 24 consecutive hours, who by reason of illness or infirmity are unable properly to care for themselves.

(3) “Hospice care” means palliative care provided to a terminally ill person in a place of temporary or permanent residence that alleviates physical symptoms, including pain, as well as alleviates the emotional and spiritual discomfort associated with dying.

(4) “Hospital” means an institution providing clinical, temporary and emergency services of a medical or surgical nature to human patients that are licensed by state law to provide facilities and services for surgery, obstetrics and general medical practice, as distinguished from clinical treatment of mental and nervous disorders.

(5) “Sanitarium or sanatorium” means a health station or retreat or other place where resident patients are kept, and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and is licensed by state agencies under provision of law to provide facilities and services in surgery, obstetrics and general medical practice as distinguished from treatment of mental and nervous disorders.

Hearing Examiner

“Hearing Examiner” or “Examiner” means that person appointed by the Board of Commissioners in accordance with YCC 2.23.

Historic landmark

“Historic landmark” means an individual site or feature (which may or may not be a structure), or a site with a structure or structures on it, of particular importance because of its unique architectural, historical, cultural, or archaeological features.

Home business

“Home business” means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home.

Home business, major

“Home business, major” means any occupation, that is clearly secondary to the main use of the premises as a dwelling place, and does not change the character thereof or have any exterior evidence of such secondary use (e.g., outward physical appearance, outdoor storage of materials, supplies or vehicles, noise, electrical interference, lighting, vibrations) other than signing as permitted in the zoning district in which it is situated. Major home businesses may be conducted within the dwelling unit, attached or detached garage, or accessory structure, by members of a family residing in the dwelling, and non-resident individuals, when authorized in accordance with Chapter 19.18.

Home business, minor

“Home business, minor” means any occupation that is clearly secondary to the main use of the premises, as a dwelling place and does not change the character thereof or have any exterior evidence of such secondary uses (e.g., outward physical appearance, storage of materials, supplies or vehicles, noise, electrical interference) other than signing, as permitted in the zoning district in that it is situated. Minor home businesses are conducted within the dwelling unit and/or attached garage by members of a family residing in the dwelling. Minor home businesses are limited to those of a service character, but may include limited retail sales directly related to the home business.

Home occupation, business administration

“Home occupation, business administration” means the accessory use of a dwelling as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail and completing paperwork associated with business. This definition does not include manufacturing, sales, repair or other services.

Homeowners association

“Homeowners association” means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities.

Hulk hauler

“Hulk hauler” means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed motor vehicle or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, that may be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal. (RCW 46.79.010).

ICC valuation data

“ICC valuation data” means the latest data adopted by the Building Official representing average cost for most buildings produced from the building valuation data published in the Building Safety Journal by the International Codes Council.

Impervious surface

“Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, patios and other similar structures.

Incompatible

“Incompatible” means the transfer over a property line of negative economic or environmental effects, including but not limited to: traffic, noise, vibration, odor, dust, glare, smoke, pollution, water vapor, mismatched land uses or density, height, or mass, mismatched layout of adjacent uses, loss of privacy, and unsightly views.

Individual on-site sewage disposal system

“Individual on-site sewage disposal system” means an on-site sewage disposal system serving only one lot within a development.

Individual well

“Individual Well” means a water well used for individual use. The well is an excavation or structure created in the ground by digging, driving, boring or drilling to access groundwater in underground aquifers. The well water is drawn by a pump, or using containers, such as buckets, that are raised mechanically or by hand. Wells can vary greatly in depth, water volume and water quality. Well water typically contains more minerals in solution than surface water and may require treatment to soften the water by removing minerals such as arsenic, iron and manganese.

Industrial development, major

“Industrial development, major” means a master planned location for a specific manufacturing, industrial, or commercial business that:

(1) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or

(2) Is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent. The major industrial development shall not be for the purpose of retail commercial development or multi-tenant office parks.

Intensity

“Intensity” means a combination of factors (such as visual appearance and building size, traffic generation, noise, dust, light, and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity the greater the possible impact on neighboring land uses. Generally the intensity of a land use will determine its compatibility with other types of land uses.

Irrigation and/or drainage facilities

“Irrigation and/or drainage facilities” means all irrigation and/or drainage structures, including, but not limited to, standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.

Kennel

“Kennel” means a building, enclosure or portion of any premises in or at which dogs are boarded or kept or maintained by any person other than the owner thereof, or in or at which six or more dogs over the age of four months are kept or maintained. This definition shall include boarding and fostering kennels, rehabilitation centers for other animals, but not pet shops, animal hospitals or zoos.

Kitchen

“Kitchen” means a room or an area equipped with permanent provisions for preparing and cooking food. Such provisions [may] include cabinetry, plumbing and electrical wiring or fuel fixtures for ovens and other cooking appliances whether or not such cabinets, fixtures and appliances are installed.

Kitchen, accessory residential

“Kitchen, accessory residential” means a second kitchen, in addition to the principal kitchen serving the single-family dwelling that is incidental to the primary single-family dwelling and is located in the same dwelling or on the same lot. This definition does not include catering kitchens operated as a home business.

Land

“Land” means a legally created lot, tract, parcel, site or division that is shown on an officially recorded plat or short plat, or is specifically described as a separate unit of property on a deed executed prior to May 28, 1975.

Land Division

See definition of “Division of land”.

Land use

“Land use” means the manner in which land and structures are used.

Landscape architect

“Landscape architect” means a person who, by reason of his special knowledge of natural, physical and mathematical sciences, and the principles and methodology of landscape architecture and landscape architectural design acquired by professional education, practical experience or both, is qualified to engage in the practice of landscape architecture and whose competence has been attested by the State Licensing Board through certification as a landscape architect.

Landscape contractor

“Landscape contractor” means a business licensed by the state and principally engaged in the decorative and functional alteration, planting, and maintenance of grounds.

Landscaping

“Landscaping” means the arrangement and planting of trees, grass, ground cover, shrubs, flowers, xeriscaping, and the placement of site screening, pedestrian or bicycle pathways to achieve functional and/or aesthetic enhancement.

Large on-site sewage system

“Large on-site sewage system” means an on-site sewage system with design flows of between three thousand five hundred gallons per day and one hundred thousand gallons per day.

Legislative body

“Legislative body” means the Board of Yakima County Commissioners.

Linear transmission facility

“Linear transmission facility” means those physical facilities necessary for the distribution of energy resources to serve a broader community or regional area, including but not limited to:

(1) Electrical transmission lines 150 kV or greater;

(2) Pipelines for petroleum or petroleum products with an inside diameter of six (6) inches or greater and exceeding five (5) miles in length;

(3) Pipelines for natural gas, synthetic natural gas, or liquid propane gas with an inside diameter of twelve (12) inches or greater and exceeding five (5) miles in length;

(4) Underground gas storage facilities with capacity exceeding 100x10^6 standard cubic feet per day; and

(5) Other similar utility or energy facilities not meeting the definition of “Utility Services”.

Linear transmission facility, minor revision

“Linear transmission facility, minor revision” means revisions to an existing linear transmission facility that are within the scope of previous environmental review, are generally consistent with permit conditions, and do not constitute a major deviation from the permit. If multiple requests for minor revisions to the same project are submitted, they shall be considered cumulatively.

Livestock event facility

“Livestock event facility” means those uses normally established for the purpose of holding livestock oriented events, such as rodeos, horsemanship competitions, or team penning. This definition also includes practice facilities for such events if open to the public, riding clubs, or other groups.

Loading space

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

Local street system

“Local street system” means the interconnected system of unclassified collectors and local access streets providing access to a development from classified collector or arterial streets.

Lot

“Lot” means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, being of sufficient area and dimension to meet minimum zoning requirements and intended to be used, developed or built upon as a unit, as opposed to a fractional portion thereof.

Lot area

“Lot area” means the total horizontal area within the boundary lines of a lot.

lot, Corner

“Corner lot” means a lot abutting 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 2-2.

Lot coverage

“Lot coverage” means the percentage of the area of a lot covered by buildings, accessory structures, or other impervious surfaces.

Lot depth

“Lot depth” means the horizontal length of a straight line drawn from the mid-point of the front lot line to the midpoint of the rear lot line. See Figure 2-3.

lot, Exterior

“Exterior lot” means any lot located outside the boundaries of a proposed plat or short plat.

lot, Flag

“Flag lot” means a lot or parcel that has access to a road, street or easement, by means of a narrow strip of lot or easement.

lot, Interior

“Interior lot” means any lot located within the boundaries of a proposed plat or short plat.

lot line, Front

“Front lot line” means the property line separating the lot from the road. For the purpose of establishing the front lot line for a corner lot, through lot or flag lot, the following shall apply:

(1) In the case of a corner lot or through lot, the front lot line shall be the property line with the narrowest road frontage, except, the Building Official or his designee, shall designate the front lot line for corner lots or through lots in residential zoning districts.

(2) For a flag lot, when the access easement or right-of-way extends across the lot, the front lot line shall be the line separating the lot from the right-of-way or access easement. When the right-of-way or access easement does not extend across the property, the front line shall be determined by the Building Official. Where the Building Official determines the front of the lot, consideration will be given to owner preference and public safety issues.

lot line, Interior

“Interior lot line” means in the case of zero lot line development, the property line separating a zero lot line from:

(1) Another zero lot line or

(2) Adjoining common open space. See Figure 2-4.

lot line, Rear

“Rear lot line” means the property line that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or where the rear line of the lot is formed by two or more lines, the following shall apply:

(1) For a triangular or gore shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line;

(2) In the case of a trapezoidal lot, the rear line that is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line;

(3) In the case of a pentagonal lot, the rear boundary that includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

lot line, Side

“Side lot line” means any lot boundary line not a front lot line or rear lot line.

lot, Nonconforming

“Nonconforming lot” means a lot that was lawfully established prior to the adoption or applicable amendment of this Title, which fails to conform to the present area or dimensional requirements of this Title, excluding undersized lots as defined below.

lot, Resultant

“Resultant lot” means the newly created unit of property in an application processed in accordance with this Title and is a fractional part of subdivided lands having fixed boundaries. The resultant lot may not contain sufficient area and dimension to meet minimum zoning requirements for width and area if the application altered one or more nonconforming lots in any way. The term shall be synonymous with “new lots” or “newly created lots.”

lot, Taxable

“Taxable lot” is a parcel which appears on the Yakima County Assessor’s map and has been assigned a tax parcel number by the Assessor. Tax parcel numbers are assigned for billing purposes. A tax parcel number is not necessarily an indication that the lot was legally created.

lot, Through

“Through lot” means an interior lot having frontage on two streets.

lot, Undersized

“Undersized lot” means small lots, clustered lots and parcels reconfigured from existing parcels as authorized by Yakima County pursuant to applications submitted after May 20, 1997 renders a resulting parcel undersized rather than nonconforming in status.

Lot width

“Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines, provided that the length of the line constituting the rear line of the required front yard shall never be less than fifty feet.

Low impact design

“Low impact design” means stormwater management and land development strategies that emphasizes conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial and industrial settings. Low impact design addresses stormwater management and land development that is applied at the parcel and subdivisions scale that emphasis conservation and use of on-site natural features.

MAI

“MAI” means an appraisal performed by an appraiser who has completed the MAI Appraisal Institute’s class offerings and holds the designation Member of the Appraisal Institute (MAI).

Manufactured home

“Manufactured home” means a factory assembled single-family dwelling as also defined by WAC 296-150M and built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act. A manufactured home also: includes plumbing, heating, air conditioning, and electrical systems; is built on a permanent chassis; and can be transported in one or more sections. The distinction between a single-wide, double-wide or triple-wide manufactured home relates to the corresponding number of sections the home is delivered to the site. The term shall not include mobile home, recreational vehicle, commercial coach, camping vehicle, travel trailer, tip-out, or any other similar vehicle not labeled as a manufactured home under federal or state law.

Manufactured structure

“Manufactured structure” means a building manufactured with the intent of being transported to a fixed site and constructed in accordance with the International Building Codes as adopted by the County.

Marina

“Marina” means a dock or basin providing moorage for watercraft and may offer supply, repair, rental or other support facilities. A marina may be either open to the public or for private use.

Massage therapy/spa

“Massage therapy/spa” means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well-being. The terms includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact.

Master planned development

“Master planned development” means any urban development approved under Subtitle 19.1 of this Title. Planned Residential Development, Planned Commercial Development, Planned Industrial Development and Planned Mixed-Use Development.

Master planned resort

“Master planned resort” means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on rural destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities.

Meeting or reception hall

“Meeting hall or reception hall” means a facility that groups or organizations come together for meetings and social events. This definition includes private bridge club type card rooms, Grange Halls, etc.

Mid-block pathway

“Mid-block pathway” means a public or private right-of-way across or within a block to be used by pedestrians which may also be used as a utility easement.

Mineral batching

“Mineral batching” includes the batching of sand and gravel or rock into asphalt or cement concrete.

Mineral processing

“Mineral processing” means the crushing, non-chemical washing (including sedimentation ponds), screening, sorting, stockpiling and blending of rock, sand, gravel and other earth, natural materials and/or precious metals. Processing does not include batching of sand and gravel or rock into asphaltic or Portland cement concrete products, the manufacturing of products such as concrete pipe, bricks, concrete forms and the like or the chemical blending or extraction of precious or semi-precious minerals.

Mineral resources

“Mineral resources” means rock, gravel, sand and metallic and non-metallic substances of commercial value.

Mining

“Mining” means all or any part of, the process involved in quarrying, mineral extraction, crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but does not include petroleum or natural gas exploration or production.

Mining site/operation

“Mining site/operation” means a tract of land and the operations necessary to excavate, process, stockpile, or remove materials such as sand, gravel, aggregate, rock or other mineral resources. The retail, wholesale, contract purchase, or transfer of mineral products is within the scope of this definition. For purposes of this Title, the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g. residential subdivision, commercial development, etc.) does not constitute a mining site/operation, if: processing of the material does not occur on the property; the activity is completed quickly, does not occur over an extended period of time, and on-site stockpiles are fully depleted; and a mining permit is not required from the Department of Natural Resources.

Mixed use building

“Mixed use building” means a building in a commercial district or planned development used partly for residential use and partly for a community facility or commercial use.

Mixed use development

“Mixed use development” means use of the land or structure for two or more different uses.

Mobile home

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than HUD Manufactured Housing Code, and acceptable under applicable state codes in effect at the time of construction or the introduction of the home into the state. This definition does not include: modular homes, manufactured homes; park models; or camping vehicles, travel trailers, tip-outs, commercial coaches, recreational vehicles, motor homes and any other similar vehicle that are not intended, designed, constructed or used for residential purposes.

Mobile home park expansion

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

Mobile or manufactured home park

“Mobile or manufactured home park” means a parcel of land utilized for the placement of two or more mobile homes, and/or manufactured homes. Except, this definition does not include permitted mobile home or manufactured home sales lots, or manufactured homes in approved farm labor shelters or centers.

Modification (of use or development)

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

Modular home

“Modular home” means a residential structure that meets the requirements of the International Building Code and is constructed in a factory and transported to the building site. Modular homes are not subject to special review; they are subject to the same review standards as a site built home.

Motel

“Motel” means an individual building or group of attached or detached buildings containing guest rooms, together with conveniently located parking space on the same lot, which are designed, used or intended to be used for the accommodation of automobile transients. The term includes auto courts, motor lodges and tourist courts. See also definition for “overnight lodging facility.”

Multiple occupancy building

“Multiple occupancy building” means a single structure housing more than one retail business, office or commercial venture.

Multiple-use complex

“Multiple-use complex” means a group of two or more uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of calculating sign area each multiple-use complex shall be considered a single use.

Municipal solid waste landfill unit (MSWLF unit)

“Municipal solid waste landfill unit” means a discrete area of land or an excavation that receives household waste, and that is not a land application site, surface impoundment, injection well, or pile, as those terms are defined under Chapter 173-350 WAC, Solid waste handling standards or Chapter 173-218 WAC, underground injection control program. A MSWLF unit also may receive other types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally-exempt small quantity generator waste, and industrial solid waste. Such landfill may be publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion.

Natural stream

“Natural stream” means a natural, e.g. (rivers, rivulet or brook), body of running water flowing on or under the earth that flows in a channel or water-course.

Nonagricultural accessory use

“Nonagricultural accessory use” means nonagricultural accessory uses and activities that are consistent with the size, scale, and intensity of the existing agricultural use of the property and the existing buildings on the site. Nonagricultural accessory uses and activities, including new buildings, parking, or supportive uses, shall not be located outside the general area already developed for buildings and residential uses and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses. (RCW 36.70A.177(3)(b)(ii))

Nonagricultural use

“Nonagricultural use” means one that does not meet the definition of agriculture.

Nonconforming building or structure

“Nonconforming building or structure” means a building or structure that was lawfully established prior to the adoption or applicable amendment of this Title, which fails by reason of such adoption or amendment to conform to the present setback, lot coverage, or other development requirements of this Title.

Nonconforming lot

“Nonconforming lot”. See definition of “Lot, nonconforming”.

Nonconforming use

“Nonconforming use” means a use of land, buildings or structures that were lawfully established prior to the adoption or applicable amendment of this Title and since maintained, that fails by reason of such adoption or amendment to conform to the present land use regulations established by this Title.

Nursery

A “Nursery” means a place where plants are propagated and grown to usable size. They include retail nurseries which sell to the general public, wholesale nurseries which sell only to businesses such as other nurseries and to commercial gardeners, and private nurseries which supply the needs of institutions or private estates. Nurseries may supply plants for gardens, for agriculture, for forestry and for conservation biology.

Nursery, Retail

A “Retail nursery” means a nursery where plants and other related incidental items are sold to the general public. Retail nurseries may or may not grow plants on-site and may or may not include greenhouses.

Nursery, Wholesale

“Wholesale nurseries” are nurseries where plants are sold only to businesses such as retail nurseries, commercial gardeners or landscapers. Wholesale nurseries must grow plants on-site. Wholesale nurseries may or may not include greenhouses.

Occasion

“Occasion” means a special event or a specific time when something is possible or when something will happen.

Occupancy

“Occupancy” means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purposes of this Title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use.

Occupied

“Occupied” means to reside in, make use of for amusement, educational or similar purposes, to make use of for commercial purposes, or to make use of for industrial purposes and includes the term designed or intended to be occupied.

Off-road vehicle (ORV)

“Off-road vehicle (ORV)” means any motorized vehicle designed for or capable of cross-country travel without benefit of a road or trail, or immediately over land, snow, ice, marsh or other wetland types, or other natural terrain. ORV or vehicle includes, but is not limited to, a multi-track or multi-wheel drive vehicle; an ATV; an off-highway vehicle, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle; an amphibious machine; a ground effect air cushion vehicle; or other means of transportation deriving motive power from a source other than muscle or wind.

Off-road vehicle recreation facilities

“Off-road vehicle recreation facilities” means facilities that include motor-cross courses, jeep courses, snowmobile courses and similar facilities where there have been physical improvements made to the property either deliberately or inherently. However, use of “Off-road recreation vehicles” shall not constitute “Off-road vehicle recreation facilities” where the vehicle is:

(1) Used for farming, military, fire, emergency, or law enforcement purposes;

(2) Used by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which the company has an easement;

(3) A construction or logging vehicle used in performance of the vehicle’s common function; or

(4) Agricultural or garden equipment, like tractors or lawnmowers, used for their intended purpose.

Open record hearing

“Open record hearing” means a public hearing, conducted by the Hearing Examiner. The hearing creates the evidentiary record pursuant to procedures prescribed by ordinance or resolution. Open record hearings either result in a recommendation to the Board of Commissioners or a final decision on a project permit application, or constitute an appeal of an administrative decision on a project permit application. See also RCW 36.70B.020(3).

Open space

“Open space” means any land or area, the preservation of which in its present use would:

(1) Conserve and enhance natural or scenic resources; or

(2) Protect streams or water supply; or

(3) Promote conservation of soils, wetlands, beaches, or tidal marshes; or

(4) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or

(5) Enhance recreation opportunities.

As referred to in the clustering provisions of this Title, open spaces also means a defined portion of the property on which no residential, commercial, or industrial buildings are located; except, agricultural buildings and buildings enclosing utility improvements, such as a pumping station or well house. When constructed, such improvements shall be of a nature that will not preclude use of the land for future development once the appropriate zoning, utilities (public water and sewer service) and other infrastructure is in place. Covenants may be required to assure control of noxious weeds, fire hazards, abandoned orchards and other nuisances.

Open space, common

“Open space, common” means open space within or related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development.

Open space, management plan, farm or forest

“Open space, management plan, farm or forest” means a site plan and supporting documents for a defined area that controls the development of the site and identifies permitted uses, construction activities, vegetation and a party or parties responsible for maintaining the site.

Optional consolidated permit review

“Optional consolidated permit review” means that process authorized by RCW 36.70B.060 and 36.70B.120 that is the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action and a designated permit coordinator.

Outdoor amusements

“Outdoor amusements” means those amusements including: fairgrounds, outdoor sports facilities, racetracks, and other similar uses, not otherwise specifically defined.

Outdoor living area

“Outdoor living area” means an on-site area of lawn, garden, court, patio, pool or balcony in addition to the required off-street parking areas, driveways, service areas or areas of unstable slope.

Overnight lodging facility

“Overnight lodging facility” means a commercial establishment consisting of motel and hotel units, cabins, that are permanently established on site and in which there are six or more guest rooms for transient lodging accommodations on a daily rate to the general public. Such establishments may include additional services such as restaurants, meeting rooms, spas, concierge services, and recreational facilities. This definition is inclusive of “glamping,” but does not include mobile homes, camping or recreational vehicles. Overnight lodging facilities are licensed under the Department of Health’s transient accommodation license.

Owner

“Owner” means that person shown on the records of the County Auditor to be the owner of a particular property and in control of that property, and any person, agent, firm, corporation, or partnership that alone, jointly, or severally with others:

(1) Has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof, such as a contract vendor; and

(2) Has charge, care, or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner.

Parcel

“Parcel” means any portion, piece or division of land; fractional part or subdivision of block, according to plat or survey; portion of platted territory measured and set apart for individual and private use and occupancy.

parcel, Remainder

“Remainder parcel” means the remainder parcel of a cluster development, or land division in a zone with flexible parcel sizes. In a cluster development, the remainder parcel contains land within the development and is devoted to open space, resource or other authorized use. The remainder parcel may or may not also include land eligible for further division if the development contains unused density.

Park

“Park” means a public or privately owned area with facilities for active or passive recreation by the public.

Park model

“Park model” means a recreational park trailer, as defined by WAC 296-150P-0020 and approved as such by the Washington State Department of Labor and Industries, as evidenced by a State-plan insignia. (See WAC 296-150P.)

Parking angle

“Parking angle” means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees.

Parking bay

“Parking bay” means the section of a parking facility containing a driveway or parking aisle and containing one or two rows of parking stalls.

Parking lot

“Parking lot” means a facility designed to serve parking for five (5) or more parking spaces.

parking, Off-street

“Off-street parking” means a parking space and associated driveway located beyond the right-of-way of a highway, street or alley.

Parking space

“Parking space” means an off-street area that is paved, drained, maintained and used for the temporary storage of one motor vehicle.

Parking stall

“Parking stall” means a clearly marked area that one vehicle is to be parked, a parking space.

parking, Tandem

“Tandem parking” means the placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space.

Parkway

“Parkway” means a type of limited access roadway that typically includes a landscaped median and landscaping or an open space on either side.

Party of record

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

Permit

“Permit” means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval.

Personal services

“Personal services” means a business providing specialized services such as: interior home or business design, shopping services, except as otherwise regulated.

Personal wind energy tower

“Personal wind energy tower” means a system designed for providing a source of electrical power to an existing or new building or facilities, wherein the power generated is used primarily for on-site consumption and generates 25kW or less. The system consists of a vertical or horizontal wind turbine and associated controls and may include a tower.

Personal wireless services

“Personal wireless services,” as defined in RCW 58.17.040(8), means any federally licensed personal wireless service. This definition also include “personal wireless facilities,” as defined in RCW 58.17.040(8), means unstaffed facilities used for the transmission or reception, or both, of wireless communication services including, but not limited to, antenna arrays, transmission cables, equipment shelters, and support structures.

Pet

“Pet” means a domesticated animal kept for pleasure or as a hobby rather than utility.

Pet day care

“Pet day care” means a building or structure that an agency, person or persons regularly provide care for pets, but not including overnight stays. Uses not meeting this definition shall be considered kennels.

Planning Commission

“Planning Commission” means the Planning Commission duly constituted by the Yakima County Legislative Body.

Planning Division

“Planning Division” means the Yakima County Planning Division of the Public Services Department.

Plat or Regular plat

“Plat” or “Regular plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other division and dedications.

Policy plan map

“Policy plan map” means the official Future Land Use Map adopted in a comprehensive plan or sub-area plan. This definition includes any overlay maps adopted in a comprehensive plan or sub-area plan.

Preliminary plat

“Preliminary plat” is 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 Title. The preliminary plat shall serve as the basis for the approval or disapproval of the general layout of a subdivision.

Preschool

See definition for “Day care center”.

Private access easement

“Private access easement” means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses.

Private road

“Private Road” means a road not accepted for maintenance by the County, the State Department of Transportation, or any other political subdivision of the State.

Private water system

See definition for “Water System, Individual”.

Product assemblage

“Product assemblage” means a business or service involved in assembling products for off-site sales.

Professional business

“Professional business” means a business primarily engaged in administrative or service related functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers, and consultants, or providing administrative governmental services.

Professional land surveyor

“Professional land surveyor” means an individual licensed by the state to practice land surveying under the provision of RCW 18.43. Synonymous with Surveyor.

Project permit or project permit application

“Project permit” or “project permit application”, or “project application”, or “permit”, means any land use or environmental permit or license required for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional use permits, Shoreline permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or sub-area plan, but excluding the adoption or amendment of a comprehensive plan, sub-area plan, or development regulations, except as otherwise specifically included in this Section. See also RCW 36.70B.020(4).

Property owner

“Property owner” means the legal owner or owners of the property.

Public buildings and uses

“Public buildings and uses” means those public or quasi-public buildings and uses of a public works, public service, public safety or public utility nature not defined or listed elsewhere in this Title. These buildings and uses characteristically may be hard to locate, need close proximity to utility corridors, require a location within a service area or specific site, or need access onto an urban arterial or rural collector. Such buildings and uses include, but are not limited to: water towers, park & ride lots, interpretive centers, rest stops, parks and road maintenance stockpile sites, road de-icer structures, government-owned fueling stations and the like.

Public facilities

“Public facilities” means and includes streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, storm and sanitary sewer systems, water systems, parks and recreational facilities and schools.

Public hearing

“Public hearing” means a meeting open to the public that is announced and advertised in advance that the public is given an opportunity to participate.

Public meeting

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government’s project permit application fee. See also RCW 36.70B.020(5).

Public nuisances

“Public nuisances” means any use, activity or structure that interferes with the enjoyment and use of one’s property by endangering personal health or safety and/or failing to conform with the provisions, intent, or standards of the district that the use, activity or structure occurs. (Also see YCC Title 13.) This definition includes any violation of the provisions of this Title. Any violation of this Title shall be subject to prevention or abatement in an action at equity to the same extent as are other public nuisances.

Public road

“Public road” means an improved road maintained by a city, the State, the County or the federal government.

Public sewer system

“Public sewer system” means a sewerage system that is owned or operated by a city, town, municipal corporation, County, political subdivision of the State, or other approved ownership consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal and approved or under permit from the Department of Ecology. Also see definition for “Community on-site sewage disposal system”.

Public water system

“Public water system” means a water system serving two or more non-farm residences. See WAC 246-290-020. Also see definition for “Water System, Public” and definition for “Community water supply system”.

Public water system, area-wide

“Public water system”. See definition for “Water supply system, Area-wide”.

Rapid charging station

“Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

Recreational screen

“Recreational screen” means a protective device for recreational purposes designed to keep recreational equipment within or outside of a designated area. Such uses are typically associated with schools, parks, golf courses, swimming pools, ball fields and playgrounds.

Recreational use

“Recreational use” means and includes a wide range of establishments that operate facilities or provide services to meet varied cultural, entertainment, and recreational interests of their patrons. Such establishments typically operate facilities or provide services that enable patrons to:

(1) Participate in recreational activities, such as physical exercise, golf, bowling, swimming, skating, shooting, boating or other amateur sporting activities; or

(2) Pursue amusement, hobby, and leisure-time interests, such as hunting, fishing, sightseeing, gambling, scenic touring and other forms of tourism.

Recreational vehicle

“Recreational vehicle” means a vehicle built on a single chassis and designed to be self-propelled or towed by another vehicle. A recreational vehicle is not designed or intended for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. This definition includes vehicles such as travel trailers, motor homes, boats, houseboats, and campers not meeting the specifications required for a manufactured home or mobile home.

Recreational vehicle park

“Recreational vehicle park” means a facility, governed by a set of public or private management rules that accommodates recreational vehicles on camping spaces. A recreational vehicle park is distinguished from a campground in that all or some of the camping sites provide recreational vehicle utility connection assemblies to enable the camping unit to connect to water, sewage disposal, electric power, telephone and sometimes cable television.

Recycling center

“Recycling center” means a facility where discarded household products, such as aluminum and tin cans, glass, paper, plastic and other similar products are deposited, packed and stored for future reprocessing.

Refuse landfill

“Refuse landfill” means an area devoted to the disposal of refuse, including incineration, reduction, or disposal of ashes, garbage, combustible or noncombustible refuse, offal or dead animals. This definition shall include municipal solid waste landfills, inert waste disposal sites, and demolition waste disposal sites as those terms are defined by Washington Administrative Code.

Registered design professional

“Registered design professional” means an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state.

Registered engineer

“Registered engineer” means an individual, licensed by the state to practice civil engineering.

Reserve strip

“Reserve strip” means a narrow strip of land located on the property of a proposed development permanently dedicated by the property owner to the county/city for the purpose of granting to the county/city the right to control the access of motor vehicles to and from the property.

Residential care facility

“Residential care facility” means a facility that is licensed to care for at least five functionally disabled persons.

Residential density

“Residential density” means the number of dwelling units per net acre of land. This term includes dwelling unit density.

Resource lands

“Resource lands” means those lands that are designated by the comprehensive plan as having long term commercial significance for the production of agricultural products, timber or the extraction of minerals.

Restaurant

“Restaurant” means an establishment where food and beverages are prepared, cooked, served, and consumed primarily within the principal building.

Retail services

“Retail services” means uses providing services, as opposed to products to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices and uses providing health education and social services.

Retail trade

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

Retirement home

“Retirement home” means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. Such establishment may offer minimal convenience services, but focus on attracting elderly residents so as to provide a social support system among the residents. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums.

Reviewing Official

“Reviewing Official” means Administrative Official, Building Official, Hearing Examiner, or the Board of County Commissioners, when engaged in any review or decision-making procedure under the provision of the Titles of Yakima County Code listed in Section 16B.01.020.

Rezone

“Rezone” means to change the zoning district classification of particular lots or parcel of land.

Right-of-way, public

“Right-of-way, public” means land deeded or dedicated to, or purchased by Yakima County for existing or future public pedestrian or vehicular access.

Road

“Road” means an open way for vehicles, persons and animals, especially one lying outside of an urban district, that is improved (and maintained) portions of a right-of-way, easements, dedications, or similar reservations, that provide vehicular circulation or principal means of access to abutting properties. The improvements may also include utilities, pedestrian walkways, open space and recreation areas, cut and fill slopes, and drainage. “Road” also means street.

Road improvement district

“Road improvement district” means a special assessment district established in accordance with RCW 36.88 for the purpose of improving a road or roads for the benefit of adjacent to property owners.

road, Local access

“Local access road” means a public road not designated as a principal arterial, minor arterial, or collector arterial by the County. The primary purpose of a local access road is to connect property along the local access road with the arterial street system.

road, Private

“Private road” means a road not designed, built, or maintained by Yakima County, the Washington State Department of Transportation or any other political subdivision of the state. This definition does not include driveways. (Also see the definition of “access easement.”)

road, Public

“Public road” means the physical improvement of the public right-of-way, including, but not limited to, surfacing, curbs, gutters and drainage facilities which is maintained and kept open by Yakima County or the State of Washington for public vehicular and pedestrian use.

Road, Yakima County System access

“Yakima County System access road” means a public road accepted into the County system and maintained by Yakima County for public use.

Satellite Management Agency

“Satellite Management Agency” – means an individual, purveyor, or entity approved by DOH (pursuant to WAC 246-295) to provide ownership and/or management and operation services to water systems.

Satellite utility system

“Satellite utility system” means a public or privately owned community water or sewer system that is operated as independent system until it can be included as part of a larger system.

School

“School” means a structure and accessory facilities that prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private or parochial school.

school, Vocational

“Vocational school” means the commercial use of a structure or land for teaching arts, crafts, or trades.

Seasonal agricultural land use

“Seasonal agricultural land use” means outdoor crop production as used in the context of use of existing gravel roads in Section 19.23.060 and includes use of a related agricultural building such as a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, to be used only by the property owner or his or her agent in the conduct of farming the property. This definition excludes other types of commercial structures and activities, such as dairies, wineries with tasting rooms and agricultural tourist operations.

Second hand store

“Second hand store” means a retail business that primarily sells used goods such as clothing, household items, books, furniture, appliances and other merchandise not generally considered to be antiques. (See “Antique store”.)

Segregation

“Segregation” means any division of land undertaken by the County Assessor for taxation purposes. Such segregations may not constitute lots or parcels for development purposes.

Setback

“Setback” means the minimum horizontal distance required from the property line to the wall line of a building or structure, except where otherwise specified by this Title.

Setback, front

“Front setback” means the minimum horizontal distance measured perpendicularly from the centerline of the adjacent right-of-way to the nearest wall of the structure. Where there is a partial right-of-way, the setback shall be measured perpendicularly from the design centerline.

Setback, side and rear

“Side and rear setback” means the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest wall of the structure. Except, that a side setback on a corner lot, along the adjacent right-of-way shall be measured perpendicularly from the centerline of the right-of-way. When there is a partial right-of-way, the setback shall be measured perpendicularly from the design centerline.

sewer system, Community

“Community sewer system” means small, self-contained sewage treatment facilities built to serve developed areas generally found outside public sewer service areas.

sewer system, Individual

“Individual sewer system” means a system designed and constructed on-site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system.

sewer system, Regional

“Regional sewer system” means a sanitary sewer system operated by a municipality or special purpose district, including facilities to collect, transmit, store, treat or dispose of wastewater.

Short plat

“Short plat” means the map or representation of a short subdivision.

Short subdivision

“Short subdivision” means the division or re-division of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. However, the number of lots, tracts or parcels to be regulated as short subdivisions may be increased within Urban Growth Areas to maximum of nine, as authorized by RCW 58.17.020(6).

Short-term Rental

“Short term rental” is a residential dwelling unit, or portions thereof, that are rented to overnight guests for less than 30 consecutive days.

Sign

“Sign” means letters, figures, symbols or logos, with or without illumination, on any medium, including its structural component parts, used or intended to attract attention to the subject matter that identifies, advertises, and/or promotes a product, good, service, place, person, firm, merchandise, point of sale or business. A sign also includes any item attached to sign structures, such as balloons, streamers, pennants, flags, inflatables or similar devices intended to attract attention.

sign, Abandoned

“Abandoned sign” means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign that pertains to any occupant, business or event unrelated to the present occupant or use that is not an allowed off-premises sign. Abandoned sign also includes signs that are broken, defaced, faded, rusted, peeled or otherwise deteriorated and are not repaired within 30 days after the County provides notice of the condition.

Sign area

“Sign area” means that area contained within one or more perimeters that enclose the entire sign cabinet, and a rectilinear shape encompassing individual letters with no background, but excluding any support or framing structure that does not contain a logo or other symbol which advertises or promotes merchandise, services, goods, or entertainment. For example: the sign area in Figure 8-1 is the sum of the areas of the sign faces “a”, “b” and “c”.

sign, Balloon

“Balloon sign” means one or more balloons used as a permanent or temporary sign.

sign, Banner

“Banner” means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges that is not a “flag” as defined herein.

sign, Billboard

“Billboard, sign” means a large outdoor advertising sign containing a message, commercial or otherwise, usually unrelated to the use or activity on the property on which the sign is located and/or to any use or activity in the immediate area (such as is the case with an off-premises sign) and which is customarily leased for commercial purposes.

Sign cabinet

“Sign cabinet” means the module or background containing the advertising message, but excluding sign supports, architectural framing or other decorative features, that contain no written or advertising copy.

sign, Canopy

“Canopy sign” means any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area.

sign, Changing message center

“Changing message center sign” means an electronically or manually controlled sign where different automatic changing messages and/or images, are shown on the lamp bank. This definition does not include video signs.

sign, Directional

“Directional sign” means a sign erected for the purpose of facilitating or controlling the efficient and safe movement of pedestrians or vehicles within a multi-tenant development. See also “off-premises directional sign” and “on-premises directional sign.” See definitions for “Off-Premises direction sign” and “On-Premises direction sign”.

sign, Flag

See definition for Flag.

sign, Flashing

“Flashing sign” means an electric sign or a portion thereof (except: changing message center sign or video sign) that changes light intensity in a sudden transitory burst, or switches on and off in a constant pattern in which more than one-third of the non-constant light source is off at any one time.

sign, Freestanding

“Freestanding sign” means any sign supported by one or more uprights, poles or braces in or upon the ground.

sign, Freeway

“Freeway sign” means an on-premises sign for certain businesses near Interstate Highway 82, in accordance with YCC 19.20.150.

sign, Hazardous

“Hazardous Sign” means a sign that by reason of inadequate maintenance, dilapidation, or obsolescence creates a hazard to public health, safety or welfare.

Sign height

“Sign height” means the vertical distance measured from the grade below the sign or upper surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign.

sign, Kiosk

“Kiosk” means a system or display placed in a public place that enables consumers to have instant access to information and directions related to specific services and attractions.

Sign manufacturing and assembly

“Sign manufacturing and assembly” means the design, manufacturing and assembly of metal cased, thermo-formed, wooden, stone, neon, internally lit or electronic signs.

sign, Monument

“Monument sign” means a freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.

sign, Off-Premises

“Off-Premises sign” means a sign that advertises or promotes a place other than on the property on which said sign is located.

sign, Off-Premises directional

“Off-Premises directional sign” means an off-premises sign with directions.

sign, On-Premises

“On-Premises sign” means a sign incidental to a lawful use of the premises on which it is located.

sign, On-Premises directional

“On-Premises directional sign” means a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on-site locations.

sign, Permanent

“Permanent sign” means a sign constructed of weather resistant material and intended for permanent use and that does not otherwise meet the definition of “temporary sign” or fall under any other provision of the sign code.

sign, Portable

“Portable sign” means a sign made of wood, metal, plastic or other durable material that is not permanently attached to the ground or a structure. This definition includes sidewalk signs, sandwich boards and portable reader boards.

sign, Projecting

“Projecting sign” means a sign, other than a wall sign, that is attached to and projects from a structure or building face.

sign, Roof

“Roof sign” means a sign erected or mounted on a roof of a building or that is wholly dependent upon a structure, building and/or projects above the highest point of a building with a flat roof, the eave line of a gambrel, gable or hip roof or the deck line of a building with a mansard roof.

Sign setback

“Sign setback” means the horizontal distance from the property line to the nearest edge of the sign.

sign, Subdivision identification

“Subdivision identification sign” means a sign consisting of the name of a residential subdivision.

sign, Temporary

“Temporary sign” means any sign; poster; placard; stake sign or sign not placed in the ground or other means to provide permanent support, stability or rot prevention; banner; pennant; valance; or advertising display constructed of cloth, paper, canvas, cardboard, or other light non-durable materials used temporarily and is not permanently mounted, painted or otherwise affixed to a permanent structure or building. Temporary signs may only be made of non-durable materials including, but not limited to, paper, corrugated board, flexible plastics, foamcore board, and/or signs painted with water soluble paints or chalks. Signs made of other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter.

sign, Video

“Video sign” means an LED sign that displays all types of information from videos and commercials to flash animation and computer graphics, images and text in any combination.

sign, Wall

“Wall sign” means any on-premises sign attached to or painted directly on or erected against and parallel to the wall of a building. This definition includes canopy signs.

sign, Window

“Window sign” means any sign, picture, symbol or combination thereof, designed to communicate information that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

Site improvement

“Site improvement” means any structure or other addition to land.

site improvement, Required

“Required site improvement” means any specific design, construction requirement or site improvement that is a condition of approval for any permit issued under the provisions of this Title or is a part of any site plan approved under the provisions of this Title.

Site plan

“Site plan” means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the sizes and location of existing buildings on the lot, and the location and dimensions of the proposed building, structure or alteration. The site plan incorporates such additional factors as landscaping, drainage, and others as may be specified.

Social card room

“Social card room” means a commercial facility or portion thereof, open to the general public, that house-banked social card games are played, as that term is defined by RCW 9.46.0282 (or as the same may be subsequently amended hereafter), or in which other activities occur that constitute gambling and are authorized by the Washington State Gambling Commission under RCW 9.46.070 (or as the same may be subsequently amended hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with, slot machines (whether mechanical or electronic) or any gambling activity engaging in the use of, or associated with, any other electronic mechanism including video terminals.

Solid Waste

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid materials that are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes, but is not limited to sludge from wastewater treatment plants and septage, from septic tanks, wood waste, dangerous waste and problem wastes.

Solid waste drop box site

“Solid waste drop box site” means a location for the placement of a drop box facility for disposal of solid waste and recyclable materials.

Solid waste transfer station

“Solid waste transfer station” means a permanent, fixed location for the disposal of solid waste and recyclable materials for transport to a waste handling facility.

Special flood hazard area

“Special flood hazard area” means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one percent or greater chance of flooding in any given year; commonly known as the one-hundred-year floodplain (base flood).

Specialty food store/food store, specialty

“Specialty food store/Food store, specialty”. See “Delicatessen”.

standard, General

“General standard” means any standard not capable of precise numerical definition, but which expresses the policies of the community in this Title and which may be applied by the Reviewing Official during Type 1, Type 2 or Type 3 review.

standard, Specific

“Specific standard” means those numerical standards established in Chapters 19.10.

State Environmental Policy Act (SEPA)

“State Environmental Policy Act (SEPA)” – “SEPA” means the State Environmental Policy Act (Chapter 43.21C RCW), its implementing rules (Chapter 197-11 WAC), and the County’s SEPA procedures.

Stockpiling of Earthen materials

“Stockpiling of Earthen materials” means permanent and/or continuous use for storage of rock, gravel, rubble, sand or soil.

Storage facilities, bulk

“Storage facilities, bulk” means either enclosed (see warehouse) or outdoor areas designed for the storage of either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking/dismantling yards or vehicle sales lots. All stored vehicles must be licensed and operational as defined by YCC Chapter 13.11, unless use is automotive wrecking/dismantling.

Storage facilities, commercial

“Storage facilities, commercial” means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials. All stored vehicles must be licensed and operational as defined by YCC Chapter 13.11, unless use is automotive wrecking/dismantling.

Storage facilities, mini

“Storage facilities, mini” means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations or businesses for self-service storage of personal property, and/or recreational vehicles within the structure or screened fenced areas where allowed. All stored vehicles must be licensed and operational as defined by YCC Chapter 13.11, unless use is automotive wrecking/dismantling.

storage, Vehicle

“Vehicle storage” means keeping vehicles on a given site that are not actively used by the principal occupants of the site. This definition does not include automotive wrecking/dismantling yards or vehicle sales lots. All stored vehicles must be licensed and operational as defined by YCC Chapter 13.11, unless use is automotive wrecking/dismantling.

Streams

“Streams” means water contained within a channel, either perennial or intermittent, in which fish may spawn, reside, or through which they may pass. Streams include natural watercourses modified by man. They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses.

Street

“Street” means public or private road.

Street frontage

“Street frontage” means the length in feet of a property line or lot line bordering a public road or street. For corner lots each street-side property line shall be a separate street frontage. The frontage for a single use or development on two or more lots shall be the sum of the individual lot frontages.

Structural alterations

“Structural alterations” means:

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

(2) Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure.

Structure

“Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, and as defined under Title 13.

structure, Temporary

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

Subdivider

“Subdivider” shall be defined as a person, including a corporate person, who undertakes to create, alter or expand a subdivision or short subdivision.

Subdivision

“Subdivision” is the division or re-division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

Substantial completion

“Substantial completion” when referring to transportation facilities, means that all public or private facilities are constructed, functional and operational, even though they may not be fully completed nor provisionally accepted, including sewer and water systems, storm drainage facilities and street improvements (including construction of the initial lift of asphalt or other approved surfacing), but not necessarily including sidewalks, or electrical, gas, telephone or cable services; and that the project is in full compliance with the erosion control ordinance.

Substantial improvements

“Substantial improvements” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure either:

(1) Before the improvement or repair is started; or

(2) Before the damage occurred to a structure that has been damaged and is being restored.

For the purpose of this definition “substantial improvements” occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The total value of all improvements to an individual structure undertaken subsequent to October 1, 1995, the effective date of the amended Title 16A, shall be used to define “substantial improvements” for said structure. The term does not, however, include either:

(1) Any project for improvement to a structure to comply with existing state or local health, sanitary or safety code specifications that are solely necessary to assure safe living conditions, or

(2) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Swimming pool

“Swimming pool” means a contained body of water, used for swimming or bathing purposes, either above ground level or below ground level, with the depth of the container being more than eighteen (18) inches or they are being more than thirty-eight (38) square feet.

Tasting room

“Tasting room” means a facility at which guests may sample and purchase alcoholic beverages and where retail sales of merchandise related to the products being tasted are sold. Level 1 food service may be offered, subject to Yakima Health District licensing, not to exceed the terms of the development authorization and zoning district.

Tavern

“Tavern” means an establishment operated primarily for the sale of wine and beer.

Technical equipment

“Technical equipment” means medical, dental, fire suppression, restaurant, etc.

Tent

“Tent” means a temporary structure, enclosure or shelter constructed of fabric or pliable material supported in any manner, except by air or the contents it protects.

Towing services

“Towing services” means a service to haul or tow vehicles for service, repair or temporary storage. Any facility except for wrecking yards, storing a vehicle as required under RCW 46.55. Hulk Haulers are not included under this definition.

Tract

“Tract” means land reserved for specified uses including, but not limited to, reserve tracts, recreation, open space, critical areas, surface water retention, utility facilities and access. Tracts are not considered lots or building sites for purposes of residential dwelling construction.

Transient

“Transient” means any guest, resident, or other occupant to whom lodging and other services are furnished under a license to use real property for less than one month or less than thirty continuous days if the rental period does not begin on the first day of the month. An occupant remaining in continuous occupancy for thirty days or more is considered a nontransient upon the thirtieth day. An occupant who contracts in advance and does remain in continuous occupancy for the initial thirty days will be considered a nontransient from the start of the occupancy. (WAC 458-20-166(2))

Transient accommodation

“Transient accommodations” means any facility such as a hotel, motel, condominium, resort or any other facility or place offering three or more lodging units to travelers and transient guests. (RCW 70.62.210(1))

Transmission lines

“Transmission lines” means 150 kV or greater electric voltage lines, carry the bulk transfer of electrical energy, from generating power plants (in this case, the energy resource facilities) to substations.

Transportation brokerage offices

“Transportation brokerage offices” means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo. These land uses are regulated under YCC Title 19.18.495 Transportation Related Businesses.

Travel agency

See definition for “Professional Business”.

Tree well

“Tree well” means an opening in the ground surrounding the base of the tree trunk not covered by sidewalk or paving.

Unclassified collectors

“Unclassified collectors” means a collector street or road that is not part of the federally classified system.

U-Pick

“U-Pick” means a (U-pick or pick your own) farm that is a type of farm where customers are allowed to harvest their own produce.

Urban Area, FHWA

“Urban Area, FHWA” means that area designated urban by the Federal Highway Administration.

Urban Growth Area

“Urban Growth Area” means that area where growth is expected to occur the next twenty years; and, based on studies to date, the area in which urban level public services can be most economically provided.

Urban services

“Urban services” means and includes, but is not limited to public water or sewer lines, neighborhood parks, street lights, police and fire protection.

Urbanizing

“Urbanizing” means to make urban in nature or character.

Use

“Use” means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied or maintained together with any associated site improvements.

use, Administrative

“Administrative use” means those uses set forth and defined in the text and tables of Chapter 19.31 of this Title and are generally permitted throughout the district. However, review by the Administrative Official is required in order to ensure compatibility with: the intent and character of the district, the provisions and standards of this Title, and the policies of the Comprehensive Plans.

use, Conditional

“Conditional use” means those uses set forth and defined in the text and tables of Chapter 19.31 of this Title and are considered generally incompatible with adjacent and abutting property because of their size, emissions, traffic generation, neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Conditional uses may be permitted by the Hearing Examiner when he determines, after holding a public hearing that the use complies with provisions and standards of this Title; and that difficulties related to the compatibility, the provisions of public services and the policies of the Comprehensive Plans have been adequately resolved.

use, Existing or development

“Existing use or development” means a use or development legally existing or legally established prior to the effective date of this Title has been or would be classified under this Title as a permitted, administrative or conditional use in a particular district even though the use has not been through Type 1, 2, or 3 review and may or may not conform to the standards of this Title. This definition includes any existing permitted, administrative or conditional use with an approved modification under Chapter 19.35.

use, Permitted

“Permitted use” means those uses set forth and defined in the text and tables of Subtitle 19.1 of this Title are considered compatible and are permitted on any site in the district provided district standards are met. The Administrative Official shall review permitted uses for compliance with the provisions and standards of this Title.

use, Principal

“Principal use” means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted.

use, Temporary

“Temporary use” means a use established under Section 19.18.480 for fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Utilities

“Utilities” means those businesses, institutions, or organizations which use pipes or conductors, in, under, above, or along streets, alleys or easements to provide a product or service to the public.

Utility services

“Utility services” means electric substations, gas metering stations, sewer lift stations, telephone and communications relay or switching stations, municipal/public water works (including pumping stations and reservoirs), power booster or conversion plants, and similar utility facilities, all with their necessary buildings, apparatus or appurtenances thereto. For purposes of this Title, “Utility Services” does not include linear transmission facilities, local transmission and collection lines, pipes, conductors, or utilities located underground. Utility services are not subject to the minimum lot size requirements of the zoning district in which they are located (except as required for domestic water, sewage disposal and soil percolation rates), provided that they meet all other requirements of the zoning district in which they are located.

Variance

“Variance” means a modification of the specific regulations of this Title in accordance with the terms of this Title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district.

Veterinary clinic

See definition for “Animal clinic/hospital”.

Vision clearance triangle

“Vision clearance triangle” means a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving the intersection.

Warehouse

“Warehouse” means a structure used for the storage of goods and materials. Does not include AG related materials.

Waste material processing and junk handling

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

Wastewater spray field

“Wastewater spray field” means a field that is irrigated with wastewater or treated sewage. May include storage lagoons utilized solely for storing wastewater before spraying, but not other wastewater treatment facilities. The application of agricultural waste or treated sewage at agronomic rates for soil enhancement or fertilizer purposes is excluded from this definition. Excludes sprayfield for wastewater defined as hazardous pursuant to Chapter 70.105 RCW.

Water supply system, Area-wide public

“Area-wide public water supply system” means a large Group A public water system designed to expand and serve a broader geographic area.

Water system, public

“Water system, public” means any system subject to the State Board of Health Drinking Water Regulations, Chapter 246-290 WAC, providing piped water for human consumption including:

(1) Any collection, treatment, storage or distribution facilities which are under the control of the purveyor and used primarily in connection with the system, and

(2) Any collection or pretreatment storage facilities which are not under the control of the purveyor but are primarily used in connection with the system.

Group A public water system:

(1) With 15 or more service connections, regardless of the number of people; or

(2) Serving an average of twenty-five or more people per day for 60 days within a calendar year, regardless of the number of service connection.

Group B public water system: a public water system which is not a Group A water system. This would include a water system with fewer than 15 service connections and serving:

(1) An average of fewer than 25 people for 60 or more days within a calendar year.

(2) Any number of people for fewer than 60 days within a calendar year. Also see definition for “Community water supply system”.

Public water system excludes a system serving only one single-family residence or a system with four or fewer connections all of which serve residences on the same farm.

Water Users Association (WUA)

“Water Users Association (WUA)” means a group of water users who pool their financial, technical, material and human resources for the operation and maintenance of a water system. A WUA membership depends on one’s relationship to a water source, such as groundwater.

Well

“Well” means a hole made to draw up fluids: a hole or shaft that is dug or drilled into the ground in order to obtain water, brine, petroleum, or natural gas; and/or a source of something: a source providing a freely and abundantly available supply of something.

Well control zone

“Well control zone” means a sanitary control area defined by WAC 246-291-125.

Wholesale trade

“Wholesale trade” means those uses primarily engaged in the sale of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers.

Wind energy tower, personal

“Wind energy tower, personal” means a system designed as providing a source of electrical power to an existing or new building or facilities, wherein the power generated is used primarily for on-site consumption and generates 25kW or less. The system consists of a vertical or horizontal wind turbine and associated controls and may include a tower.

Winery

“Winery” means a facility where wine is processed and manufactured. A winery is specifically designed to include, at a minimum, two or more of the following: vineyards, crushing, fermentation, and barrel aging of wine. A winery may also include any of the following: barrel rooms, bottling rooms, tank rooms, laboratories, and offices. Uses that are clearly incidental to the production of wine are allowed accessory uses to a winery. These may include, but are not limited to, the following: bottling, case goods storage, retail and/or wholesale sales of wine, employee day care, tours, tasting and sales rooms when they are accessory to the on-site production facility and, ancillary retail sales, picnic areas, and food service. Food service is limited by the type of Yakima Health District License, Agricultural Tourist Operation or commercial zoning district where the winery is located.

Wrecking yard

“Wrecking yard” means the place of business where motor vehicles or parts thereof are kept by a motor vehicle wrecker subject to State regulation (Chapter 46.80 RCW).

Xeriscape

“Xeriscape” means landscaping characterized by the use of vegetation that is drought-tolerant or of low water use in character.

Yard

“Yard” means an open space, other than an enclosed court, on the same lot with the structure, unoccupied from the ground upward.

Yard, front

“Yard, front” means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure.

Yard, rear

“Yard, rear” means the open area at the rear of the structure extending the entire width of the lot and measured from the structure to the rear property line.

Yard sale

“Yard sale” means a temporary event for the surplussing of unwanted items as an accessory use to a residence or business, in which the event does not exceed 3 days in duration or occur more than twice per calendar year. A yard sale is considered to be occurring whenever goods are on display with the clear intent for public viewing and purchase, and/or there is a sign that announces or publicizes a yard sale. The term “yard sale” includes garage sales, patio sales, estate sales, and moving sales. “Yard sales” do not include flea markets, junkyards, second hand stores, auction houses, and yard sale events not meeting the terms of this definition.

Yard, side

“Yard, side” means an open area between the side wall line of the structure and the side line of the lot.

Yurt

“Yurt” means a typically circular, domed, portable tent.

Zero lot line

“Zero lot line” means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line.

Zoning district

“Zoning district” means a mapped portion of the unincorporated territory of the County within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open spaces are required and specific lot areas established, all as set forth and specified in this Title. This definition also includes the terms “zone” and “use district”.