§ 17.02.020. Definitions.
For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. Webster's Ninth New Collegiate Dictionary, 1983, shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as illustrations, but are not intended to restrict a more general definition.
"Access driveway" means an entrance roadway from a street or alley to a parking facility.
"Access easement" means any private easement for the purpose of ingress and egress that is not dedicated to the public.
"Accessory building" means a building housing an accessory use. For the purposes of this title, awnings, covered porches, and patios, when attached to the principal structure, shall be considered part of the main building. However, garages (whether attached or unattached) shall be considered as an accessory structure.
"Access use" means a use that is subordinate and incidental to a principal use.
"Administrative official" means the duly appointed development coordinator of the city of Union Gap.
"Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced photography, panorama, peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provides materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of nudity or specified sexual activities. "Panorama" or "peep show" means any device which, upon insertion of a coin or by any other means, exhibits or displays a picture or view by film, video, or by any other means.
"Adult bookstore," "adult novelty store," or "adult video store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or revenues, substantial meaning twenty percent or more, for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of nudity or specified sexual activities. It shall be a rebuttable presumption that twenty percent of a business' stock-in-trade or revenues is considered substantial. An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing nudity or specified sexual activities, and still be categorized as adult bookstore, adult novelty store, or adult video store, such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe nudity or specified sexual activities.
Adult Day Care Center. See "day care facility."
"Adult entertainment" means any dance, amusement, show, display, exhibition, pantomime, modeling, or any other like performance of any type for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by the performer's nudity, as defined in Ordinance No. 1914, or the exhibition of specified sexual activities also defined in Ordinance No. 1914, or which emphasizes and seeks to arouse or excite the patron's sexual desires.
"Adult entertainment business" means an "adult arcade," "adult bookstore," "adult novelty store," "adult video store," "adult motion picture theater," and "exotic dance studio," more specifically defined in this section.
"Adult family home" means a regular family abode in which a person or persons provides 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. Adult family homes shall be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.
"Adult motion picture theater" means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions characterized by the depiction or description of nudity or specified sexual activities are regularly shown for any form of consideration.
"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. An agricultural building shall not be used for human habitation, processing, treating, or packaging agricultural products; nor shall it be a place used by the public.
"Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off-site, but may include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products and some limited non—food items. This definition does not include the sale of livestock.
"Agricultural related industry" means specifically:
1.
"Packaging plants" may include, but are not limited to, the following activities: washing, sorting, crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Does not include processing activities, slaughterhouses, animal reduction yards, and tallow works.
2.
"Processing plants" may include, but are not limited to those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughterhouses or rendering plants.
3.
"Storage facilities" include controlled atmosphere and cold storage warehouses and warehouses for the storage of processed and/or packaged agricultural products.
"Agricultural stand" means a structure up to one thousand square feet in area, used for the retail sale of agricultural products, excluding livestock, grown on the premises.
"Agriculture" means the tilling of soil, raising of crops, and horticulture.
"Airport hazard" means any structure, tree, or use of land which hinders or obstructs the airspace required for the safe operation of aircraft in or around an airport.
"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.
"Airport incompatible land use" means uses deemed incompatible within the airport safety overlay including but not limited to:
1.
Those land uses located in an area bounded by the limits of the approach surface and 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 home parks, schools, places of public assembly, and multi-family residential uses;
2.
Those land uses constituting airspace obstructions.
"Airport reference point" means the highest point of an airport's usable landing area, measured in feet above mean sea level.
"Airport 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.
"Airspace obstruction" means any structure, tree, land mass, smoke, stream, or use of land which penetrates the primary, approach, transitional, horizontal, or conical surface of the Yakima Airport/McAllister Field.
"Alley" means a public thoroughfare or way thirty feet or less in width, dedicated to the city of Union Gap for public use, which provides only a secondary means of access to abutting property.
"Amendment" means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map.
"Amusement park" means a permanent 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.
"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 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.
"Appeal" means a request for review of a reviewing official's decision, determination, or order of interpretation of any provision of this title.
"Applicant" means a person submitting an application for any permit, or approval required by this title, who is the owner of the subject property or the authorized agent of the owner.
"Application for development" means the application form and all accompanying documents and exhibits required by this title or the responsible official.
"Arterial" means a principal or minor arterial as shown in the optimal arterial street plan adopted in the Union Gap comprehensive plan.
"Attached" means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roofline, or in the case of multi-story buildings, by a common ceiling/floor(s).
"Auction house" means a structure or enclosure where goods and/or livestock are sold by auction.
"Automobile, 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 or dismantling yard" means a place used for the storage and/or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing, or baling of wrecked automobiles, trucks, trailers, or machinery.
"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.
"Bed and breakfast" means a residential structure providing individuals with lodging and meals for not more than thirty days. For home occupations, such uses are limited to having not more than five lodging units or guestrooms.
"Beverage industries" means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks.
Bingo Parlor. See "game room."
"Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis.
Brokerage Offices Transportation. "Transportation brokerage offices" means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo.
Building. See "structure."
"Building area" means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and building coverage.
"Building code" means the Uniform Building Code and related codes, as amended and adopted by the city of Union Gap.
"Building and enforcement official" means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. For purposes of this title, "building official" means building and enforcement official.
"Building height" means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following; whichever yields a greater height of building:
FIGURE 1
1.
The elevation of the highest adjoining sidewalk or finished ground surface within a five-foot horizontal distance of the exterior wall of the building, when such sidewalk or finished ground surface is not more than ten feet above lowest finished grade;
2.
An elevation ten feet higher than the lowest finished grade, when the highest sidewalk or finished ground surface described in subsection 1 of this definition is more than ten feet above lowest finished grade.
The height of a stepped or terraced building is the maximum height of any segment of the building.
"Business school" means a private or public school providing instruction solely in professional skills such as: business management, accounting, secretarial skills, sales, marketing, and merchandising.
"Butcher shop" means a custom retail meat cutting operation, including accessory uses such as frozen food lockers. This definition does not include slaughtering.
"Call center" means an administrative office that engages in customer service or marketing activities using electronic or telephonic communications.
"Campground" means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards.
"Car wash" means a business engaged in washing, waxing, and/or polishing cars and small trucks; including self-service car washes, automated car washes, manned car washes, and auto detailing.
"Caretaker dwelling" means a single-family dwelling unit accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner/caretaker.
"Center line of right-of-way" means mid-point between the alignment of the opposite edges of right-of-way.
"Certificate of zoning review" means that certificate issued by the planning department stating that the proposed use of the structure or land conforms to the provisions of this title.
"Change of use" means a change from one use listed in 17.04.030, Table of Permitted Land Uses, to another use listed in that table.
"Church" means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction.
"City" means the city of Union Gap.
"Class (1) uses" means those uses set forth and defined in the text and tables of Chapter 17.04 of this title and are permitted on any site in the district provided district standards are met. The building official shall review Class (1) uses for compliance with the provisions and standards of the district.
"Class (2) uses" means those uses set forth and defined in the text and tables of Chapter 17.04 of this title. Class (2) uses are generally permitted throughout the district. However, site plan review by the administrative official is required in order to promote compatibility with the intent and character of the district and the objectives of the Union Gap comprehensive plan.
"Class (3) uses" means those uses set forth and defined in the text and tables of Chapter 17.04 of this title. A Class (3) use requires review by the planning commission, following a public hearing, to determine whether it is compatible with the neighborhood and the objectives of the comprehensive plan.
Class (1), (2) or (3) 1 Use, Approved. "Approved Class (1), (2) or (3) use" means any use or development approved upon completion of Class (1), (2) or (3) review.
Class (1), (2) or (3) Use, or Development, Existing. "Existing Class (1), (2) or (3) use or development" means a use or development legally existing or legally established prior to the effective date of this title that have or would be classified under Chapter 17.04 of this title as a Class (1), (2) or (3) use in a particular district even though the use has not been through Class (1), (2) or (3) review, and may or may not conform to the standards of this title. This definition includes any existing Class (1), (2) or (3) use with an approved modification under Chapter 17.16.
"Clinic" means a structure for the medical examination and treatment of people, but without provision for keeping such patients overnight on the premises.
"Commercial services" means technical services and specialized care services such as tattooing, massage parlors, lawn and garden care, and delivery services, except as otherwise regulated.
"Communication tower" means any tower, pole, mast, whip, or antenna, or any combination thereof, used for radio or television transmission or line-of-sight relay. This definition includes towers erected for use in the amateur radio service.
"Communication tower height" means the vertical distance above the ground measured to the highest point of the communication tower.
"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 Water System. See "water system."
"Compatibility" means the characteristics of different uses or development that permit them to be located near each other in harmony.
"Comprehensive plan" means the Union Gap comprehensive plan and any supplemental plans officially adopted under RCW Chapter 36.70, for the city of Union Gap or any portion thereof.
"Concentrated animal feeding operation" means a structure or pens for the concentrated feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep, or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities, and fur farms, but does not include animal husbandry.
"Condition(s) of approval" means restrictions or requirements imposed by a reviewing official pursuant to authority granted by this title.
Consulting Services. See "professional business."
"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.
"Converted dwelling" means a structure which, due to alterations, has been modified to increase the number of individual dwelling units. This definition does not apply to multi-family structures constructed under the provisions of this title.
"Correction facilities" means facilities including buildings and structures that are inhabited by more the five persons who are under restraint or security and are generally incapable of self-preservation due to security measures not under the occupants' control. This definition shall include, but not be limited to prisons, jails, reformatories, detention centers, correction centers, and prerelease centers.
"County" means Yakima County.
"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" means calendar day.
"Day care center" means a day care facility serving thirteen (13) or more individuals.
"Day care facility" means a building or structure in which 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 (24) hours a day. This includes family day care homes and day care centers.
Day Care Homes, Family. "Family day care homes" means an in-home day care facility serving one to twelve (12) individuals.
"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 foods and applies to stores having seating for no more than five persons.
"Desktop publishing" means activity related to the use of computers in order to produce documents for personal or other uses.
"Development" means use as defined by this title.
"Development permit" means written authorization for development or modification of development as defined in this title. When a building or other construction permit is required, the building/construction permit shall serve as the development permit. If no building/construction permit is required, the certificate of zoning review shall serve as the development permit.
"Divide" means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size, or legal description of any part of an owner's land as defined in this chapter. 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" means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine.
"Downtown development district" means those parcels of land that have frontage along the west and east sides of Main Street from two hundred (200) feet north of Ahtanum Road, south to Wide Hollow Creek, including those parcels having frontage along the north and south sides of Ahtanum Road, from Main Street to the eastern right-of-way of Second Street, including those parcels having frontage along the south side of East Ahtanum Road from the intersection of Main Street, east to and including the Pioneer Cemetery.
"Driveway" means the private traveled path to a property or through a parking lot.
"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.
"Dwelling" means a structure, or portion thereof, designed exclusively for residential purposes.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a structure, or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot.
Dwelling, Single-Family. "Single-family dwelling" means a structure designed to contain a single dwelling unit. Single-family dwellings are further classified by their nature of construction as follows:
1.
"Site built" means 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. "Single-family attached dwelling" means two single-family dwellings that are attached, but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than two attached single-family dwellings.
Dwelling. Single-Family Detached. "Single-family detached dwelling" means one dwelling unit located on one lot, and not attached to any other dwelling unit.
Dwelling, Two-Family. "Two-family dwelling" means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the term "duplex."
"Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating, and sanitation.
"Earthen material" means sand, gravel, rock, aggregate and/or soil.
"Electric vehicle battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW (Electricians and electrical installations) and consistent with rules adopted under RCW 19.27.540 (Electric vehicle infrastructure requirements).
"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.
"Essential public facilities" means those facilities that are typically difficult to site, such as airports, state education facilities, state and local correctional facilities, state or regional transportation facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes not falling under the purview of fair housing laws, such as adult correctional work release facilities; and those facilities appearing on the list maintained by the state office of financial management pursuant to RCW 36.70A.200(4).
"Exotic dance studio," also known as "topless bar" and "adult cabaret," means a nightclub, bar, restaurant, or other commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public.
"Family" means an individual, or two or more persons related by blood or marriage, 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.
"Fence" means a structure built to prevent escape or intrusion, or to provide privacy or site screening.
"Finding" means a conclusion of fact reached by the reviewing official in a review process, based on the evidence available therein.
Floodplain (One Hundred Year). "One hundred year floodplain" means areas identified as "base flood" in an engineering report entitled "The Flood Insurance Study for The Town of Union Gap" dated March 2, 1998 by the Federal Emergency Management Agency. Areas of base flood are generally relatively flat or lowland lands adjoining the channel of a river or stream and are subject to a one percent or greater chance of flooding in any given year.
"Floodway" means areas identified as "floodway" in an engineering report entitled "The Flood Insurance Study for the Town of Union Gap" dated March 2, 1998 by the Federal Emergency Management Agency. The floodway is the channel of a river or other watercourse and 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" means a business, service or facility dealing with the preparation of food items for off-site consumption. Includes: confectioneries, catering services, preparation of food items for wholesale.
"Game room" means a commercial facility, or a portion thereof, open to the general public in which electronic games, and other forms of amusement are played that do not meet the definition of social gambling establishment. Also, see "meeting hall".
Garage, Private. "Private garage" means a building or portion of a building designed to store motor vehicles and household goods that are used by the occupants of the site's primary use.
Garage, Public. "Public garage" means a building or portion of a building used for equipping, repairing, servicing, hiring, selling, or storing motor driven vehicles; but excluding private garages.
"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.
"Glare" means the reflection of harsh, bright light.
"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.
Gross Floor Area. See Section 17.06.040.
"Group home" means a residence that is licensed as either a boarding home or an adult family home by the Washington State Department of Social and Health Services under Chapter 388-76 or 388-78A WAC. Group homes provide community residential instruction, supports, and services to two or more clients who are unrelated to the provider. "Group home" does not include homes for individuals residing in crisis residential centers (as defined in RCW 74.15.020(1)(c)), 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. Group homes shall be a permitted use in all areas permitting single-family homes.
"Halfway house" means a home for juvenile delinquents and adult offenders leaving correctional and/or mental institutions; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented, but who do not need institutional care.
"Hazardous materials" means any item listed as hazardous by a federal agency or state department of ecology or the Yakima County Clean Air Agency.
"Hazardous waste" means and includes all dangerous and extremely hazardous wastes as defined in RCW 70.105.010.
"Hazardous waste generator" means any person or site whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulations under the dangerous waste regulations, WAC Chapter 173-303.
Hazardous Waste, Off-Site. "Off-site hazardous waste" 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. "On-site hazardous waste" means hazardous waste treatment and storage facilities which treat and store wastes generated on the same lot.
"Hazardous waste storage" means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
"Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value.
"Hearing examiner" means the duly appointed hearing examiner or hearing examiner pro tem.
"Home instruction" means the teaching of an art, hobby, skill, trade, profession, or sport as a home occupation, except when otherwise prohibited. See Chapter 17.04, Table 17.04.090.
"Home occupation" means the accessory use of a dwelling unit for gainful employment as provided in this title.
Home Occupation, Business Administration. "Business administration home occupation" 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 a business. This definition does not include manufacturing, sales, repair, or other services.
"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.
"Hospital" means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice.
"ICBO construction table" means that table representing average cost for most buildings produced from the building valuation data published in the Building Standards Magazine by the International Conference of Building Officials.
"Impervious surface" means any material that reduces or prevents absorption of stormwater into previously undeveloped land.
"Intensity" means the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and 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" means all irrigation and/or drainage structures, including, but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.
"Kennel" means a building, enclosure, or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire, or in or at which dogs, cats, or other domesticated animals are kept or maintained by any person other than the owner thereof, or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals, or zoos.
"Land" means a lot or parcel.
"Landscaping" means the arrangement and planting of trees, grass, shrubs, and flowers and the placement of fountains, patios, street furniture, and ornamental concrete or stonework, and artificial turf.
"Land use" means the manner in which land and structures are used.
"Legislative body" means the Union Gap city council.
"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.
"Lot" means: (a) a division of land(s) having defined boundaries and shown on a final plat or short plat officially recorded in the Yakima County auditor's office; (b) which is a legally recognized prior division or parcel under the provisions of Union Gap's subdivision ordinance (Title 16); or (c) Yakima County's subdivision ordinance while under Yakima County jurisdiction.
"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 (135) degrees. See Figure 2.
FIGURE 2
"Lot coverage" means that portion of the lot that is covered by structures and other impervious surfaces.
"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 3.
FIGURE 3
Lot, Flag. "Flag lot" means a lot only a narrow portion of which fronts on a public/private road and where access to the public/private road is across that narrow portion. See Figure 2.
Lot, Inside or Interior. "Interior or inside lot" means a lot other than a corner lot. See Figure 2.
Lot Line, Front. "Front lot line" means, in the case of an interior lot, the property line separating the lot or parcel from the road or street, other than an alley. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply:
1.
In the case of a corner lot, the front lot line shall be the property line with the narrowest street frontage, except, the building official, or his designee, shall designate the front lot line for corner lots in residential 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 lot line shall be determined by the building official.
Lot Line, Interior. "Interior lot line" means in the case of zero lot line development, the property line separating a zero lot line from: (a) another zero lot line or (b) adjoining common open space. See Figure 4.
FIGURE 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 of a lot, the rear line of which is formed by two or more lines, the following shall apply:
1.
For a triangular or gore shaped lot, a line ten (10) 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 of which 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 required rear lot line;
3.
In the case of a pentagonal lot, the rear boundary of which 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 that is not a front lot line or rear lot line.
Lot, Through. "Through lot" means an interior lot having frontage on two streets. See Figure 2.
"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. See Figure 3.
"Manufactured home" means a dwelling on one or more chassis for towing to the point of use which bears an insignia issued by a state or federal regulatory agency indicating that the structure complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home. Manufactured homes are further classified as follows:
1.
"Class A" means a new manufactured home having a minimum width of not less than seventeen (17) feet as measured at all points perpendicular to its length and meeting the manufactured home appearance standards as defined in this title;
2.
"Class B" means a new manufactured home having a width less than seventeen (17) feet as measured at any point perpendicular to its length and meeting the manufactured home appearance standards as defined in this title and a used manufactured home having a minimum width of not less than seventeen (17) feet as measured at all points perpendicular to its length and meeting the manufactured home appearance standards as defined in this title;
3.
"Class C" means a new or used manufactured home of any width. The home must be in good condition and safe for human occupancy.
"Manufactured home appearance standards" means a manufactured home which meets all of the following construction and placement standards:
1.
Roof Construction. The slope of the roof is not less than three feet of rise in a twelve (12) foot run. The roofing material is asphalt composition shingle or similar materials commonly used in standard residential construction;
2.
Exterior Finish. The exterior siding consists of wood, hardboard, aluminum, vinyl, steel or other siding material including plastic, or steel comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;
3.
Foundation. The perimeter of the home must have a permanent masonry or concrete continuous foundation, except for required ventilation and access. The floor level of the home is not greater than ten (10) inches above the average grade.
"Manufactured structure" means a building manufactured with the intent of being transported to a fixed site and constructed in accordance with the Uniform Building Codes as adopted by the city.
"Meeting hall" means a private or quasi-private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club type card rooms, grange halls, etc.
"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.
"Mixed use development" means use of the land or structure for two or more different uses.
"Mobile home" means a dwelling on one or more chassis, for towing to the point of use, which does not meet applicable HUD manufactured housing standards of June 15, 1976. This definition does not include modular homes, manufactured homes, commercial coach, recreational vehicles or motor homes.
"Mobile home park" means a parcel of land under single ownership used for the placement of two or more mobile or manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit (see Section 17.04.110) on the same parcel with another home.
"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).
"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" means a residential structure that meets the requirements of the Uniform Building Code, 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.
"Multiple building complex" means a group of structures housing separate businesses that share the same lot, access and/or parking facilities.
"Multiple occupancy building" means a single structure housing more than one retail business, office, or commercial venture.
"Net residential acre" means forty-three thousand five hundred sixty square feet minus the area in private and public streets, rights-of-way, and access easements. (See Section 17.05.030 to calculate the maximum number of dwelling units permitted on a site.)
"Noise" means an intense sound associated with a use and which is a nuisance.
"Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located.
"Nonconforming structure" means a structure which was lawful prior to the adoption or amendment of this title, but which fails by reason of such adoption or amendment, to conform to the present requirements of the zoning district in which it is located.
"Nonconforming use" means a use of land or structures which was lawfully established and maintained at the effective date of this title, but does not conform to this title for the district in which it is located.
"Nuisance" means any use, activity or structure as defined by Chapter 8.20. "Nursery" means facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows:
1.
"Retail nursery" means a nursery which offers products to the general public, including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items;
2.
"Wholesale nursery" means a nursery that raises nursery stock for sale to a retail nursery or other business;
3.
"Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. This definition does not include private greenhouses with no commercial sales.
"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.
"Off-street parking" means a parking space(s) and associated driveway(s) located beyond the right-of-way of a highway, street, or alley.
"Open space" means an area of land or water that is substantially free of structures, impervious surfaces, and other land-altering activities.
Open Space, Common. "Common open space" 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.
"Park" means a public or privately owned area with facilities for active or passive recreation by the public.
"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" means the section of a parking facility containing a driveway, and containing one or two rows of parking stalls.
"Parking lot" means a facility designed to serve parking for five or more motor vehicles.
"Parking space or stall" means an off-street area that is paved, drained, maintained, and used for the temporary storage of one motor vehicle.
"Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking space.
"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" 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" means a business providing specialized services such as: interior home or business design or shopping services, except as otherwise regulated.
"Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility.
"Planned residential development" means, in the residential districts, the coordinated development of a single lot of not less than twelve thousand 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 within 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(s) into a single coordinated project.
"Planning commission" means the duly constituted planning commission for the city of Union Gap.
"Planning department" means the Union Gap planning division.
"Preliminary approval" means the contingent approval by the administrative official in Class (2) review, prior to final approval.
Preschool. See "day care center."
Private Water System. See "water system, individual."
"Product assemblage" means a business or service involved in assembling products for off-site sales.
"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.
"Property owner(s)" means the legal owner or owners of the property.
"Public hearing" means a meeting, open to the public, that is announced and advertised in advance at which the public is given an opportunity to participate.
Public Water System. See "water system, public."
"Recreational vehicle" means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including, but not limited to, boats, travel trailers, snowmobiles, go-carts, motorcycles, and dune buggies.
"Recycling center" means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing.
"Residential density" means the number of dwelling units per net acre of land. This term includes dwelling unit density.
"Restaurant" means an establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto.
"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" 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" means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment, except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals, or sanitariums.
"Reviewing official" means the building and enforcement official, administrative official, hearing examiner, or legislative body, when engaged in any review or approval procedure under the provisions of this title. Reviewing official also includes the planning department when engaged in accepting applications or reviewing administrative modifications under Chapter 17.16 of this title.
"Rezone" means to change the zoning district classification of particular lot(s) or parcel(s) of land.
Right-of-Way, Public. "Public right-of-way" means land deeded, dedicated to, or purchased by, the city of Union Gap for existing or future public pedestrian, vehicular, or utility access.
Road, Arterial. "Arterial road" means a public road designated as a major/principal arterial, secondary/minor arterial, or collector arterial by the transportation element of the Union Gap comprehensive plan and comparable plans of the city of Yakima and Yakima County.
Road, Local Access. "Local access road" means a public road not designed as a principal arterial, minor arterial, or collector by the cities of Union Gap, Yakima, or Yakima County. The primary purpose of a local access road is to connect property along the local access road with the arterial street system.
Road, Minor Local Access. "Minor local access road" means a local access road maintained by the city or county that serves eight or fewer lots (including interior and exterior lots) and is not, or is not capable of becoming, a through street.
Road, Private. "Private road" means a road not designed, built, or maintained by the city of Union Gap, 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 the city of Union Gap, Washington State Department of Transportation, or any other political subdivision of the state for public vehicular and pedestrian use.
"School" means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high, 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.
"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, ballfields, and playgrounds.
"Second hand store" means a retail business selling used goods.
"Service station" means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication, minor repair service, and incidental sale of motor vehicle accessories.
Setback, Front. "Front setback" means the minimum horizontal distance measured perpendicularly from the front property line to the nearest wall of the structure.
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 sewer service provided by a municipality or special purpose district.
Sign. See Chapter 17.08 for a complete listing of sign definitions.
"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 which is a condition of approval for any permit issued under the provisions of this title, or which is a part of any site plan approved under the provisions of this title.
Site Plan, Detailed. "Detailed site plan" means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified.
Site Plan, General. "General 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 to the nearest foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s).
"Social gambling establishment" means a commercial facility or portion thereof, open to the general public, in which 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 thereafter), or in which other activities occur that constitute gambling and are authorized by the Washington State Gambling Commission under RCW 9.46.070, to the extent that said activities include any gambling activity engaged in the use of, or associated with, mechanical and electronic slot machines or any gambling activity engaging in the use of, or associated with, any other electronic mechanism including video terminals.
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 a reviewing official during Class (2) or (3) review.
Standard, Specific. "Specific standard" means those numerical standards established in Chapters 17.04, 17.05, 17.06, 17.07, 17.08 and 17.09.
"State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW Chapter 70.105.
Storage Facilities, Bulk. "Bulk storage facilities" means either enclosed (see "warehouses") or outdoor areas designed for the storage of either large quantities of materials or materials of 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.
Storage Facilities, Commercial. "Commercial storage facilities" means enclosed storage areas designated as support facilities for commercial activities, and used for the storage of retail materials.
Storage Facilities, Residential Mini-Storage. "Residential mini-storage storage facilities" means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure.
Storage, Vehicle. "Vehicle storage" means keeping vehicles on a given site that are not actively used by the principal occupants of the site. Does not include automotive wrecking/dismantling yards or vehicle sales lots.
"Street" means public or private road.
"Structural alteration" means: (1) any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, rafters; or (2) any change in the exterior lines or configuration of a structure, if such change results in the enlargement of the structure.
"Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.
Structure, Temporary. "Temporary structure" means a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"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 inches, or the area being more than thirty-eight square feet.
"Tavern" means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto.
"Technical equipment" means such equipment as medical, dental, fire suppression, restaurant, etc.
"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 for five or more days shall be considered a "vehicle storage facility."
Travel Agency. See "professional business."
"Urban area" means the area within the city limits of Yakima and Union Gap, and the unincorporated portion of Yakima County within the Yakima urban area boundary established in the Yakima urban area planning agreement and adopted in the Union Gap comprehensive plan, as amended.
"Urban services" include, but are not limited to, public water and sewer lines, neighborhood parks, street lights, police, and fire protection.
"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. This definition includes the construction, erection, placement, movement, or demolition of any structure or site improvement and any physical alteration to land itself, including any grading, leveling, paving, or excavation. Use also means any existing or proposed configuration of land, structures, site improvements, and the use thereof.
Use, Class (1), (2) and (3). See "Class (1), (2) and (3) use."
"Use district" means a portion of Union Gap within which certain uses of land and structures are permitted, certain other uses of land and structures are prohibited; certain yards and other open spaces are required, and specific lot areas are established, all as set forth and specified in this title. This definition also includes the terms "zone" and "zoning district."
Use, Modification of. See "modification of use or development."
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 15.04.100, for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period.
"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" means facilities operated by utilities, but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants.
"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 "animal clinic/hospital."
"View-obscuring fence" means a barrier, the purpose of which is to make obscure, less conspicuous, and to partially conceal from sight those items which are to be screened from view. To qualify as "view-obscuring" the cumulative openings in the surface of the barrier shall not exceed thirty percent of the surface face. Surface face shall be computed as follows: width times height of the surface area on one side only.
"Vision 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 motorists entering or leaving the intersection. (See Section 17.05.040.)
"Warehouse" means a structure used for the storage of goods and materials. Also see "agricultural building."
"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 (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.
"Waste water spray field" means an agricultural or otherwise vegetated 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. Excludes spray fields for wastewater defined as hazardous pursuant to Chapter. 70.105 RCW.
Water System, Public. "Public water system" means any system, excluding a system serving only one single-family residence, providing piped water for human consumption, as defined and/or regulated under WAC 248-54.
"Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers, industrial, commercial, institutional, or professional business user; or to other wholesalers.
"Wrecking yard" means a place of business where motor vehicles or parts thereof are kept by a motor vehicle wrecker subject to state regulation (Chapter 46.80 RCW).
"Yard" means an open space, other than a court, on the same lot with a structure.
Yard, Front. "Front yard" means the open area, extending along and parallel to the entire length of the front lot line, and measured from the property line to the structure.
Yard, Rear. "Rear yard" 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, Side. "Side yard" means an open area between the side wall line of the structure and the side line of the lot.
"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.
"Zoo" means a permanent site or facility having a collection of living animals for public display.
(Ord. 2568 § 2 (part), 2008; Ord. 2507 § 1, 2006; Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)
( Ord. No. 2801 , 11-26-12; Ord. No. 2873 , § 1, 3-23-15)