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Agenda 04/13/2006 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue April 13, 2006 6:00 to 9:00 pm CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS New Business — Public Hearing — Recommendation of a Cross-Over Matrix as it relates to the interim implementation of the COSV Comprehensive Plan. Discussion — Comprehensive Plan Implementation Matrix, Current Changes to COSV Definitions and Use Matrix, Old Business - None X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, Assoc Planner David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.spokanevalley.orq CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: April 13, 2006 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Public Hearing and consideration of a recommendation to the Spokane Valley City Council to adopt an ordinance establishing a Comprehensive Plan Implementation Matrix. The Comprehensive Plan Implementation Matrix will replace certain sections of the Interim Phase 1 Development Regulations and will amend Interim Zoning Code Section 14.416.000, Number of Uses per Lot. GOVERNING LEGISLATION: RCW 36.70A— Growth Management Act PREVIOUS COMMISSION ACTION TAKEN: No action has been taken by the Planning Commission BACKGROUND: City Council is expected to adopt the Spokane Valley Comprehensive Plan in late April, 2006. Once the new Comprehensive Plan is adopted, new development regulations must be adopted to "implement" the Comp Plan policies and land use map. Staff is currently working on creating new development regulations that will fully implement the Comp Plan. We anticipate that it will take over a year to adopt the new development code. The intent of the Cross-Over Matrix is to initially implement the Comprehensive Plan in a way that requires few changes to the current zoning code. The proposed Matrix specifies existing zoning categories that will implement individual Comprehensive Plan land use categories. It is important to note that with this initial Comp Plan implementation phase, existing zoning will not be changed by the City. Rather, individual property owners would be required to apply for a zone change if their current zoning does not allow a proposed use. For example, property currently zoned UR-3.5 and located in the Office category on the Comp Plan Land Use Map would be able to apply for a zone change to either UR-12 or UR-22, but only office uses would be allowed with new zone change. Conversely, if property is currently zoned UR-22 and located in the Office category, all uses in the UR-22 zone would be allowed, including multi-family residential. Staff also proposes to amend Section 14.416.000, Number of Uses per Lot, of the Interim Spokane Valley Zoning Code which allows only 1 primary use per lot, unless otherwise specified in the Code. This is problematic in mixed use areas, which encourage multiple uses in a singe building. Therefore, it is recommended to remove this restriction for areas designated as Mixed Use and Corridor Mixed Use on the Comprehensive Plan Map. Finally, the proposed implementing regulations would eliminate certain sections of the Interim Phase 1 Development Regulations that would become obsolete upon adoption of the Comprehensive Plan. OPTIONS: 1) Recommend approval of the proposed amendments to City Council, 2) Make minor modifications to the proposed matrix and forward recommendation to Council; or 3) Provide staff with suggested changes for future consideration by the Commission. RECOMMENDED ACTION OR MOTION: Staff recommends approval. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Greg McCormick, AICP, Community Development Director ATTACHMENTS: Draft ordinance. Last printed 4/7/2006 10:15:00 AM APPENDIX A DEFINITIONS 1. For the purpose of this Code certain words and terms are herein defined. The word "shall"is always mandatory. The word "may"is permissive, subject to the judgment of the person administering the Code. 2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. 3. The present tense includes the future, and the future the present. 4. The singular number includes the plural, and the plural the singular. 5. Use of male designations shall also include female. Definitions AASHTO: American Association of State Highway and Transportation Officials. Abandoned: Knowing relinquishment by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Accessory: A building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. ADA: Americans with Disabilities Act. Adequate Public Facilities: Facilities which have the capacity to serve development without decreasing levels of service below locally established minima. Administrative Exception: A minor deviation from standards specified in this Code. Adult Entertainment Establishment: An enclosed building, or any portion thereof, used for presenting performances, activities, or material or relating to "specific sexual activities" or "specified anatomical areas," as defined in this section for observation by patrons therein. Provided, however, that a motion picture theater shall be considered an adult entertainment establishment if the preponderance of the films presented is distinguished or characterized by an emphasis on the depicting or the describing of"specified sexual activities" or"specified anatomical areas"; provided further, however, that a hotel or motel shall not be considered an adult entertainment establishment merely because it provides adult closed circuit television programming in its rooms for its registered guests. Adult Retail Use Establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental, loan, trade, transfer, or viewing of adult oriented merchandise. Adult Oriented Merchandise: Any goods, products, commodities, or other ware, including but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or non-clothing novelties which depict, describe or simulate specified anatomical area or specified sexual activities. Agricultural: Relating to the science or art of cultivating soil or producing crops to be used or consumed directly or indirectly by man or livestock, or raising of livestock. Agricultural Processing: The series of operations taken to change agricultural products into food and consumer products. Uses include creameries. COSV Proposed Definitions Page 1 of 28 Last printed 4/7/2006 10:15:00 AM Airport: An area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. Airport Hazard: Any structure or object of natural growth located in the vicinity of the airport which obstructs the airspace required for the flight of aircraft or airport operations. Airport Obstruction: Any structure or object of natural growth or use of land which would exceed the federal obstruction standards established in 14 CFR sections 77.21, 77.23, 77.25 and 77.28, or which obstructs the airspace required for flight of aircraft in landing or take-off, or is otherwise hazardous to airport operations. Airport Land Use Compatibility Zone: Aircraft accident zones established by WSDOT, Division of Aviation and adopted by ordinance wherein certain land uses are restricted in order to protect the airport from encroachment from incompatible land uses. Alley: A public right-of-way which provides access only to the rear and/or side of properties abutting and having access to a public road. Altered/Alteration: Any change, addition or modification in construction or any change of occupancy from one use to another or from one division of a trade to another. Amendment: A change in the wording, context, or substance of this Code, or a change in the zone boundaries. Ambulance Service: A facility used for the housing and dispatch of emergency medical personnel and paramedics using ground transportation. Animal ClinicNeterinary: A facility dedicated to the care of animals, which may include grooming services and short term boarding. Animal, Large: Domesticated animals, including, but not limited to, horses, donkeys, burros, llamas, bovines, goats, sheep, and other animals or livestock of similar size and type, except inherently dangerous mammals and inherently dangerous reptiles. Young of horses, mules, donkeys, burros, llamas, and alpaca, under one (1) year in age, bovines, under ten (10) months in age, and sheep, goats and swine under three (3) months in age shall not be included when computing intensity of large animals. Animal, Small: Domesticated animals or fowl other than a household pet, large animal, inherently dangerous mammals or inherently dangerous reptiles, but not limited to, chickens, guinea hens, geese, ducks, turkeys, pigeons , emus, ostriches (struthious), kangaroos, rabbits, mink, chinchilla, I and other animals or fowl of similar size and type. Young small animals or fowl under three (3) months of age shall not be included when computing intensity of small animals or fowl. Young or miniature large animals are not included in this definition and are considered large animals Animal Processing: Includes stockyards, meat packing and the rendering of meat by-products, including the manufacture of tallow, gelatin and glue. Animal Raising or Keeping: The keeping of large and small domesticated animals other than household pets. Animal, Wildlife Rehabilitation or Scientific Research Facility: A building, structure, pen or portion(s) thereof or an area of land where animals are housed, kept or maintained for the purpose of wildlife rehabilitation; or for the purpose of investigation, aimed at the discovery and interpretation of facts or the collecting of information about a particular subject. Antique Store: An establishment offering for sale glass, china, objects d'art, furniture or similar furnishings and decorations which have value and significance as a result of ageand design. COSV Proposed Definitions Page 2 of 28 Last printed 4/7/2006 10:15:00 AM Appliance Manufacture: The manufacture, assembly and storage of household appliances for regional distribution. Appliance Sales/Service: The sale, servicing and repair of home appliances, including radios, televisions, washers, refrigerators and ranges. Aquifer: That array of geologic formations supplying potable water to Spokane Valley and the Spokane metropolitan area. Aquifer Sensitive Area (ASA): The area from which water runoff directly recharges the Aquifer, including the surface over the Aquifer itself, and the hillside areas immediately adjacent to the aquifer. The ASA includes the Critical Aquifer Recharge Area (CARA). Art Gallery/Studio: Includes the work areas of graphic artist, painters, sculptors, weavers, quilters and other artists with display and sales areas. Arterial/Road Map: The official maps adopted as part of the Comprehensive Plan. Asphalt Plant/Manufacturing: The manufacture of carbon-based paving and saturated materials compounds. Assembly, Light: The assemblage of metals and/or materials into products, including electronic assembly. Assembly, Heavy: The assemblage of materials and/or metals for commercial and industrial uses. Assisted Living Facility: A facility that provides routine protective oversight or assistance for independent living to mentally and physically limited persons in a residential setting. Services include, but are not limited to transportation, food service, pharmacy and limited nursing services. An Assisted Living Center may be included as a part of a nursing home or convalescent center complex. Attached: Structurally dependent. Auction Yard: An open area or an area entirely enclosed within a building where items are stored or displayed for not more than seven (7) consecutive days within any given thirty (30)- day period and where persons are permitted to attend sales and offer bids on such items. Auction Yard, Livestock: Facilities designed for the sale of livestock at auction, including barns, holding pens, and loading facilities. Automobile Assembly Plant: A manufacturing facility for new cars and trucks. Automobile Impound Yard: A secure area used for the temporary impoundment of motor vehicles by law enforcement. Automobile/Taxi Rental: Facilities, including parking, for vehicles available for rent or lease. Facilities for fueling, servicing and minor repair may be accessory uses. Automobile/Truck Sales and Service: An area located on private property used for the display and sale of more than two (2) new or used passenger automobiles or light trucks, including sports utility vehicles, or any truck with a gross vehicle weight (GVW) of less than one ton, including service. Automobile/Truck/RV/Motorcycle Painting, Repair, Body and Fender Works: A facility providing for the minor repair and painting of a wide variety of motor vehicles, not including engine overhaul. COSV Proposed Definitions Page 3 of 28 Last printed 4/7/2006 10:15:00 AM Available Public Facilities: Facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development. Awning: A roof-like cover that projects from the wall of a building for the purpose of identity, decoration or shielding a doorway or window from the elements. Bakery Products Manufacturing: A facility preparing baked goods for regional distribution with accessory retail sales. Bakery, Retail: A retail business offering baked goods, including pies, doughnuts, cakes and breads for sale to the public. Banks, Saving & Loan and Other Financial Institutions: Offices and service facilities for banks, savings & loans, credit unions or other financial institutions, including drive-through windows. Barber/Beauty Shop: A facility offering including haircuts, manicures and similar personal services. Battery Rebuilding/Manufacture: Basement: The portion of a building at least four feet (4'-0") below grade for more than 50% of the perimeter but not more than eight feet (8'-0") below grade at any point of the structure. Bed and Breakfast: A single-family dwelling which provides accommodations for one or more paying guests on a reservation basis. Beehive: A structure designed to contain one colony of honey bees (apis mellifera) and registered with the Washington State Department of Agriculture per RCW Chapter 15.60 or as hereafter amended. Beekeeping, Commercial: An activity, generally operated for a profit, where more than twenty- five (25) beehives are kept on a lot. Beekeeping, Hobby: An activity, generally engaged in for personal use, where twenty-five (25) or fewer beehives are kept on a lot. Berm: A narrow ledge or shelf of land generally consisting of earth material that may be natural or artificial. Bicycle: A vehicle having two tandem wheels propelled solely by human power, upon which any persons or person may ride. Bicycle Path: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right of way or within an independent right of way. Bicycle Route: A segment of a system of bikeways designated with appropriate directional and informational markers with or without specific bicycle route number. Bicycle Sales and Service: A retail establishment offering for sale to the public non-motorized vehicles, including bicycles, skate-boards, roller blades, unicycles or similar equipment, and providing repairs. Bikeway: Any road, path, or way, which in some manner is specifically designated and which may legally be used by bicycles regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. Binding Site Plan: A division of land approved administratively by the Department of Community Development, which legally obligates a person making a proposal to conditions, standards or requirements specified by this Code . COSV Proposed Definitions Page 4 of 28 Last printed 4/7/2006 10:15:00 AM Block: A parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks, or green strips, rural land, drainage channels, or a combination thereof. . Boat Building: The construction, refurbishing and repair of recreational boats. Book/Stationary Store: A retail establishment offering books, magazines, greeting cards, and similar items to the public. Border Easement: A dedicated easement on private property adjacent to public street right(s)- of-way established for the purposes of utility, drainage facilities, pedestrian access or other public purpose. Bottling Plant: A plant which provides for the packaging and distribution of liquid products, including the mixing of liquid components. Boundary Line Adjustment: A land use action adjusting lot lines. Boundary Line Elimination: A land use action aggregating two or more lots or parcels of land. Bowling Alley: Indoor entertainment, including rental and sale of bowling equipment, as well as restaurant services. Brewery, Micro: An establishment brewing specialized beers for localized distribution, as well as local restaurant services. Brewery, Winery or Distillery: A facility engaged in the production of beer, wine or spirits for regional distribution, including fermentation, distillation and bottling. Broom Manufacturing: The manufacture of brooms, brushes and mops. Building Height: The vertical distance from the average finished grade to the average height of the highest roof surface. Building Setback Line: A line established as the - - - minimum distance a structure may be located from any , property line or border easement. See Reader Board. o. ' 30 r Building Supply Store: An establishment engaged in the wholesale and/or retail sale of building materials, I � including landscape materials, roofing, lumber, siding, ` --- Existing fencing, plumbing supplies and fixtures, lighting, floor —— — '��t"' Grade coverings, tools and hardware. 5 ff f' Pont of (Lowest Measurement Building Supply & Home Improvement: An Elevation establishment selling hardware, lumber, sheetrock, plumbing supplies, flooring, lighting fixtures, landscaping supplies, nursery stock, and appliances at retail and wholesale. Butcher Shop/Meat Market: The specialty retail of meat and fish products, not otherwise classified as a grocery store. Camping Units: A structure, shelter or vehicle designed and intended for temporary occupancy by persons engaged in camping or use of a camping unit for recreation. Camping units include but are not limited to recreational vehicles, recreational park trailers and campers, camping cabins, tents, tepees, yurts and other similar shelters. Candy and Confectionery: The preparation and specialty retail sale of candy and confectionery, not otherwise classified as a grocery store. Carnival or Circus: Temporary entertainment facilities providing rides, exhibits, games, musical productions, food and drink, and items for sale as part of a private commercial venture. COSV Proposed Definitions Page 5 of 28 Last printed 4/7/2006 10:15:00 AM Carpenter Shop: An establishment producing finished wooden products from raw materials. Carpet and Rug Cleaning Plants: A plant engaged in the cleaning and repair of carpets and textiles utilizing solvents and volatile organic compounds. Does not include cleaning services provided on client premises. Carpet Cleaning Services: An establishment providing cleaning services on the premises of customers, including restoration of flood and fire damage. Car Wash: Facilities for the washing of passenger cars and light trucks, as either a principal use or accessory to fueling stations, convenience stores or similar permitted uses. Casino: A gaming establishment licensed pursuant to RCW_9.46, including restaurant services. Catalogue & Mail-Order Houses: Merchandise warehouse and distribution center, including showroom. Category: A land use classification established pursuant to the Spokane Valley Catering Services: Food preparation intended for delivery to location(s) different from that where the preparation takes place. Cemetery: Land or facilities used or planned for use for the preparation for the disposition of human or animal remains including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. Ceramics Shop: A retail store which provides the supplies and equipment for molding, firing, glazing and enameling ceramic goods. Chemical Manufacture - Establishments primarily engaged in manufacturing chemicals using basic processes, such as thermal cracking and distillation. Chemicals manufactured in this industry group are usually separate chemical elements or separate chemically-defined compounds, not including aluminum oxide manufacturing, primary metal manufacturing, ceramics, and beverage distilleries which are defined separately. Certificate of Occupancy: An official certificate issued by the City through the Chief Building Official that indicates conformance with building requirements and zoning regulations and authorizes legal use of the premises for which it is issued. Certificate of Title: A letter, report, opinion, statement, policy, or certificate prepared and executed by a title describing all encumbrances of record which affect the property, together with all recorded deeds, including any part of the property included in the plat. Church, Temple, Mosque, Synagogue, House of Worship: An establishment, the principal purpose of which is religious worship and for which the main building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, a common kitchen, a library room or reading room, recreation hall and on site living quarters for members of religious orders and caretakers. City: The City of Spokane Valley, Washington. City Council: The governing body of the City. Clinic: A building or portion of a building containing offices for providing medical, dental, or psychiatric services for out-patients only. Clothes, Retail Sales: A retail store offering clothing, footwear and accessories for sale to the general public. COSV Proposed Definitions Page 6 of 28 Last printed 4/7/2006 10:15:00 AM Club: An association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Clustered Housing: Residential lots or building sites which reduce minimum yard requirements within a tract but provide compensating open space. Code: Spokane Valley Uniform Development Code. Cold Storage/Food Locker: A commercial building designed to prevent spoilage of food and to store food for retail food stores or persons buying in large quantities. College or University: A public or private institution offering instruction in liberal arts, or a professional, vocational, or technical field beyond the 12th grade. Co-location: Locating wireless communication equipment from more than one provider on one structure on one site. Commercial Zones: Those zones permitting commercial uses including the Business Zones, office zones, corridor mixed use, mixed use center, and City Center. Commission: The Spokane Valley Planning Commission. Communication Service/Sales: Establishments providing for the sale and service of communications equipment, including but not limited to telephones, satellite dishes, radio equipment. Communication Equipment Manufacture: The manufacture, assembly and storage of communications equipment. Community Facilities: The facilities of local government and other public agencies necessary for the administration and delivery of public services, including but not limited to police stations, fire stations, government offices, court rooms, water/wastewater storage and treatment facilities, electric and other utility distribution/collection lines, and transit stations. Community Hall: A building and related grounds used for social, civic, or recreational purposes and owned and operated by a nonprofit group serving the area in which it is located and open to the general public. Community Recreational Facility: Any public or private building, structure, or area which provides amusement, relaxation, or diversion from normal activities for persons within the area in which it is located and which is not operated for profit. Community Residential Facility: Any dwelling licensed, certified or authorized by state, federal or local authorities as a residence for children or adults with physical, developmental or mental disabilities, dependent children or elderly individuals in need of supervision, support and/or independent living training. Does not include Transitional housing, Detention and Post- detention facilities or Secure Residential Treatment Facility. May include: specialized group home for the developmentally disabled, group care facility for children, and boarding home. Community Transit Center: A bus transfer area or facility providing passenger access to routes and adjacent activities. Composting Storage/Processing, Commercial: A facility storing or composting organic material for commercial purposes. Comprehensive Plan: The Comprehensive Plan adopted by Spokane Valley, Washington, pursuant to Chapter 36.70 RCW. Computer Manufacture and Assembly: See Electrical/electronic/Computer component/system manufacturing and assembly COSV Proposed Definitions Page 7 of 28 Last printed 4/7/2006 10:15:00 AM Computer Services: Facilities used for the design and testing of computer systems and component parts, including software design and computer support services. Conditional Use: A use authorized subject to conditions and performance standards established by the Hearing Examiner. Contractor's Yard: An area and/or building used to store, maintain and repair equipment, trucks and motor vehicles, construction supplies, building equipment and raw materials for an individual or for a contractor engaged in building or other construction businesses, including but not limited to plumbing, electrical, structural, finish, demolition, transportation, masonry, excavating or other construction work. Convalescent Home/Nursing Home: A residential facility licensed by the State or County to provide long-term special care and supervision to convalescents, invalids, and/or aged persons, but where no persons are kept who suffer from mental sickness or disease or physical disorder or ailment which is normally treated within sanitariums or hospitals. Special care in such a facility includes, but is not limited to, nursing, feeding, recreation, boarding and other personal services. Convenience Store: A retail store of less than 10,000 square feet in size engaged in the sale of personal or household merchandise, packaged foods and beverages, which may include fueling stations. Cosmetic Manufacture/Distribution: The manufacture, storage and distribution of cosmetics, perfumes, and toiletries. Critical Material: A substance present in sufficient quantity that its accidental or intentional release would result in the impairment of one or more beneficial uses of soil, air and ground and surface water. Critical Materials Activity List: A list of commercial and industrial activities known to use critical materials, coupled with the names and threshold levels of quantities of critical materials normally associated with the activity. Court: An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent space. Coverage: The area of a lot or tract covered by the roof or first floor of a building expressed as a percentage of lot area. Roof eaves extending three (3) feet or less from the walls of a building are excluded from coverage computations. Day(s): The calendar days, unless otherwise specified, shall be computed pursuant to RCW 1.12.040. Day-Care, Adult: A licensed or accredited facility that provides counseling, recreation, food, or any or all of these services to elderly or handicapped persons for a period of less than twenty- four hours a day. Day Care, Child: A licensed or accredited facility which regularly provides care for a group of children for periods of less than twenty-four hours and includes pre-kindergarten, nursery schools, Montessori schools, mothers day out and after school programs. Deciduous: For purposes of this Code, deciduous shall include the following vegetative species. Ailanthus, Ash (Mountain), Birch (White), Catalpa, Elm (American), Locust (Black and Honey), Maple (Silver, Sugar, and Sycamore), Oak (Pin), Sweet Gum (Liquid Amber), Thundercloud Plum, Wing Nut. Density, Gross: The total number of residential dwelling units per gross acre. COSV Proposed Definitions Page 8 of 28 Last printed 4/7/2006 10:15:00 AM Density, Net: The number of dwelling units per acre of land, including parcels for common open space and associated recreational facilities within the area, storm water drainage facilities and tax exempt open spaces, after deducting the area for roads, parks, churches and schools, public/private capital facilities, dedicated public lands, and any other nonresidential use.. Department, Community Development: The City of Spokane Valley Department of Community Development. Department, Public Works: The City of Spokane Valley Public Works Department. Department/Variety store: A store offering a variety of goods to the public at retail, including but not limited to, clothing, housewares, linens, small appliances; sporting goods, and footwear. Detention and Post-detention Facilities: See Essential Public Facilities. Drug Store: A pharmacy authorized to dispense prescription drugs prescribed by licensed medical professionals. Dependent Relative: One who is related by direct blood line, marriage, adoption, unmarried partner relationship or court-appointed guardianship; has been determined by a licensed physician to be physically or mentally incapable of caring for themselves and/or their property; and who is over the age of 18. Director of Community Development: The individual or designee, appointed by the City Manager responsible for the interpretation and enforcement of all or part of the provisions of this Code. Dormitory: See Dwelling — Congregate Driveway: Any area, improvement or facility between the roadway of a public or private street and private property, which provides ingress/egress for vehicles from the roadway to a lot(s) or parcel(s). Dry Cleaners: A retail business providing dry cleaning and laundry services to the public. Dry Cleaning, Laundry, Linen Supply Plant- Commercial: An industrial facility providing laundry, dry cleaning, linen supply, uniforms on a regional basis. Dry Kiln: An industrial process for curing timber. Dwelling: A building or portion thereof designed exclusively for residential purposes. Dwelling, Accessory Apartment: An accessory dwelling unit located on a lot zoned for single- family residential purposes. ALTERNATE Dwelling, Accessory Apartment: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the main or primary dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking, and sanitation. Dwelling, Caretaker's Residence: A manufactured (mobile) home, or an existing building or structure used as a residence, that i:s owned by the owner of the property it resides upon and is occupied by a bona fide employee of the property owner. Dwelling, Congregate: A residential facility under joint occupancy and single management arranged or used for lodging of unrelated individuals, with or without meals, including boarding or rooming houses, dormitories, fraternities and sororities, convents and monasteries, convalescent care facilities. COSV Proposed Definitions Page 9 of 28 Last printed 4/7/2006 10:15:00 AM Dwelling, Duplex: A building designed exclusively for occupancy by two (2) families, with separate entrances and individual facilities for cooking, sleeping, and sanitation, but sharing a common or party wall. Dwelling, Multi-Family: A building designed for occupancy by three (3) or more families, with separate entrances and individual facilities for cooking, sleeping, and sanitation. Dwelling, single-family: A building, manufactured or modular home, or portion thereof, designed exclusively for single-family residential purposes, with a separate entrance and facilities for cooking, sleeping, and sanitation. Dwelling, Townhouse: A single-family dwelling unit constructed in groups of three or more attached units in which each unit extends from foundation to roof, open on at least two sides. Dwelling Unit: One (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one family maintaining a household. Electrical/Electronic/Computer Component/System Manufacturing and Assembly: The manufacture, assembly of light fixtures, computers or computer components, including but not limited to relays, chips, routers, semi-conductors and optical processing equipment. Entertainment/Recreation, Commercial (Indoor): A facility offering indoor entertainment such as a bowling alley, video arcade, dance hall, skating rink or billiard parlor. Also includes indoor archery, pistol or gun range. Entertainment/Recreation, Commercial (outdoor): A facility offering outdoor entertainment or games of skill to the general public for a fee or charge such as a golf driving range, archery range, or miniature golf course. Equipment Rental Shop: A business establishment offering equipment for rental. Equipment Sales, Repair & Maintenance: A business establishment offering equipment for sale, including repair and maintenance. Espresso/Latte Stand: A drive-through stand offering coffee, tea and other beverages for sale to the public. Essential Public Facility: Facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling, in-patient facilities including substance abuse, mental health, group homes and secure community transition facilities. Detention and Post-detention Facilities: Congregate residential facilities for the housing, training and supervision of individuals under judicial detention, including but not limited to prisons, jails, probation centers, juvenile detention homes, halfway houses and related post- incarceration facilities. Hospital, Psychiatric and/or Substance Abuse: A licensed facility providing in-patient residential rehabilitation and supervision and out-patient care for individuals suffering from substance abuse, psychological or emotional disease or defect. Secure Community Transition Facility (SCTF): A licensed secure and supervised residential facility for convicted sex offenders. Exercise Facility/Gym/Athletic Club: A facility providing physical fitness equipment and facilities, including weight rooms, running tracks, swimming pools, play courts and similar facilities, as well as counseling in exercise and nutrition. COSV Proposed Definitions Page 10 of 28 Last printed 4/7/2006 10:15:00 AM Explosive Manufacturing: The manufacture and storage of substances causing a sudden release of pressure, gas and heat when subjected to sudden shock, pressure or high temperature, including but not limited to dynamite, gun powder, plastic explosive, detonators, or fireworks. Explosive Storage: Storage of explosive materials including but not limited to dynamite, gun powder, plastic explosive, detonators, or fireworks. FAA: Federal Aviation Administration. FCC: Federal Communications Commission. Family: An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five (5) persons, excluding dependents, who are not related by blood, marriage or adoption, living together as a single housekeeping unit. Family Home, Adult: A licensed residential home in which a person or persons provide personal care, special care, room, and board to two, but not more than six adults who are not related by blood or marriage to the person or persons providing the services. Family Home, Child: A licensed child care facility providing regular care for not more than twelve (12) children in the family living quarters. Farm Machinery Sales and Repair: A specialized retail facility catering exclusively to the sale and repair of farm machinery including tractors, farm implements, combines, loaders, applicators, and their accessories. Feed Lot: A confined area or structure used for feeding, breeding or holding livestock for eventual sale or slaughter, including barns, pens or other structures. Feed/Cereal/Flour Mill: A structure or building used to store or grind grain for animal or human consumption. Fence: A wall or a barrier composed of stone, brick or posts connected by lumber, rails, panels, or wire for the purpose of enclosing space, marking boundaries, serving as an obstruction or barrier or separating parcels of land. Fertilizer Manufacture: The manufacture and storage of organic and chemical fertilizer, including manure and sludge processing. Film/Camera Sales and Service: The retail sale of photographic equipment and supplies, and the repair of cameras, lenses, tripods, optical and related photographic accessories. Film Developing: The commercial processing of photographic film, including x-rays. Fire Lane: An access designed to accommodate emergency access to a parcel of land or its improvements. Fish Hatchery: Aquaculture production of fish. Flood Plain, One Hundred (100)-Year: An area determined by the Federal Emergency Management Agency (FEMA) or by Spokane County to have a one-percent (1%) chance of flooding in any given year. Florist Shop: A retail sales of floral arrangements and accessories. Food Product Manufacturing/Storage: The commercial production or preservation of food products from agricultural products, and or the packaging, re-packaging or other preparation of food for wholesale distribution, including but not limited to starch manufacture, sugar refining, pickling, tobacco and vegetable oil manufacture. See also, Meat/Fish canning, cutting, curing smoking. COSV Proposed Definitions Page 11 of 28 Last printed 4/7/2006 10:15:00 AM Food Vendor, Mobile: An itinerant vendor of beverages, processed foodstuff and produce. Forest Land: Defined in WAC 365-190-030(6), as now or hereafter amended. Fraternity: A men's organization formed chiefly for social purposes which may function as a place for living and eating, especially for college students. See Dwelling, Congregate. Freight Forwarding: Land and facilities providing for the transport, storage and shipment of goods. Fueling Station: An established engaged in the retail sale of gasoline and automotive fuels and lubricants. Funeral Home: A facility licensed by the state engaged in preparing human remains for burial or cremation. Services may include but are not limited to embalming, transport, memorial services, and the sale of caskets. Furniture Manufacture: The manufacture of furniture and cabinetry for regional distribution. Furniture Sales/Repair: retail sales of household furniture and repairs not including re- upholstery. Garage, Public: A building or portion thereof, other than a private garage, used for the care, parking, repair, or storage of automobiles, boats, and/or recreational vehicles or where such vehicles are kept for remuneration or hire. Garment Manufacture: The manufacture of apparel, including leather goods, for wholesale distribution. Gift Shop: Retail sales of miscellaneous gift items, including floral arrangements, stationary, statuary, ornaments and decorations. Golf Course: Outdoor course of nine or more holes, including driving range, cart rentals, pro- shop and restaurant services. Grain Elevator: A facility for the storage of grain. See also Feed/cereal/flour mill. Grade: The average elevation of the finished ground level at the center of all exterior walls of a building. In case of any wall which is parallel to and within five (5) feet of a lot line, elevation at the lot line adjacent to the center of the wall shall be considered the finished ground level. Greenhouse/Nursery, Commercial: An establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sale on a retail or wholesale basis. Grocery Store: A retail establishment offering a wide variety of comestibles, beverages and household supplies for sale. Halfway House: See Essential Public Facilities, Detention and Post-Detention Facilities. Hardware Store: An establishment engaged in the retail sale and or rental of hardware and small tools. Hazardous Waste: All dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components as defined in Section 70.105.010 (15) RCW Hazardous Waste Storage: The holding of hazardous waste for a temporary period, as regulated by Chapter 173-303 WAC. Hazardous Waste Treatment: The physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes non-dangerous or less dangerous, safer for COSV Proposed Definitions Page 12 of 28 Last printed 4/7/2006 10:15:00 AM transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. Hearing Examiner: The individual, designated by the City Council to conduct public hearings and render decisions on amendments, special permits, conditional uses, appeals and other matters as set forth in this Code. Helicopter: A rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors. Heliport: A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft. Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing of or fueling and not for regularly scheduled stops. High Occupancy Vehicle (HOV): A motorized vehicle carrying two (2) or more passengers. Hobby Shop: A retail establishment offering games, crafts and craft supplies, art supplies to the public. Home Occupation: An occupation, profession or craft, excluding an adult retail use establishment, adult bookstore or adult entertainment establishment and incidental to the residential use. Horse Boarding: A barn, stable, or other structure where owners or users of the property commercially bathe, train, house and/or feed more than three (3) horses or other riding animals any of which are not owned by the users or owners of the property for more than twenty-four (24) consecutive hours. Hospital: An institution licensed by the state offering in- and out-patient medical services but not including facilities treating exclusively psychiatric, substance or alcohol abuse. Hospital, Specialty: A facility providing specialized in- and/or out-patient medical care, including hospices, birthing centers, urgent and trauma care, but not including facilities treating psychiatric, substance or alcohol abuse. Hospital, Psychiatric and/or Substance Abuse: See Essential Public Facility. Hotel/Motel: A building in which there are six (6) or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. Household Pet: Any animal or bird, other than inherently dangerous mammals / reptiles, livestock, large or small animals and animals or birds considered to be predatory or wild, which normally lives in or is kept in a residence. Ice Plant: A facility manufacturing and distributing ice. Incinerator: A vessel, device, apparatus, or structure designed to burn solid waste under controlled, nuisance-free conditions, and at a relatively high temperature, for the purpose of reducing the combustible components to a non-putrescible residue capable of ready disposal. Industrial Zoning Districts: Those zones permitting various industrial and manufacturing uses. See Zoning Districts. Inherently Dangerous Mammal: Inherently dangerous mammal means any live member of the canidae, felidae, or ursidae families, including hybrids thereof, which, due to their nature, may be considered dangerous to humans, and which includes: COSV Proposed Definitions Page 13 of 28 Last printed 4/7/2006 10:15:00 AM 1.Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, but not including domestic dogs (Canis lupus familiaris) or wolf hybrids which are a cross between a wolf and a domestic dog. 2. Felidae, including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus). 3. Ursidae, including any member of the bear family, or any hybrids thereof. Inherently Dangerous Reptile: Inherently dangerous reptile means any live member of the class reptilia which: 1. is venomous, including, but not necessarily limited to all members of the following families: Helodermidae; Viperidae; Crotalidae; Altractaspidae; Hydrophilidae; and Elapidae; or 2. is a "rear fanged" snake of the family Colubridae that are known to be dangerous to humans, including but not necessarily limited to, all members of the following families: Dispholidus tupus; Thebtornis kirtlandii; and Rhabdophis spp.; or 3. is a member of the order Crocodilia (crocodiles, alligators and caiman). Inherently Dangerous Mammal / Reptile Keeper: Any person who is licensed by the Spokane County Animal Control Authority to harbor and/or own one (1) or more inherently dangerous mammals / reptiles. Ink Manufacture: A facility manufacturing printing ink, and inking supplies. Jewelry, Clock, Musical Instrument, Assembly, Sales/Service: Retail sale, assembly, service and repair or clocks, musical instruments and jewelry. Kennel: An establishment or place, other than an animal or veterinary hospital or clinic or animal shelter, where six or more dogs or six or more cats, or any combination thereof, over six (6) months of age are housed, groomed, bred, boarded, trained or sold commercially or as pets. Laboratories (BIO Safety Level 2, OSHA Standards): A facility in which work is done with the broad spectrum of indigenous moderate-risk agents present in the community and associated with human disease of varying severity. Laboratories (BIO Safety Level 3, OSHA Standards): A facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences. Laboratories, Scientific (BIO Safety Level 4, OSHA Standards): A facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease. Landfill: A licensed facility for the sanitary disposal of solid waste. Landscape Materials Sales Lot: The retail sale of organic and inorganic materials, including but not limited to, soil and soil amendment, bark, sod, gravel, pea gravel, hardscape products, crushed rock, river rock and landscape boulders primarily used for landscaping and site preparation purposes. The exclusive sale of horticultural or floricultural stock that is permitted in a commercial greenhouse or nursery-wholesale shall not be considered landscape materials. Library: An establishment for the sole purpose of loaning and circulating books or providing a reading room and reference service to the public whether conducted by a public or private agency or whether the service is with or without direct cost to the user. Liquor Store: The retail sale of off-premises distilled spirits, beer and wine. COSV Proposed Definitions Page 14 of 28 Last printed 4/7/2006 10:15:00 AM Livestock: Animals, including but not limited to, horses, cattle, llamas, sheep, goats, swine, reindeer, donkeys and mules. Loading Zone: An off-street space or designated area or loading dock located on the same lot or site as the buildings or use served, which provides for the temporary parking of a commercial vehicle while loading or unloading merchandise, materials, or passengers. Locksmith: the sale and repair of locks and other security devices. Lot: an undivided tract or parcel of land having frontage on a public street and designated as a distinct tract. Lot Aggregation: The consolidation of one or more lots into a single parcel through the elimination of lot lines. Lot Area: The area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot. Lot, Corner: A building lot situated at the intersection of two public streets. Lot Coverage: The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective mid-points of the front lot line and rear lot line within the lot boundary. Lot, Flag: A lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line. Lot, Reverse Flag: A lot of irregular shape with reduced access to a rear alley, amenity or natural feature. Lot, Interior: A lot within a subdivision that is not located at the intersection of any adjacent public or private street. Lot Line: A boundary of a building lot. Lot Line, Front: The boundary of a building lot that is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line. Lot Line, Side: A boundary of a lot which is not a front lot line or a rear lot line. Lot Line, Rear: A boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line. Lot of Record: An area of land designated as a residential lot on the plat or subdivision recorded or registered, pursuant to statute, with the Auditor for Spokane County. Lot, Radial: Lots adjacent to curved streets or circular cul-de-sacs with side lot lines running roughly perpendicular to the street right-of-way. Lot Segregation: The re-establishment of lot lines within parcels aggregated for tax purposes. Lot Width: The width of a lot at the front building line. Measurements on irregularly-shaped lots to be taken in a straight line from a point where the front building line crosses the side property lines Lumber Mill, Sawmill, Shingle Mill, Plywood Mill: The manufacture of wood products, including cutting, planning, preservation and veneering, match manufacture and millwork. COSV Proposed Definitions Page 15 of 28 Last printed 4/7/2006 10:15:00 AM Machine Shop: See Metal Fabrication Machine/Machinery Manufacturing: The manufacture of machines and machinery. Manufactured Home Fabrication: The construction and assembly of manufactured housing units. Manufactured (Mobile) Home: A pre-assembled dwelling unit certified by the Washington State Department of Labor and Industries. Manufactured Home Community: A subdivision designed exclusively for manufactured housing. Manufactured (Mobile) Home Park: A site having as its principal use the rental of space for occupancy by two (2) or more manufactured (mobile) homes, and the accessory buildings, structures, and uses customarily incidental to such homes. Manufactured Home Sales: A sales lots for manufactured housing units with display models. Manufacturing, Non-Metallic Metal Products: The manufacture of clay, earthenware, brick, vitreous, cement and concrete manufacture, including readi-mix, concrete block, lime, gypsum, stone and stone-product. Manufacturing, Petroleum & Coal Products: The manufacture of asphalt paving, roofing and coating and petroleum refining. Market, Outdoor: A temporary or seasonal location where produce and agricultural products, including but not limited to pumpkins, Christmas trees and firewood, as well as crafts and other items are offered for sale to the public. Massage Therapy: An establishment providing the therapeutic massage services of a licensed massage therapist. Meat/Fish Cutting, Canning, Curing and Smoking: Includes the processing and packaging of meat and fish for wholesale distribution. Does not include animal slaughter. Meat Packing: Includes the slaughter of live animals and the inspection and processing of animal carcasses. Medical and Laboratory Instrument/Apparatus Manufacture: The manufacture of medical and dental equipment, supplies, and instruments. Medical/Dental Office: A facility housing less than three medical or dental professionals or paraprofessionals. Medical/Dental Clinic: A facility where three or more medical or dental professionals or paraprofessionals, including physicians, dentists, endodontists, physical therapists, dental hygienists, physician assistants, or osteopaths, provide outpatient services on a regular basis. Medical, Dental and Hospital Equipment Supplies and Sales: The sale of medical/dental equipment and supplies, including but not limited to uniforms, prosthetics, pharmacy, optics, and corrective appliances. Metal Fabrication: The fabrication of metal products including chain and cable manufacture, sheet metal fabrication, machining, welding and punching. Metal Plating: The electroplating, galvanizing and dip plating of various kinds of metal. Metal Processes, Hot: metal processes including blast furnace, coke oven, die casting, drop hammer or forge, metal reduction, reclamation, and refining. Mining: Mineral extraction, not including oil and gas. COSV Proposed Definitions Page 16 of 28 Last printed 4/7/2006 10:15:00 AM Mineral Product Manufacturing, Non-Metallic: The manufacture of brick, cement, gypsum, lime, plaster of Paris, tile, stoneware, earthenware and terra cotta manufacturing Mineral Resource Lands: Defined in WAC 365-190-030(14) as now or hereafter amended. Mobile Food Vendors: Itinerant vendors of prepared foods and beverages. Model Home: The temporary use of one or more single family residential units for the marketing and promotion of residential subdivisions. Motor Vehicle Parts, Sales & Service: The retail sales of motor vehicle parts and service, including the installation of tires and batteries, including repair of passenger cars and light trucks. Museum: A premises housing the display of antiquities or artifacts of historical or artistic significance. Music Store: The retail sale of recorded music, musical instruments, sheet music and similar items. Multiple Building Complex: A group of structures, or a single structure, with dividing walls and separate entrances for each business, housing retail businesses, offices, commercial ventures or independent or separate parts of a business which share the same lot, access and/or parking facilities. NAICS: North American Industry Classification System Neighborhood: A geographic area or sub-area bounded by distinct physical boundaries, such major or minor arterials, geologic formations, broad open spaces and similar features, centered around common interests or facilities. Nonconforming: A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations. Nursing Home: See Convalescent home. Occupancy: The type of construction required based on the use of the structure as established by adopted building codes. Office: A business office maintained as a principal use, including but not limited to, insurance, sales, legal or other professional office but does not include medical or dental clinics. See also Medical/dental Clinic. Off-road recreational vehicle use: the operation of any gas-powered motorized vehicle, including but not limited to motorcycles and/or all-terrain vehicles, on private property for recreational purposes. This definition is not intended to include vehicles which were designed/constructed for yard or garden work in residential areas. Off-Street Parking: the amount of vehicular parking to be provided on private property for a specified use. Office Supply and Computer Sales: The retail sale of office supplies and office equipment, including computers, copiers and communication equipment. Open Space: An area accessible to and permanently reserved for the common use and enjoyment of the occupants of residential uses for landscaping, leisure and recreational purposes. Open Space does not include area devoted to parking, accessory uses, landscaping required pursuant to this code, drainage easements, border easements or building separation required under adopted building codes. COSV Proposed Definitions Page 17 of 28 Last printed 4/7/2006 10:15:00 AM Opponent of Record: A person who has provided verbal or written testimony in opposition to a proposal/project before or during the public testimony portion of a hearing, or filled out and submitted a Party of Record Notice indicating opposition prior to the close of the public hearing. Orchard, Tree Farming, Commercial: A planting of trees producing fruit and/or nuts and the cultivation of trees for the purpose of sale. Ordinary High-Water Mark: A mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland. In any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining fresh water shall be the line of mean high water. Owners: Any person, partnership, corporation, association, unincorporated organization, trust or any other legal commercial entity having sufficient proprietary interest to seek development of land. Overlay Zone: A zoning designation that supplements the provisions of the underlying zone within a specified geographic area. Paper Product Manufacturing: The manufacture of paper products. Paper/Pulp Mills: Manufacturing plants producing paper and paper pulp from timber. Park-and-Ride Facility: A parking area or structure used for the specific purpose of storing motor vehicles in order that the occupants can transfer to a higher occupancy vehicle (HOV) (e.g., buses, vans, carpool autos) to complete a trip. Park, Public: A site designated or developed for recreational use by the public. Recreational uses may include, but are not limited to, indoor facilities such as museums, swimming pools and skating rinks, and outdoor facilities such as athletic fields, playgrounds, fishing areas, and areas and trails for hikers, equestrians, bicyclists, or off-road recreational vehicle users. Parking Area, Satellite: A parking area more than three hundred (300) feet away from the establishment, building, structure, or use which it is designed to serve. Parking Facility: A parking area, building, or structure used for the specific purpose of parking or storage of motor vehicles. Party of Record: A person who has provided verbal or written testimony in or regarding a public hearing on a land use action. Paved Surface: A paved surface shall consist of asphalt or Portland cement concrete laid to City specifications. Pawn Shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor. Also includes the retail sales of used items. Permitted Use: An allowable activity or use within a zoning district. Person: A corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof. Person or Party Having Standing: Any party of record. Personal Services: Services including but are not limited to barber shops/beauty salons, nail salons, tanning salons, specialty boutiques, day spas and similar services. Pet Shop: The retail sale of household pets and pet supplies and equipment. COSV Proposed Definitions Page 18 of 28 Last printed 4/7/2006 10:15:00 AM Petroleum and Coal Products Manufacture: The manufacture of petroleum and coal products including lubricating oil, oil compounding Photographic Studio: A retail establishment that provides portrait and other photographic services. Planned Unit Development(P.U.D.): A land development project planned comprehensively as an entity through a design process prescribed by ordinance which permits some flexibility in the regulations of the underlying zone. Planning Agency: The Spokane Valley Community Development Department, together with its planning commission. Planning Commission: See "Commission." Plastic Molding (thermoplastic): A process of converting pelletized plastic into molds using heat, without the use of solvents or volatile organic compounds (VOC). Thermoplastic resins can be melted, formed and resolidified. Thermoplastic processes include injection molding, blow molding, injection blow molding, rotational molding, roto molding, and extrusion molding. Does not include solvent molding. Plastic Molding (Thermoset): an injection molding process which uses heat, industrial processes and solvents to create plastic forms which cannot be re-formed. Thermoset processes include bag molding, cold molding, jet molding, pulp molding, transfer molding and compression molding. Plastic Solvent molding: Also known as Dip molding, forms thermoplastic articles by dipping a male mold and drawing off the solvent to leave a plastic film adhering to the mold. Plastic and Rubber Product Manufacture: A chemical manufacturing process utilizing resin and synthetic compounds for plastics and rubber. Post Office, Postal Center: A facility owned or operated under contract with the U.S. Postal Service for the delivery of mail and packages. Precision Instrument Runway: An existing or planned runway with instrument approach utilizing an Instrument Landing System (ILS), or Precision Approach Radar (PAR) as prescribed by the Federal Aviation Administration. Principal Use: The predominant use to which the lot or property is or may be devoted and to which all other uses are accessory. Principal Structure: The principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permitted use involves more than one building or structure designed or used for the primary purpose, each permitted building or other structure on a lot or building sign as defined by this Code shall be construed as comprising a principal structure. Print Shop: A retail print services, including blueprinting, photostat, copier and other business support services. Printing, Reprographics and Bookbinding: Commercial printing including engraving, manifold form printing and book binding. Repeater Facility: A facility for the non-commercial reception and retransmission of radio signals. Prohibited Use: A use not specifically enumerated as a permitted use, accessory use, with or without standards and conditions, a conditional use, a temporary use, or a nonconforming use. COSV Proposed Definitions Page 19 of 28 Last printed 4/7/2006 10:15:00 AM Public Utility: A regulated public or private enterprise with an exclusive franchise for providing a public service paid for directly by the recipient of that service. Public Utility Local Distribution Facility: Any building, structure, or device which transfers directly to the public the service or supply provided by a public utility, including telephone, electric , gas, cable television, water and sewer, and all other facilities, equipment and structures necessary for conducting a local distribution service by a government or public utility. Public Utility Transmission Facility: Any building, structure, or device which does not directly transfer to the public the service or supply provided by a public utility, including telephone, electric (greater than fifty-five thousand [55,000] volts or fifty-five [55] KV), gas, cable television, water and sewer, and all other facilities, equipment, and structures, including substations, switching stations, and reservoirs. Racecourse: An outdoor track or course laid out for competition, testing, practice or use by motorized vehicles, including but not limited to automobiles, go-carts, all-terrain vehicles, mopeds, scooters, snowmobiles, motorcycles, remote controlled cars and airplanes. See also Entertainment, Outdoor. Racetrack: A state-licensed facility permitting competitive racing of vehicles, horses and dogs. Radio/TV Broadcasting Studio: Facilities serving the broadcast media. Railroad Yard, Repair Shop and Roundhouse: Facilities serving railroad operations. Record: The official file, exhibits, maps and slides including the tape recorded proceedings or transcription thereof. Recreational Vehicle (RV): A vehicular type designed as temporary living quarters for recreational, camping, or travel use, with or without motor power including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. Recreational Vehicle Park/Campground: An area where facilities are provided for recreational or camping vehicles or travel trailers, tents or other portable habitation, utilized by the public as a place for camping, vacationing, or temporary usage, which are in place for not more than thirty (30) days. The park may include certain recreational or service facilities for the use of the residents of the park. Recreational Vehicle Sales and Service: An area for the display, sales and service of recreational vehicles. Restaurant: An establishment serving food to the general public in specific, designated dining areas. Restaurant, Drive-In: an establishment designed and constructed to serve food for consumption on the premises in an automobile or for carry-out for off premises consumption and which establishment may or may not have on-premises dining room or counter. Restaurant, Drive-Through: An establishment serving food to the general public with designated dining areas and allowing carry-out window(s) serving a single lane of automobiles for the purpose of serving food to go where food consumption is not allowed in automobiles on the premises. Retail Sales: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retaining Wall: Any wall not an integral part of a building, used to resist the lateral displacement of earth material. COSV Proposed Definitions Page 20 of 28 Last printed 4/7/2006 10:15:00 AM Senior/Elderly Housing: A housing development designed and restricted for individuals and couples over the age of fifty-five years. Riding Stable: A commercial enterprise renting horses and providing instruction. Right-of-Way: The land area provided by dedication for public use for streets, utilities, walks, and other uses, also providing access to adjoining properties. Roadway: The paved or improved portion of a street/road, designed or ordinarily used for vehicular travel including shoulders, auxiliary lanes, curbs, sidewalks, etc. Rolling Mill: Primary metal manufacturing including the rolling and drawing of purchased steel and steel shape manufacture. Roof: A structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. Runway: Any existing or planned paved surface or turf-covered area of an airport which is specifically designed and used, or planned to be used, for the landing and/or taking off of aircraft. Schools: Public and private institutions of learning offering instruction from kindergarten to grade 12 required by the Education Code of the State of Washington. Schools, Professional, Vocational and Trade Schools: Post-secondary professional and training education. Secondhand Store/Consignment Sales: The sale and resale of used merchandise including thrift shops, and consignment shops. Secure Residential Treatment Facility: See Essential Public Facilities. SEPA: The Washington State Environmental Policy Act of 1971 and administrative codes developed pursuant thereto or any amendments thereto. Sign: A visual communication device, structure, or fixture which is visible from any right-of-way and is intended to aid in promoting the sale of products, goods, services, events or to identify a building using graphics, letters, figures, symbols, trademarks or written copies. Sign types include: • Sign, Abandoned: A sign that advertises a product or service no longer available or a business no longer in operation; a sign which is illegible, non functional, in disrepair, or hazardous as a result of lack of maintenance; a nonconforming sign structure that has lost legal status as a result of abandonment or lack of use. • Sign, Billboard: A structure for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the billboard is located. • Sign, Building: An extension of a building (e.g. awning, canopy, marquee), whether permanent or temporary, which contains copy. • Bulletin Board: See Reader Board. • Sign, Copy: Letters, characters, illustrations, logos, graphics, symbols, writing or any combination thereof, designed to communicate information of any kind, or to advertise, announce or identify a person, entity, business, business product, or to advertise the sale, rental or lease of premises. COSV Proposed Definitions Page 21 of 28 Last printed 4/7/2006 10:15:00 AM • Sign, Copy Area: The area of the sign containing any copy, symbol, sign, logo or graphic. • Sign, Directional: Any sign relating solely to internal pedestrian and vehicular traffic circulation within a complex or project. • Sign, Electronic: A sign that can be changed by electrical, electronic or computerized process; inclusive of video boards. • Sign, Flashing: An electrical sign or portion thereof which changes light intensity in a brief, brilliant, or sudden and transient outburst of light causing a steady on and off, glittering, sparkling, or oscillating pattern. • Sign, Freestanding: A permanent sign not attached to or forming part of a building. • Sign, Freeway: A permanent free-standing on-premises sign or billboard located on a parcel adjacent and contiguous to Interstate Highway 90. • Sign, Inflatable: Any temporary hollow item or character expanded or enlarged by the use of air or gas. • Sign, Menu Board: An on-site display of menu items at a restaurant; not meant to be viewed from the street. • Sign, Monument: A sign and supporting structure constructed as a solid structure or one that gives the appearance of a continuous, non-hollow, unbroken mass. • Sign, Multi-Business Complex: A sign with a primary facility name and a list of the individual stores or businesses mounted on one structural element. Such a sign type includes signage describing a mall arrangement, a strip-center development, an industrial park complex, or a multi-business structure or complex of buildings with a unifying name and a listing of businesses contained within the grouping. • Mural: A work of art applied directly to a wall, ceiling, or floor surface where forms and/or figures are the dominant elements and not intended for commercial advertising. Any form of wording or logo shall be of secondary nature to a mural. • Name Plate: A sign showing only the name and address of the owner or occupant of the premises. • Sign, Non-Conforming: Any sign which was lawfully erected and maintained on private property which now, as a result of code amendments, does not conform to all applicable regulations and restrictions of this chapter. • Sign, Notice: A sign intended to safeguard the premises (e.g. "No Parking", "No Trespassing", "Watch Dog on Duty"); or which identifies emergency telephone number, hours, and security information. • Sign, Obsolete: A sign not removed within thirty-six months by the owner or lessee of the premises upon which the sign is located when the advertised business is no longer conducted on the premises. • Sign, Official: A sign erected by a governmental agency within its territorial jurisdiction for the purpose of carrying out an official duty or responsibility and including, but not limited to, traffic signs and signals, zoning signs, and street signs. Special lighting or COSV Proposed Definitions Page 22 of 28 Last printed 4/7/2006 10:15:00 AM banners celebrating seasonal or civic events sponsored and/or endorsed by the City Council may be Official signs. • Sign, Off-Premise: A sign displaying copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. • Sign, On-Premise: A sign which advertises or directs attention to a business, person, organization, activity, event, place, service, or product which is manufactured and/or available on the premises where the sign is located. • Sign, Portable: A sign not permanently attached or affixed to the ground or other permanent structure, or a sign designed to be transported or moved from place to place, including, but not limited to signs designed to be transported by means of wheels. • Reader Board: A sign face consisting of tracks to hold readily changeable letters allowing frequent changes of copy. • Sign, Roof: A sign supported by and erected on or above a roof. • Sign Area: The gross surface area of the sign, including a single surface of a sign with messages on both sides, the sum of all surfaces where two or more signs share a single structure, the gross surface area of both faces of a V-shaped sign; and the copy area of a monument sign. In the case of an irregularly shaped sign, the sign area is calculated by enclosing the extreme limits of the sign by no more than four (4) rectangles. The sum of the area of the rectangles shall be the gross surface area. The maximum allowable area is reduced by 10% for the second and each subsequent rectangle used in the calculation. • Sign, Support Structure(s): Posts or columns and the anchors and bolts that structurally support the sign attached to it. • Sign, Temporary: A sign which is to be removed within a specific period of time or upon the occurrence of a specified event meeting the height and area requirements of Table 7.02; inclusive of inflatables. • Sign, Three-Sided: A sign with three faces. • Sign, Two-Sided: A sign with two faces. • Sign, Video Board: See Electronic Sign. • Wall Area: The two dimensional representation of a building elevation, including windows and doors, excluding eaves. • Sign, Wall (attached): A permanent sign attached or erected parallel to and extending not more than fifteen (15) inches from the façade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of said wall or façade. Signs incorporated into mansard roofs, marquees or canopies are wall signs. Sign Manufacturing/Repair: The manufacture of commercial signs and sign support structures. Sign Painting Shop: The painting, etching or printing of sign copy. COSV Proposed Definitions Page 23 of 28 Last printed 4/7/2006 10:15:00 AM Site Development Plan: A plan drawn to scale for one (1) or more lots, parcels or tracts on which is shown the existing and proposed conditions of the lot, tract or parcel. Soap and Cleaning Compound Manufacturing: The manufacture of soaps, detergents and cleaning chemicals and solvents. Solid Waste: All putrescible and non-putrescible solid and semisolid material, including, but not limited to, garbage, refuse, bulky wastes, inert waste, agricultural solid waste, sewage sludge and demolition and construction wastes. Solid Waste Recycling/Transfer Site: A site storing solid waste or recyclable materials, prior to transport to a central disposal or collection location. Specialized Training/Learning Schools/Studios: Gymnastics, martial arts and dance studios and similar activities providing instruction to persons of all ages. Specified Anatomical Areas: Human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, when such areas are less than completely and opaquely covered. This definition shall also include human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Stealth: Any Wireless Communications Antenna Array or Wireless Communication Support Tower which is designed to blend into the surrounding environment. Examples of stealth may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and wireless communication support towers designed to look like trees, clock towers, bell steeples, light poles or flag poles. Storage, General Indoor: The storage of equipment, merchandise and supplies within an enclosed structure. Storage, General Outdoor: The storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. Storage, Self-Service Facility: A facility including buildings and/or structures containing spaces of varying sizes leased, rented or sold on an individual basis and used exclusively for the storage of excess property and outdoor storage of vehicles and boats. Stormwater Drainage Facility: Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate evaporate, divert, treat or filter stormwater. Stormwater facilities include but are not limited to, pipes, ditches, culverts, street gutters, detention ponds, retention ponds, evaporation ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators and swales. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of a topmost floor and the ceiling or roof above. Street, Arterial Principal: Principal arterials serve the major centers of activity in urbanized areas and include the highest traffic volume corridors, serve the longest trips and carry a high proportion of the total urban travel, even though they constitute a relatively small percentage of the total roadway network. COSV Proposed Definitions Page 24 of 28 Last printed 4/7/2006 10:15:00 AM Street, Arterial, Minor: The minor arterial street system interconnects with and augments the principal arterial system. It accommodates trips of moderate length at a lower level of travel mobility than principal arterials. This system places more emphasis on land access than the principal arterial system. Such a facility may carry local bus routes and provide intra-community continuity, but ideally does not penetrate identifiable Street, Collector: The collector provides both land access and traffic circulation within residential neighborhoods and commercial and industrial areas. It differs from the arterial system in that facilities from the collector system may penetrate residential neighborhoods, distributing trips from arterials through the area to their ultimate destinations. Conversely, the collector system also collects traffic from local streets in residential neighborhoods and channels it into the arterial system. Street, Flanking: One of the two streets abutting a corner lot which is not parallel with the lot front line. Street, Local Access: A street providing access to abutting property. Structure: Any construction, including a building or any portion thereof, erected for the purposes of support, shelter or enclosure of persons, animals or property of any kind, including swimming pools, decks in excess of thirty (30) inches in height, and roof overhangs exceeding three (3) feet. A fence of six feet (6'-0") or less in height is not a structure for purposes of this chapter, nor a masonry, brick, concrete, or cinder block wall of less than twenty-four inches in height. Subdivision: The subdivision of land into two or more parts for the purpose of establishing building sites, and including both short subdivisions and long subdivisions. Tailor: A personal service providing alterations and fittings for apparel. Tank Storage (LPG): The storage of liquefied petroleum gas or its component gases. Tank Storage, Critical Materials: The storage of critical materials, including but not limited gasoline, kerosene, diesel, lubricating oils, and solvents. Tanning and Curing of Hides: The preparation of animal hides and skins for the manufacture of leather products. Tavern: A retail establishment serving alcoholic beverages with incidental food service. Taxidermy: The operation of preserving, stuffing and mounting the skins of dead birds and animals for exhibition. Theater: A structure or area designed for the presentation of live performances, including dramatic works and concerts, or motion pictures. Telecommunications: The transmission, between or among points specified by the user, of audio and/or visual information and data of the user's choosing, without change in the form or content of the information as sent and received. • Alternative Mounting Structure: A water tower, man made tree, clock tower, church steeple, bell tower, utility pole, light standard, free standing sign, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. • Antenna: A structure or device used to collect or radiate radio, television, or microwave electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omni-directional antennas, such as whips, but not including satellite earth stations or noncommercial antennae installations for home use of radio or television. COSV Proposed Definitions Page 25 of 28 Last printed 4/7/2006 10:15:00 AM • Array: An arrangement of antennas and their supporting structure. • Collocation: A single telecommunications tower and/or site used by more than one telecommunications service provider. • Dish: A parabolic or bowl shaped device that receives and/or transmits signals in a specific directional pattern. • EIA-222: Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures." • Electric Transmission: A self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers. • Guyed: Any telecommunications tower supported in whole or in part by cables anchored to the ground. • Height: The distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any. • Monopole: A self-supporting telecommunications tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation. • Panel: An antenna which receives and/or transmits signals in a directional pattern. • Self-Supporting Lattice: A telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross-section. • Service: The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. • Stealth: A telecommunications antenna that is effectively camouflaged or concealed from view. • Telecommunications Antenna An antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in non-residential districts, and whip antennas less than 4 inches (10 cm) in diameter and less than 10 feet in height. • Tower: A self-supporting or guyed structure more than twenty feet in height, built primarily to support one or more telecommunications antennas. • Whip: An omni-directional dipole antenna of cylindrical shape which is no more than 6 inches in diameter. Temporary Use: A use permitted for a specified period of time. Textile Manufacture: The manufacture of textiles, carpet, canvas and cordage, including knitting. Tire Recap and Retread Manufacture: The process of refurbishing and retreading used vehicle tires. Title Notice: A document recorded with the County Auditor for the purpose of disclosure of important information, special conditions, restrictions, and/or circumstances that affect the property to a purchaser, lender and others. Tower, Ham Operator: A structure less than seventy-five (75) feet in height above grade used for two-way (2) communication for hobby or emergency service purposes by private individuals. COSV Proposed Definitions Page 26 of 28 Last printed 4/7/2006 10:15:00 AM Tower, Wind Turbine Support: A structure not enclosed with exterior walls used for the production of energy such as a wind turbine tower. (Public utility towers used for the distribution or transmission of electricity and Wireless Communication Support Towers are not included in this definition. Transit Center: A facility serving transit patrons which may serve as a transfer point between different transportation modes and routes, and providing parking. Transitional Housing: Congregate living facilities for temporarily displaced individuals and families with an on-site resident manager, including but not limited to homeless and protective shelters. Detention and Post-detention Facilities, Hospital, Psychiatric and/or Substance Abuse and Secure Community Transition Facilities are not transitional housing. Truck Sales, Rental, Repair and Maintenance: Land and facilities offering the sale service and maintenance of motor vehicles and cargo trailers with a manufacturers gross vehicle weight in excess of one-ton. Truck Stop: A facility providing parking, fueling, and restaurant services for large trucks, and may include truck washing facilities, sleeping accommodations and showers for drivers. Upholstery Shop: A retail service for the upholstery and re-upholstery of furniture. Variance: The means by which an adjustment may be made in the application of the specific regulations of this Code to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the vicinity and similar zone classification and which adjustment remedies the difference in privileges, provided, that a variance granted shall not authorize a use otherwise prohibited in the zone classification in which the property is located. Vehicle: An item, not a manufactured (mobile) home, which is designed to transport objects, merchandise, other articles, or persons from one point to another whether the item (vehicle) is operable or inoperable. Veterinary Hospital or Clinic, Small Animal: An establishment other than a kennel in which veterinary medical services, clipping, bathing, boarding and similar services, are rendered to dogs, cats and other small animals and domestic pets. Veterinary Hospital or Clinic, Large Animal: An establishment providing veterinary medical services and similar services to !livestock, such as horses, cows, donkeys, sheep, pigs, and similar animals, and may include outdoor pens. WRIA: Water Resources Inventory Area. Warehouse: A building in which more than fifty percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building. Wholesale business: Those businesses which sell, broker, transfer, receive or otherwise handle volume commodities for fabrication, resale or internal commercial or industrial consumption. Wood Product Manufacturing - manufacture wood products, such as lumber, plywood, veneers, wood containers, wood flooring, wood trusses, manufactured homes (i.e., mobile home), and prefabricated wood buildings. The production processes include sawing, planing, shaping, laminating, and assembling of wood products starting from logs that are cut into bolts, or lumber that then may be further cut, or shaped by lathes or other shaping tools. Welding: The process of uniting metal parts through heat and/or pressure. Wrecking, Junk and Salvage Yards: Any area, lot, land, parcel, building, structure or part thereof where waste, discarded or salvaged materials are exchanged, handled, bought, sold, COSV Proposed Definitions Page 27 of 28 Last printed 4/7/2006 10:15:00 AM baled, packed, stripped, stored, dumped or disassembled, including but not limited to inoperable vehicles, tires, machines or remnants thereof, and/or metals, paper, rags, tires and bottles. Yard: An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward. • Front Yard: An area extending across the full width of a lot and lying between the lot front line and building setback line. The front yard is generally recognized by location of the main entrance to the building and/or orientation to the primary street. " • Rear Yard: An area extending across the full width of the lot and lying between the lot rear line and that portion of a proposed or existing building or structure closest to the lot rear line or between the lot rear line and the required rear yard depth in each classification when no building or structure exists or is proposed. Side Yard - That area of a lot, unoccupied, which is neither a front yard, a rear yard nor a flanking street yard. • Flanking Street Yard: That unoccupied area of a lot which is coterminous with a flanking street bounded by the front yard and rear yard and the flanking street yard depth. Youth Camp: The use of a site for indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding and incidental food service. Zone, Zoning District: A use classifications established for the purpose of promoting orderly and efficient development of land compatible with surrounding areas implementing the Comprehensive Plan. Zoning District, Zoning District, Zoning District, Light Industrial: A zoning district permitting manufacturing and other industrial uses, including the fabrication, transformation, or assembly of products that do not involve the generation of objectionable noise, odor, vibration, and dust or hazard. Zoning District, Heavy Industrial: A zoning district permitting manufacturing and other industrial uses, including mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics and resins. Zoning District, Residential: Zoning districts established for residential purposes. Zoological Park: Any facility other than a pet shop, circus, or kennel displaying, exhibiting or keeping (one or more) species of animals. COSV Proposed Definitions Page 28 of 28