§ 21.08.010. Generally.

Definitions . The following words and terms shall have the meaning set forth below. Where there is ambiguity, a dictionary shall be consulted to aid in interpreting the word or term in a manner that accomplishes the intent of this section.

Abutting means contiguous or adjoining with a common boundary line. It shall include the terms adjacent , adjoining and contiguous.

Access or access way means the place, means or the way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

Accessory antenna device means an antenna including, but not limited to, test mobile antennas and global positioning (GPS) antennas which are less than 12 inches in height or width, excluding the support structure.

Accessory building means a supplemental building detached from the main building and used for purposes customarily incidental to those of the main building and located on the same lot therewith.

Accessory dwelling unit ( ADU ) means is an additional smaller, subordinate dwelling unit on a lot with, or in, an existing or new single-family residence.

Accessory use means a building, part of a building, structure, area or use which is subordinate to, and which is customarily incidental to, the essential or primary use.

Adult family home means a dwelling unit with a facility as defined in RCW 70.128.010.

Adult entertainment business means any store, establishment, tavern, club, or theater having more than 30 percent of its stock and trade, books, magazines, or other periodicals or video movies, films, photographs, live appearances, or performances which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified anatomical areas" or "specified sexual activities," as defined in sections 21.08.497 and 21.08.498. Any establishment or premises having a substantial or significant portion of its trade, the display, barter, rental, or sale of printed matter, pictures, graphics, or other materials or paraphernalia distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined hereinafter, or any "sexually oriented adult entertainment premises," as defined hereafter, including but not limited to adult bookstores, adult entertainment shows, adult motion picture theaters, and adult arcades.

Adult arcade means an establishment containing any individual viewing areas or booths, where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of specified sexual activities or specified anatomical areas.

Adult bookstore , novelty store , or adult video store means any premises from which minors are excluded and in which:

(1)

The retail sale of books, magazines, newspapers, movie films, devices, slides, sexually oriented paraphernalia or novelty items, or other photographic or written reproductions distinguished or characterized by their emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical areas is conducted as a principal use of the premises or as an adjunct to some other business activity, but which constitutes the primary or a major attraction to the premises.

(2)

An establishment may have other principal business purposes that do not involve the offering of sale or rental of materials depicting, describing, or reproducing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, novelty store or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, novelty store, or adult video store so long as 30 percent or more of its inventory or floor space is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified sexual activities or specified anatomical areas.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features sexually-oriented live entertainment.

Adult motel means a hotel, motel, or similar commercial establishment:

(1)

Which offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of specified sexual activities or specified anatomical areas; or has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(2)

Which offers a sleeping room for rent for a rental fee period of time that is less than 20 hours; or

(3)

Which allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 20 hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas are shown for any form of consideration.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, features persons who appear live in a semi-nude or nude state, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.

Agriculture, existing and ongoing means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock ponds or drainage ditches; the operation and maintenance of ditches, irrigation systems (including irrigation laterals, canals, or irrigation drainage ditches); changes between agricultural activities; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities that bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition.

Alley means a public right-of-way or private easement not over 20 feet wide which provides a secondary means of access to abutting lots, not intended by the city for general traffic circulation. This may also include above ground and below ground utility easements.

Amendment means a change in the wording, context or substance of this title or the comprehensive plan, or a change in the boundaries of a district upon the zoning district map or the boundaries of a designation on the comprehensive plan map.

Animal, large means animals including, but not limited to, horses, donkeys, burros, llamas, bovines, goats, sheep, swine and other animals or livestock of similar size and type.

Animal, small means animals or fowl including, but not limited to, dogs, cats, chickens, guinea hens, geese, ducks, turkeys, pigeons, rabbits, mink, chinchilla, nutria, gnawing animals in general and other animals or fowl of similar size and type. Young or miniature large animals are not included in this definition, and are considered large animals.

Annexation means the incorporation of a land area into the City of Cheney with a resulting change in the boundaries of the city.

Antenna means a device used to transmit and/or receive radio or electromagnetic waves between land- and/or satellite-based structures; any device commonly consisting of poles, panels, rods, reflecting discs or similar device use for the transmission or reception of radio frequency signals, typically mounted on a supporting tower, pole, mast or building.

Archaeological resources means any material remains of human life or activities that are of archaeological interest. This shall include all sites, objects, structures, artifacts, implements, and locations of prehistoric or archaeological interest, whether previously recorded or still unrecognized, including, but not limited to, those pertaining to prehistoric and historic American Indian or aboriginal burials, campsites, dwellings, and their habitation sites, including rock shelters and caves, their artifacts and implements of culture such as projectile points, arrowheads, skeletal remains, grave goods, basketry, pestles, mauls, and grinding stones, knives, scrapers, rock carvings and paintings, and other implements and artifacts of any material [WAC 25-48-020(10)]. This shall also include any material remains of human life or activities from historic periods which are located at least partially below the ground surface necessitating the use of archaeological methods for study or recovery.

Arterial means any principal arterial, minor arterial, or collector arterial streets.

Assisted living facility means any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria (RCW Chapter 18.20):

(1)

Provides room and board; and

(2)

Provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, personal care services for three or more adults who are not related to their care provider; and

(3)

Collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same.

Attached wireless communication facility means a wireless communication facility that is affixed to an existing structure.

Automobile or truck sales means an area other than a street used for the display and sale of more than two new or used automobiles or trucks in any 30-day period and where no repair work is done except that necessary for completion of the sale.

Automobile wrecking means the dismantling or disassembling of motor vehicles, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts. Three or more dismantled, obsolete or inoperable motor vehicles on one lot shall constitute a wrecking yard.

Awning ( sign ) means a hood or cover which projects from the wall of a building, of a type which may be retracted, folded or collapsed against the face of a supporting building.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base zone means the zoning designation applicable to a parcel of property irrespective of an overlay district as reflected on the Cheney Zoning Map.

Bed-and-breakfast means a facility where an individual, family, or functional family resides in a single-family residence and rents bedrooms to overnight guests.

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

Boarding home means a facility as defined in RCW 18.20.020.

Breezeway means a structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings.

Building means a structure that has a roof and is enclosed on at least 50 percent of its sides.

Building envelope means that portion of a legal lot exclusive of the areas required for front, side, and rear yards and other required open spaces and which is available for siting and constructing a building or buildings.

Building height means the vertical distance from the average grade to the average height of the roof peak of the building, (see also WAC 173.27.030). See CMC Chapter 21.10 (Measurements) to see how building height is calculated.

Building, main means any building occupied by the essential use of the zone in which the building is located.

Building, public means buildings constructed or used for a public purpose, which shall include school buildings, police stations, fire stations, libraries, city hall, community centers, school stadiums and post office (except utility substation).

Capital facilities plan means the City of Cheney Capital Facilities Plan element of the comprehensive plan adopted pursuant to RCW Chapter 36.70A and RCW 82.02.050, and as such plan is amended.

Caretaker residence means a single unit providing a complete independent living space for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation (same as dwelling).

Change of use means any use that differs from the previous use as defined in the use classifications. See CMC Chapter 21.12 (Zoning and Use Classifications) for a list of use classifications.

Child day care center means a facility as defined in RCW 43.215.010.

Clear view triangle means an area, typically triangular in shape adjacent to a driveway or at a property corner where two streets (or an alley and street) intersect, that must be maintained clear of visual obstructions to provide visibility to motorists and pedestrians.

Clinic means a building or portion of a building containing offices for providing medical, dental, or psychiatric services for outpatients only.

Closed record approval hearing means an administrative hearing to approve or deny a project permit that is on the record to the city council following an open record pre-decision hearing as defined by WAC 197-11-775 before the planning commission or hearings examiner.

Club, private means a nonprofit, social organization whose premises are restricted to its members and their guests.

Co-location means when more than one wireless communications provider mounts equipment on a single support structure (i.e., building, monopole, lattice tower).

Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

(1)

Has a gross combination weight rating of 11,794 or more kilograms or more (26,001 pounds or more) inclusive of towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or

(2)

Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more).

Compatible means being in a consistent and harmonious manner with others and surroundings.

Concurrent means that the existing capacity of an affected transportation corridor or transportation management zone is sufficient to accommodate the projected transportation impacts of a proposed development; or that transportation system improvements, strategies, or other mitigation measures which will achieve or maintain an operating level at or above the applicable level of service for the affected transportation corridor or management zone.

Conditional use means a use listed among those classified in any given zone but permitted to locate only after review by the planning commission and the decision to grant a conditional use permit. The planning commission may impose such performance standards as will make the use compatible with other permitted uses in the same vicinity and zone, and assure against imposing excessive demands upon public facilities.

Congregate housing means a dwelling other than a hotel or motel where sleeping, bathing and toilet accommodations and/or eating for four or fewer unrelated persons are provided.

Contractor's yard means an area where a building, electrical, plumbing and/or heating contractor or building company, stores goods, building materials, or building equipment, including company owned or operated trucks and motor vehicles. This shall not include storage of materials to be used within 180 days for the improvement of a residence or business on the property which it is to be constructed. Such material or equipment is screened by a sight-obscuring fence, or placed within an enclosed building.

Contributing means a property which dates to the historic period and retains sufficient physical integrity so as to convey its historic character.

Co-tenant means a person who resides with the applicant for the deferral and who has an ownership interest in the residence.

Court means an open, unoccupied space on the same lot with a building or group of buildings, and bounded on three or more sides by such building or buildings.

Court, inner means any court bounded on all sides.

Cultural resources means the historic or prehistoric or archeological sites and standing structures, cemeteries, burial grounds and funerary objects and distributions of cultural remains and artifacts.

Dedication means the limited grant by a property owner allowing the use of property by the public for specified purposes by means of a deed or transfer to the city.

Deed means a legal document conveying ownership of real property.

Den is a bedroom (regardless of size or square footage) and for the purposes of parking and will be considered a sleeping unit count towards the required minimum parking requirement.

Density means a measurement of ratio comparing the number of dwelling units with land area in relationship to a specified amount of land, expressed as the number of residential dwelling units per acre of land or the amount of land area expressed in the square feet of land assignable to each dwelling unit in a residential development.

Density, net means the development density derived by dividing the net buildable area of the subject property (gross area less the total aggregate area required by the city for public or private streets, schools or other public facilities, not including parks and public or private recreation facilities dedicated or created as an integral part of the development) by the applicable lot size or area per unit.

Density, gross means the development density derived by dividing the gross area of the subject property by the applicable minimum lot size. Gross density is used to determine the maximum number of lots that may be achieved on a parcel being developed.

Directional antenna means an antenna that transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.

Dormitory means a residence hall that provides sleeping rooms with bathing and toilet facilities for rent.

Driveway means the area that provides vehicle access to a site.

Duplex means a building that contains two primary dwelling units on one parcel. The units must share a common wall or common floor/ceiling.

Dwelling unit means a building, or a portion of a building, that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a family or a functional family. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly accessory, such as an outdoor grill.

Easement means a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.

Equipment shelter means equipment shelter or cabinet is a room cabinet or building used to house equipment for utility or service providers.

Essential public facilities means public facilities and privately-owned or operated facilities serving a public purpose that are typically difficult to site. They include, but are not limited to: airports, state education facilities, state or regional transportation facilities, prisons, jails, other correctional facilities, and solid waste handling facilities. These facilities are of state-wide and regional significance, as opposed to facilities which only serve Spokane County. Therefore, local transit service is not considered an essential public facility. Essential public facilities will be allowed in locations appropriate for the services provided and the people served.

Exception means permission to depart from a specific design standard in this title.

Façade means any exterior building face, from corner to corner and finished floor to eave, exclusive of any roof area.

Family means one or more persons related by blood, marriage or legal adoption, residing in a single dwelling unit. In order to qualify as a family by relationship, each and every person must be related to each other person residing in the dwelling unit. Relationship shall be limited to the following: parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousin, spouse, step relations, in-law relations of the same degree listed herein, legally adopted or state assigned foster children, and students participating in a recognized foreign exchange program.

Family day care provider means a facility as defined in RCW 43.215.010.

Fence means a barrier, as of wooden or metal posts, rails, wire mesh, etc., used as a boundary or means of protection or confinement.

Findings means a written statement of the facts determined to be relevant by the approval authority as the basis for making its decision. The approval authority applies the relevant facts to the approval criteria or standards to reach its decision.

Floodplain means any area susceptible to being inundated by water from any source.

Floodway ( regulatory ) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floor area means the total floor area of a building that is above ground. Floor area is measured from the exterior faces of a building or structure. Floor area includes the area devoted to structured parking. Floor area does not include roofed porches, exterior balconies, or other similar areas.

Foster family home means a facility as defined in RCW 74.15.010(e).

Fraternities and sororities means social organizations normally associated with college and university campuses.

Frontage means that portion of a parcel of property that abuts a dedicated public street, highway or approved private street, from property line to property line.

Front yard . The area between the building and the front property line. See CMC 21.10 (Measurements) to see how setbacks are calculated.

Functional family means a group of unrelated persons, limited to not more than two adult persons (together with their respective family members), living together as a single housekeeping unit, and sharing and operating a unified and common household.

Garage means a covered structure designed to provide shelter for vehicles, and which is accessory to one or more dwellings. Carports are considered garages. A garage may be attached or detached from another structure.

Gasoline service station means a building used primarily for the retail sale of fuels, lubricants, and other operating commodities for motor vehicles.

Ground-disturbing action or activity means any development, construction, or related operation which could alter the site, including, but not limited to: tree or tree stump removal, road or building construction or grading.

Group care facility means a facility as defined in RCW 74.15.010.

Group living means living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment or residents.

Guyed tower means is a wireless communication support structure which is usually over 100 feet tall, which consists of metal cross strips or bars and is steadied by wire guys in a radial pattern around the tower. Guyed towers are often constructed in rural areas and are used to support antennas and related equipment.

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

Hazardous waste storage means the holding of hazardous waste for a temporary period. Accumulation of hazardous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.

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

Hazardous waste treatment and storage facility, off-site means treatment and storage facilities which treat and store hazardous wastes generated on properties other than those on which the offsite facilities may be located. This use is always the primary use of the property.

Hazardous waste treatment and storage facility, on-site means treatment and storage facilities which treat and store hazardous wastes generated on the same property. This activity is always the accessory use to a primary activity on the property.

Hedge means a row of closely planted shrubs, bushes, etc. forming a boundary or border.

Historic district means a geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development.

Home occupation means an occupation carried on entirely within a residence by the occupants thereof, which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character thereof or manifest any characteristic of a business in the ordinary meaning of the term, and does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes.

Homeowners association means a non-profit corporation or association operating under a recorded land agreement through which:

(1)

Each person owning or purchasing a lot in a planned unit or other described land area is automatically by such ownership or purchase a member; and

(2)

Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common area and improvements.

Hospital means any licensed sanitarium, clinic, and any other place duly licensed and established for the diagnosis, treatment and care of human ailments.

Hospital , animal or veterinary means an establishment in which veterinary services are rendered to dogs, cats and other animals and domestic pets. Animal hospital or veterinary hospital is the same as an animal or veterinary clinic.

Hotel means a structure or any part of a building which contains living and sleeping accommodations for transient occupancy and has a common entrance or entrances.

Impact fee means the fee levied as a condition of issuance of a building permit or development approval to support necessary public improvements affected by the development such as the transportation system, park acquisition and development, and schools.

Impervious surface means a hard surface area which either prevents or retards the entry of water into the soil. Examples include, but are not limited to, structures, walkways, patios, driveways, carports, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, haul roads and soil surface areas compacted by construction operations, and oiled or macadam surfaces.

Improvement means any permanent structure including building, paving, or infrastructure that becomes part of, placed upon, or is affixed to property.

Infill development means development that occurs on underutilized or challenged parcels.

Kennel means any lot or premises on which a total of five or more dogs and cats over four months of age are kept for commercial or noncommercial purposes.

Land-disturbing activity means regarding erosion control regulations, any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) or existing soil topography. Land-disturbing activities include, but are not limited to, demolition, reconstruction, construction, clearing, grading, filling, and excavation.

Landscaping means trees and shrubbery or lawn with other decorative material intended to beautify the area.

Lattice tower is a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.

Legal owner means the owner of record, as shown by the records of Spokane County.

Lot means a legally defined piece of land other than a tract.

(1)

Corner lot . A lot that has frontage on more than one intersecting street. A street that curves with an angle of 120 degrees or less, measured from the center line of the street, is considered two intersecting streets for the purpose of evaluating whether a lot is a corner lot.

(2)

Through lot . A lot that has frontage on two parallel or approximately parallel streets.

Lot area means the total horizontal area included within the lot lines of a zoning lot.

Lot coverage means the area of a lot that is covered by roofed structures. Eaves are not included in building coverage.

Lot depth means the average distance measured from the front lot line to the rear lot line. In the case of a corner lot, the depth shall be the length of its longest side lot line. See CMC Chapter 21.10 (Measurements) to see how lot depth calculated.

Lot, flag means a lot generally in the shape of a flag where access is typically by a narrow, private right-of-way or driveway.

Lot, interior means a lot or parcels of land other than a corner lot.

Lot, legal means a parcel of land used or which is capable of being used under the regulations of this title, lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of its creation.

Lot lines means the property lines along the edge of a lot.

(1)

Corner side lot line . A lot line that abuts a street that is not a front lot line.

(2)

Front lot line . A lot line that abuts a street. On a corner lot, the front lot line abuts the street on which the building is addressed. A through lot has two front lot lines.

(3)

Rear lot line . A lot line that is opposite the front lot line. A triangular lot has two side lot lines and no rear lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line.

(4)

Side lot line . A lot line that is neither a front nor a rear lot line.

Lot of record means a lot shown on the records of the county auditor at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located.

Lot width means the horizontal distance between the side lot lines measured within the lot boundaries or the average horizontal distance measured halfway between the front and rear setback lines. See CMC 21.10 (Measurements) to see how lot width is calculated.

Macro facility means an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate as viewed from any one point.

Manufactured home means a single-family dwelling built in accordance with the Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards Act, effective June 15, 1976.

Master plan means a comprehensive, long-range site plan for a development project. The project may be located on a single parcel or on several contiguous parcels which are owned by one or more parties working cooperatively and collectively, and is usually implemented in phases.

Master planned resort means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities (WAC 365-196-200(13).

Membership lodging means a building or portion thereof, having a communal kitchen and occupied by six or more persons, not related by blood or marriage, living together as a single nonprofit housekeeping unit. Term shall include: fraternities, sororities, dormitories and similar group living quarters, but shall exclude hotels, motels and bed and breakfast accommodations.

Micro facility means an attached wireless communication facility which consists of antennas equal to or less than four feet in height (except omnidirectional antennas which may be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one foot diameter parabola or two-foot by one and one-half-foot panel) as viewed from any one point. The permitted antenna height includes the wireless communication facility support structure.

Mini facility means an attached wireless communication facility which consists of antennas equal to or less than ten feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 50 square feet in the aggregate as viewed from any one point.

Mixed-use development means the development of a tract of land, building or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form.

Mixed-use structure means a single structure containing at least two complementary, integrated, or mutually-supporting uses (such as housing, offices, manufacturing, retail, public service, or entertainment). The structure must achieve physical and functional integration within itself.

Mobile home means a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state.

Mobile home park means a plot of ground under the management of one or more persons which is utilized as the location for two or more mobile homes for dwelling or sleeping purposes.

Modular home means a factory-built structure, constructed in one or more sections and transported to a residential lot, designed primarily for residential occupancy by human beings, which does not contain a permanent frame and must be mounted on a permanent foundation, and which conforms to the Cheney Building Code.

Monopole I means a wireless communication facility which consists of a support structure, the height of which shall not exceed 60 feet.

Monopole II means a wireless communication facility which consists of a wireless communications support structure, greater than 60 feet in height erected to support wireless communication antennas and connecting appurtenances.

Motel means a group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use of automobile tourists or transients, and includes auto courts, motor lodges, motor inns and similar terms.

Multi-dwelling structure means a structure that contains three or more dwelling units. The land underneath the structure is not divided into separate lots. Multi-dwelling includes structures are commonly called apartments and condominiums.

National Register of Historic Places means the national listing of properties significant to the nation's cultural history because of their documented importance to history, architectural history, engineering or cultural heritage.

Nonconforming, legal means a use of land, building, structure or use which lawfully existed at the time of the adoption of this title or of any amendment thereto, but which does not conform to the use or development regulations imposed by this title or such amendment.

Nude/semi-nude model studio means any place where a person, who appears nude or semi-nude, or displays specified anatomical areas, is provided for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or simply depicted by other persons.

Nude or state of nudity means the appearance or less than complete and opaque covering of the human anus, male genitals, female genitals, or the areola or nipple of the female breast.

Nursing home means a facility as defined in RCW 18.51.010.

Obscenity means the definition of "lewd" material provided by RCW 7.48.050, including any matter:

(1)

Which the average person applying contemporary community standards would find when considering as a whole, appeals to the prurient interests in sex; or

(2)

Which explicitly depicts or describes patently offensive representation or descriptions of:

a.

Ultimate sexual facts, normal or perverted, actual or simulated; or

b.

Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibitions of the genital or genital areas; or

c.

Violent or destructional sexual acts, including, but not limited to, human or animal mutilation, dismemberment, rape and/or torture; or

d.

Has a dominant theme which appeals to the prurient interests of minors and sex; which is patently offensive because it affronts contemporary community standards relating the description or representation of sexual matters or sadomasochistic abuse; and

(3)

Which when considered as a whole lacks serious, literary, artistic, political, or scientific value.

Off-site impact means a condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe or unhealthy conditions on a site proposed for development or on off-site property or facilities. This includes, but is not limited to, noise, glare, and odor.

Off-site improvement means improvements required to be made off-site to address impacts identified from an application for development and including, but not limited to, road widening and upgrading, storm water facilities, and traffic system improvements.

100-Year flood elevation means the elevation that the 100-year flood is expected to reach. Also referred to as the "base flood elevation."

Off-street parking space means any space not on a highway or street right-of-way where one passenger vehicle or three-fourths-ton truck may park with reasonable access to public right-of-way.

Omnidirectional antenna means an antenna (also known as a "whip" antenna) that transmits and receives radio frequency signals in a 360 degree radial pattern. For the purpose of this document, an omnidirectional antenna is up to 15 feet in height and up to four inches in diameter.

Open record predecision hearing means an open record hearing as defined by 197-11-775 WAC, which is held before the planning commission or hearings examiner prior to the closed record approval hearing before the city council.

Overlay zone means a designated zone within the city where a set of zoning requirements that are described in the ordinance text, are mapped, and subsequently imposed in addition to those of the underlying zone or district. Development within the overlay zone must conform to the regulations of both zones. They are usually employed to deal with special physical characteristics such as flood plains, historic preservation, steep slopes, shorelines or other environmentally sensitive areas, but have other applications as well.

Parabolic antenna means a bowl-shaped device (also known as a dish antenna) for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.

Parking lot, commercial means an area devoted to parking for motor vehicles with spaces rented or leased on a fee per time basis.

Party of record means a person or group who makes an appearance in a proceeding through the submission of either written or verbal evidence. Groups shall designate one person as a representative or contact.

Permitted use means those uses allowed as a matter of right within certain zoning districts provided that such use is in accordance with requirements of the particular district and general conditions stated elsewhere in this title.

Prefabricated home means a factory-built home constructed in one or more sections and transported to a residential lot, which does not contain a permanent frame and is designed to be mounted on permanent foundation, and conforms to the Cheney Building Codes.

Primary means the largest or most substantial use or element on the property, as in "primary" activity, residence, entrance, etc. All other similar elements are secondary in size or importance. Same as primary structure.

Prohibited use means a use that is not permitted in a base zoning, overlay or plan district. Any use that is not specifically enumerated in this title as a permitted or conditional use or has not been determined by the planning official to be a legal non-conforming use.

Project area means the portion of a site where development activity will take place. This can also include direct, in-direct and off-site impacts as well.

Related equipment means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

Residential care home means any state or federally approved dwelling used as a residence for the care or rehabilitation of dependent children, the elderly, and the physically and/or mentally handicapped. Residential care homes shall provide care for six or fewer residents (RCW Chapter 70.128).

Residential care center means any state or federally approved facility, other than a clinic, used as a residence for the care or rehabilitation of dependent children, the elderly, and the physically and/or mentally handicapped. Residential care centers shall provide care to seven or more residents (RCW Chapter 18.20).

Right-of-way, public means the property held by the city or other governmental jurisdiction for existing and/or future public access including land occupied or intended to be occupied by a street, crosswalk, pedestrian and bike paths, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, street trees or other special use. The usage of the term right-of-way for land division purposes shall mean that every right-of-way hereafter established and shown on a plat or map is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

Screening means any natural growth, wall, fence or combination thereof, not less than six feet high except as otherwise specified in this title nor higher than is reasonable and proper to obscure objects beyond said screening and make them indistinct to the sight or not visible. An object, lot, or portion thereof shall be considered screened when screening is provided and maintained between said object, lot, or portion thereof except reasonable entrance ways, and all adjoining properties and streets and except as otherwise specified in this title.

Secondary use, building and/or structure means a use which is customarily related to the essential or permitted use, building and/or structure and which may support the function of the essential use, but is not requisite to its existence and efficient operation, and may or may not have direct relationship to the essential or permitted uses.

Secure community transition facility is for persons civilly committed and conditionally released to a less restrictive alternative. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services.

Semi-nude means a state of dress in which clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

Setback means the minimum distance required between a structure and a property line. See CMC Chapter 21.10 (Measurements) to see how setbacks are calculated.

Shipping container means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by vehicle.

Sign means any structure, or part thereof, or any device attached, painted, or represented on a structure, which displays or includes any letter, work, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction, or advertisement. "Sign" includes any billboard, but does not include flags, pennants, insignias of nations, states or political units, or political, educational, charitable, philanthropic, civic, professional, or religious organization, or campaigns of a similar nature, movement, drive, or event. "Sign" does not include a similar structure or device located within a building.

Sign , " off-premises " advertising means a sign which directs attention to a business, commodity, service, or entertainment, or other services, materials or subject matter conducted, sold, or offered elsewhere than upon the same zoning lot with the sign.

Sign, animated means animated sign means any sign using movement or change of lighting to depict action or create a special effect or scene.

Sign, building marker means any sign indicating the name of a building, date of construction, and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

Sign, business means a non-illuminated sign which directs attention to a business or profession conducted or related to products sold upon the same zoning lot on which, or in which, the sign is located. A "For Sale" sign, or "Sold" sign, or sign "To Let," "To Lease," or "To Rent," shall be deemed to be business signs.

Sign, canopy means any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area; not a marquee.

Sign, changeable means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. A sign on which the message changes more than eight times per day is considered an animated sign rather than a changeable copy sign.

Sign, commercial message means, on a sign, any wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

Sign, electronic message center ( EMC ) means an electrically activated sign whose message content, either in whole or in part, may be changed by means of electronic programming.

Sign face means the portion of the sign on which the graphics, letters, figures, symbols, trademark or text is placed.

Sign, fascia means a flat sign which projects less than one foot from the face or wall of the building, including parapet, upon which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building.

Sign, freestanding means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Sign, ground means a freestanding sign mounted low to the ground with less than six inches clearance between the bottom of the sign and the ground surface.

Sign, illuminated means either a business sign or an advertising sign designed to give forth an artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection. A flashing sign is an illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

Sign, incidental means a sign, generally informational, that has a purpose secondary to the use of the property upon which it is located, such as "no parking," "entrance," "loading only"; and contains no commercial message.

Sign, marquee means any sign attached to or made part of a marquee.

Sign, off-premise/billboard means a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing somewhere other than on the lot upon which the sign is located; sign space may be leased or rented by the owner to others for the purpose of conveying a commercial or noncommercial message.

Sign, pole means a freestanding sign mounted on one or more poles in such a way as to extend well into the air to increase visibility from a distance.

Sign, portable means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported by means of wheels or other devices.

Sign, projecting means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of the wall.

Sign, roof means a sign erected and constructed wholly on or over the roof of a building, supported by the roof structure and extending vertically above any portion of the roof.

Sign means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or to identify the purpose of a person, entity, or to communicate information of any kind to the public.

Sign, suspended means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Sign, temporary means any sign that is used only for short durations, generally not exceeding 15 days, and is not permanently mounted.

Sign, wall means any sign attached flat (not extending more than six inches) to a wall, painted on a wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one side surface.

Sign, window means a wall sign that is placed inside a window, or upon window panes or glass and is visible from the exterior of the window.

Single-family residence means a single dwelling unit located in a single building, commonly known as a house.

Sleeping unit means a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitary facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

Slope means the deviation of a surface from horizontal, usually expressed in percent or degrees.

Special district means any district beyond the conventional residential, commercial, industrial and agricultural districts. Examples include open-space districts, hotel/motel districts, planned development districts, transit impact districts, historic preservation districts, etc. A special district is applied to the land by way of an overlay zone.

Special Valuation Tax Incentive Program means the local option program that makes available to property owners a special tax valuation for rehabilitation of historic register properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation.

Specified anatomical areas includes any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic regions, anus, or areola of the female breasts or any artificial depiction of the same; or

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activity includes any of the following:

(1)

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or

(3)

Masturbation, actual or simulated; or

(4)

Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or

(5)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (4) of this section.

Swimming pool means an artificially created pool or tank of water used for swimming or wading.

Storage, open means storage of property outside of a fully enclosed building.

Stream means water contained within a channel, either perennial or intermittent, and classified according to WAC 222-16-030 or WAC 222-16-031. Streams also include natural watercourses modified by humans. Streams do not include drainage ditches which are not modifications of natural watercourses.

Street means a right-of-way that is intended for motor vehicle, pedestrian, and bicycle travel. A street does not include alleys or railroad rights-of-way.

Street frontage means the linear frontage of a parcel of property abutting a single public street.

Structure means any object constructed in or on the ground. Structure includes buildings, decks, fences, towers, flag poles, signs, and other similar objects. Structure does not include paved areas and vegetative landscape materials.

Structured parking means a covered structure designed to provide shelter for vehicles, and which is accessory to nonresidential uses.

Studio/efficiency units means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial remodel means an alteration to an existing building that has a value of more than 50 percent of the existing market value of the structures on site per the Spokane County Assessor.

Temporary means a period not to exceed one year except as otherwise provided in this title.

Townhouse means an attached single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides.

Tract means a piece of land set aside in a separate area for dedication to the public, a homeowner's association, or other entity, (e.g., open space, recreational facilities, and tree preservation) wetland or other sensitive lands.

Transmission tower means a freestanding structure, other than a building, on which communication devices are mounted. Transmission towers may serve either as a major or minor communication facility. Examples include, but are not limited to: monopoles; lattice towers; and guyed towers.

Urban growth areas means those areas designated by a county pursuant to RCW 36.70A.110.

Urban growth boundary means the boundary of an urban growth area designated in the Spokane County Comprehensive Land Use Plan.

Use means an activity or purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

Variance means a modification of the specific standards of this title granted in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.

Vehicle stall (standard ) means an off-street parking space that measures nine feet wide by 20 feet long.

Vehicle stall (compact ) means an off-street parking space that measures no less than eight feet wide by 17 feet long.

Vesting means a legal right of applicants to have their development application reviewed under the regulations in effect as of a certain date when the application has met certain timing and completeness requirements. For example, an application determined by the planning official to be fully complete is vested under the regulations in effect at the time of such determination, regardless of subsequent changes to development regulations.

Wireless communication facility means an unmanned facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omnidirectional, panel/directional or parabolic) and related equipment.

Wireless communication support structure means a structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers.

Yard, salvage means a use of land with or without structures, for the storage or keeping of junk, scrap metal or materials, for dismantling or demolishing vehicles, machinery, or parts thereof.

Zoning district means a geographic area which corresponds to a comprehensive plan designation and which specifies allowed and conditionally allowed uses and applicable standards for development within the district. Also referred to as "Zone or District."

Zoning ordinance , for purposes of convenience, this ordinance may also be referred to as the zoning code.

(Ord. No. X-31, § 2, 7-10-2018; Ord. No. W-22, § 19, 4-22-2014)

Editor's note

Ord. No. W-22, § 19, adopted April 22, 2014, amended § 21.08.010 and changed the title of said section from "Generally" to "Definitions" as set out herein.