17.04.010 - Purpose.

A.

In adopting this zoning title, the town of Naches recognizes that there is a need to regulate the use of land to promote the public health, safety and general welfare. The town recognizes the opportunities to obtain an environment of high quality without unduly high public or private expenditures for development and without unreasonably restricting private enterprise or initiative.

B.

The town further recognizes that since the general welfare of the public is superior in importance to the pecuniary profits of the individual, this title may: (1) limit the use of property; (2) cause depreciation of property values; or (3) prevent the most profitable use of the land. Zoning does not, therefore, constitute a vested right. Also, if some reasonable use of the property is allowed by this title, the effect is not confiscatory and is a proper exercise of the police power.

(Ord. 358 § 1 (part), 1987)

17.04.020 - Principles.

This title, in order to obtain the greatest benefits from the opportunities which exist in the town, has been prepared in accordance with the following principles:

A.

This title is based on the Naches sub-area comprehensive plan with respect to the general pattern of future land uses and the principles of future land development expressed in said plan.

B.

This title recognizes the importance to the community of all legitimate uses of land. This title further recognizes the need of all such uses to be protected from other uses which are unrelated or incompatible.

C.

Uses which would affect adjoining uses or the public welfare, unless regulated in a particular way and meeting established standards and criteria, may be allowed as conditional uses subject to the review of the planning commission and town council.

(Ord. 358 § 1 (part), 1987)

17.04.030 - Definitions.*

As used in this title, the following words and phrases shall be defined as follows:

"Abut" means contiguous to or immediately joining. For example, two common property lines are considered to be abutting.

"Accessory structure" or "accessory use" means a structure or use incidental, appropriated, and subordinate to the main use of the property and located on the same lot as the main use.

"Alley" means a street which affords only a secondary means of vehicular access to property.

"Alter" means any change, modification or addition in constructing a building.

"Automobile wrecking yard" means any property where two or more vehicles not in running condition, or the parts thereof, are wrecked, dismantled, disassembled, substantially altered, or stored in the open.

"Building" means any structure used or intended for supporting, sheltering or enclosing any use or occupancy.

"Club" means a facility owned or operated for a social, educational or recreational purpose, to which membership is required for participation and which is neither operated primarily for profit nor to render a service which is customarily carried on by a business.

Conditional Use. Certain uses, because of their size, special requirements, or possible safety hazards may have detrimental effects on surrounding properties, but may also be compatible with the other uses if they are properly designed. Such uses are classified as conditional uses and require conditional use permits.

"Day care center" means a day care facility serving thirteen (13) or more individuals.

"Day care facility" means a building or structure in which an agency, person or persons regularly provide care for a group of non-related individuals (children or adults) for periods of less than twenty-four (24) hours per day. This includes family day care homes and day care centers.

"Day care home, family" means an in-home day care facility serving one to twelve (12) individuals.

Dwelling, Multifamily. "Multifamily dwelling" means a building containing three or more dwelling units.

Dwelling, Two-Family. "Two-family dwelling" means a detached building containing two dwelling units.

Dwelling, Single-Family. "Single-family dwelling" means a detached building containing one dwelling unit, including mobilehomes, pursuant to Chapter 17.32.

"Family" means one or more persons related by blood, marriage, legal adoption or guardianship living together in a dwelling unit in which board or lodging may also be provided for not more than four additional persons who need not be related by the above living together in a dwelling unit.

Fence, Sight-Obscuring (or Visual Barrier). "Sight-obscuring fence" means a continuous fence, wall, evergreen planting or combination thereof, constructed and/or planted so as to effectively screen the particular use from view.

"Floor area" means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof, not provided with surrounding exterior walls, shall be the usable area under the vertical projection of the roof or floor above.

"Garage" means a building or a portion of a building principally for vehicular equipment such as automobiles, boats, etc., not more than one thousand (1,000) square feet in area, in which only motor vehicles, used by the tenants of the building or buildings on the premises, are stored or kept.

"Grade (ground level)" means the average elevation of the finished ground level at centers of all walls of a building.

"Hazardous waste" means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), except for moderate risk waste as set forth in RCW 70.105.010(17).

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

"Hazardous waste storage" means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC.

"Hazardous waste treatment" means the physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC.

"Height of a building" means the vertical distance from the average elevation of the proposed finished grade at the front structure line to the highest point of the building.

"Home occupations" means any use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental to the residential use and not primarily considered as a business, and which complies with the conditions of Chapter 17.40.

"Junk yard" means any property used for breaking up, dismantling, sorting, storing, distribution, buying, selling, packing or bailing any scrap, waste material, or use equipment or machinery of any nature.

"Loading space" means an off-street space within a building or on the same lot with a building for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or materials and which space has direct access to a street or alley.

"Lot" means a buildable unit of land that was created by a subdivision of land, or a single parcel or tract of land shown on a plat or recorded by metes and bounds. A lot shall include two or more abutting lots when used as a single lot, excluding lots lawfully divided or partitioned.

"Lot area" means the total horizontal area within the lot lines of a lot, exclusive of public and private roads and easements of access to other property.

"Lot coverage" means that percentage of the total area of a lot which is covered by the principal and accessory buildings, and driveways.

Lot, Corner. "Corner lot" means a lot abutting on two or more streets, other than an alley, at their intersection.

"Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

"Lot line" means the property line bounding a lot.

Lot Line, Front. "Front lot line" means the lot line separating the lot from a street other than an alley, and in the case of a corner lot, the shortest lot line along a street other than an alley.

Lot Line, Rear. "Rear lot line" means the lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a "rear lot line" ten feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side. "Side lot line" means any lot line not a front or rear lot line.

"Lot width" means the average horizontal distance between the side lot lines.

"Lot of record" means any lot established by an approved and recorded plat in which the lot is located.

"Main use" means the specific purpose for which land and/or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

Mobilehome. As defined in Chapter 17.32.

"Mobilehome parks" means a parcel of land under single ownership which has been planned and improved for the placement of ten or more mobilehomes on rental spaces for dwelling purposes.

"Multifamily housing" means a residential building designed for or occupied by two or more families, with the number of families in residence not exceeding the number of dwelling units provided.

"Nonconforming structure" means a lawful existing structure at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the dimensional or other requirements of the zone in which it is located.

"Nonconforming use" means a lawful existing use at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the use requirements of the zone in which it is located.

"Off-site hazardous waste treatment and storage" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facility is located.

"Off-site hazardous waste treatment and storage" means hazardous waste treatment and storage facilities that treat and store wastes generated on the same property.

"Parking space" means an off-street enclosed or unenclosed surfaced area of not less than twenty (20) feet by ten feet in size, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one vehicle, and connected with a street by a surfaced driveway which affords ingress and egress for automobiles.

"Person" means every natural person, firm, partnership, association, social or fraternal organization, corporation, trust, estate, receiver, syndicate, branch of government or any group or combination acting as a unit.

"Professional office" means an office occupied by doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers or surveyors or persons engaged in similar occupations.

"Right-of-way" means the area between the boundary lines of a street, road or other easement.

"Setback" means the distance between a lot line and a structure, as required by this title.

"Sign" means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes.

"State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW 70.105.210.

"Street" means a public right-of-way designed for motor vehicular and pedestrian traffic.

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

"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece or work composed of parts jointed together in some definite manner and includes posts for fences and signs, but does not include mounds of earth or debris.

"Trailer house" means a vehicle or similar portable device originally designed or presently constructed to permit temporary human occupancy for living and sleeping purposes and having permanent kitchen and bath facilities. A mobilehome is a type of trailer.

"Use" means the purpose for which land or a structure is designed, arranged or intended or for which it is occupied and maintained.

"Yard" means an open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this title.

Yard, Front. "Front yard" means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building. Any yard meeting this definition and abutting on a street other than an alley shall be considered the front yard.

Yard, Rear. "Rear yard" means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a main building.

Yard, Side. "Side yard" means a yard between the front and rear yard measured horizontally, at right angles from the side lot line to the nearest point of a main building.

Yard, Street Side. "Street side yard" means a yard adjacent to a street between the front yard and rear lot line measured horizontally at right angles from the side lot line to the nearest point of a building.

(Ord. 522 (part), 1999; Ord. 365 § 1, 1988; Ord. 358 § 2, 1987)

Editor's note—

*  Editor's Note: Diagrams for lot dimensions, setbacks and measurement of building heights are at the end of this chapter.

Diagram 17.04.030A

LOT DIMENSIONS

Diagram 17.04.030B

SETBACKS

Diagram 17.04.030C

MEASUREMENT OF BUILDING HEIGHTS