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“Accessory dwelling unit” or “ADU” means a subordinate residential unit within a single-family home or as a separate building on the property of a single-family home, where the primary residential building is more than twice the square footage of the accessory unit.

“Accessory dwelling unit – attached” or “A-ADU” means a room or set of rooms designed and established to be a separate dwelling unit incidental to the primary residential use of a single-family home.

“Accessory dwelling unit – detached” or “D-ADU” means a second dwelling unit created on a lot with a house as a primary residence. The second unit is created auxiliary to and is fifty percent the size or smaller than the primary residential dwelling.

“Accessory use or building” means a subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building.

“Adjacent” means adjoining with a common boundary line; except that where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures more than eight in a single direction. Properties separated by a public right-of-way of twenty feet or more are not considered adjacent.

“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board, under a license issued pursuant to RCW 70.128.060, to more than one but not more than four adults who are not related by blood or marriage to the person providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for in the law (RCW 70.128.060).

“Affordable housing” means adequate, safe, appropriate shelter, costing no more than thirty percent (including utilities) of the household’s gross monthly income.

“Bed and breakfast guesthouse” means an owner-occupied single-family residential dwelling which provides transient rental lodging, and at least one meal is provided, to a limit of four guest rooms or less.

“Building” means any structure or edifice having a roof and intended for occupancy or use of persons or animals or as a housing place or as a storage place for any object or thing. When separated by a division wall without opening, each portion of such building shall be deemed a separate building (except as may be provided in a possible section of this title on exceptions).

“Business” or “commerce,” when used in this title, mean engaging in the purchase, sale, barter, rendering or exchange of goods, wares, services, or merchandise; also, the maintenance or operation of offices or recreational or amusement enterprises.

“Conditional use” means a use that would not be acceptable without restrictions throughout a zoning district and is not permitted by right within a zoning district, but which may be permitted subject to meeting certain conditions contained in this title or as may be determined during the review process.

“Corner lot” means a lot of which at least two adjacent sides abut for their full length upon a street. “Lot line” means the line bounding a lot as defined in the deed or official plat.

“Cost burdened” means when thirty percent or more of a household’s monthly gross income is dedicated to housing, using the affordable housing definition in this section.

“Daycare center” means a facility providing regularly scheduled care for a group of children, one month of age through twelve years of age, for periods less than twenty-four hours at a time. Preschools are considered day care centers for city land use regulation purposes.

“Daycare, family” means a child daycare who regularly provides daycare for not more than twelve children in the provider’s home in the family living quarters (WAC 365-196-865).

“Dripline” means an imaginary circle drawn at the ground surface directly under the outermost branches of a tree, or the dripline of a building roof.

“Duplex” means a single structure containing two dwelling units, either side by side or above one another where the separate units are similar in size (unlike an ADU).

“Dwelling unit” means a single unit providing complete, independent living facilities for not more than one family and permitted roomers and boarders, including permanent provisions for living, sleeping, eating, cooking and sanitation. A manufactured home, apartment, condominium, townhouse, single-family detached house, or accessory dwelling unit is considered to be a dwelling unit.

“Multiple-unit dwelling” means a residential building arranged or designed to be occupied by three or more families, with the number of families in residence not exceeding the number of units provided.

“Single-family dwelling” means a building arranged or designed to be occupied by not more than one family.

“Family” means a collective body of persons who live in one dwelling. The term “family” shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune.

“Food cart” means a nonmotorized cart that is usually constructed on a wheel and axle base able to move from location to location and meets all health department requirements for sanitation. It is operated by a vendor who sells food items such as pretzels, hotdogs, ice cream, etc.

“Food truck” or “mobile food unit” means a licensed vehicle from which food and beverages are prepared and sold for human consumption at fixed or temporary sites, as approved and permitted by the city. Workers work inside the food truck and customers stay outside. A food truck is no more than eight-and-one-half feet wide and has at least one of the following: an electrical system, a water or drain system, or a propane gas system. A food truck is self-contained for water, sewer, or other fluids.

“Front property line” means the property line that is adjacent to a public or private street more than twenty-one feet in width, except that the Interstate 90 right-of-way shall not be considered a front property line. Where there is more than one adjacent public or private street more than twenty-one feet in width, the property lines adjacent to both streets shall be considered front property lines.

“Front yard” means an open unoccupied space in the same lot with a building, between the front line of the building (exclusive of steps) and the front property line, including the full width of the lot to its side property line.

“Grade plane” means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (one thousand eight hundred twenty-nine millimeters) from the building between the structure and a point six feet (one thousand eight hundred twenty-nine millimeters) from the building.

“Group home” means a dwelling unit licensed by the state of Washington in which rooms or lodging, with or without meals, are provided for nine or fewer nontransient persons not constituting a single household, and requiring specialized care due to sensory, mental or physical disabilities; provided, that this shall not apply to a residence used for the placement of individuals who have been convicted of a crime or juvenile offense or have gone through some form of diversion proceedings either as an adult or juvenile offender.

“Height of building” means the vertical distance from the adjoining grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or the highest point of a pitched or hipped roof. The adjoining grade shall be measured at a point five feet horizontally from the building wall when such ground surface is not more than ten feet above the lowest grade on the property. If the lowest grade is more than ten feet below the adjoining grade, height shall be measured from a point ten feet above the lowest grade.

“Home occupation” means a business activity which results in a product or service and is conducted in whole or in part on residential premises and is clearly subordinate to use of the premises as a residence.

“Hotel” or “motel” means a building designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention.

“Kennel” means an establishment licensed to operate a facility housing more than three dogs or cats and more than one litter of unweaned pups or kittens, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business or hobby.

“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area and fronting on an improved public street or an approved private street.

“Manufactured home” means a single-family residential structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or forty body feet or more in length, or, where erected on site, is three hundred twenty square feet or more, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation where connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture, is required. For the purpose of these provisions, a “mobile home” shall be considered to be a manufactured home.

“Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

“Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana.

“Marijuana processor” means a person licensed by the state Liquor and Cannabis Board to process marijuana into marijuana concentrates, usable marijuana and marijuana-infused products, package and label marijuana concentrates, usable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, usable marijuana, and marijuana-infused products at wholesale to marijuana retailers.

“Marijuana producer” means a person licensed by the state Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

“Marijuana retailer” or “retail outlet” means a person licensed by the state Liquor and Cannabis Board to sell usable marijuana and marijuana-infused products in a retail outlet.

“Marijuana uses” means the collective of marijuana producer, retailer, and processor.

“Mobile home” means a transportable residential structure fabricated at a factory not in accordance with the Uniform Building Code nor with the standards of the Federal Manufactured Home Construction and Safety Standards (HUD Code enacted on June 15, 1976) and designed for transportation on its own chassis.

“Nonconforming lot of record” means any validly recorded lot which at the time it was recorded fully complied with the applicable laws and ordinances, but which does not fully comply with the lot requirements of this title.

“Nonconforming use” means a building or land occupied by a use that does not conform with the regulations of the district in which it is situated but which was established in conformance with all applicable regulations in existence at the time of its establishment.

“Open air market” means an outdoor market that is seasonal in nature where local artisans or farmers sell products such as baked goods, artwork, crafts and produce.

“Park model recreational vehicle (PMRV)” means a tiny home or similar dwelling structure with wheels and a chassis. A PMRV with its wheels taken off and mounted on a foundation will still be viewed as a temporary or recreational use and not a permanent dwelling. PMRVs are only permitted for temporary use in Washington State, unless in a mobile home park (RCW 35.21.684 and 36.01.225). PMRVs must adhere to applicable snow load requirements for Cle Elum, or as approved by the city building official.

“Playground” means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government.

“Private garage or private carport” means a garage or carport with the capacity for not more than three self-propelled vehicles and used for storage only.

“Public park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. A public park does not include trails.

“Rear yard” means an open unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps, porches, and accessory buildings) and the rear line of the lot, including the full width of the lot to its side lines.

“Recreational vehicle” or “RV” means a vehicle or portable structure built on a chassis and designed to be used for temporary occupancy or travel occupancy or for travel, recreational or vacation use. RVs include, but are not limited to, fifth wheels, truck campers, motor homes, travel trailer, camping trailers, tent trailers and PMRVs. An RV shall be of such size and weight as not to require a special highway movement permit and certified as approved as such by the Department of Labor and Industries by the attachment of their official “Green” seal.

“Recreational vehicle park” or “RV park” means a tract or parcel of land upon which two or more recreational vehicle sites are located, principally used for occupancy by predominantly RVs as temporary living quarters for recreation or vacation purposes with a maximum allowable stay per vehicle of one hundred eighty days; or as conditioned within the conditional use permit, annexation agreement, and/or development agreement as appropriate.

“Recreational vehicle site” or “RV site” means a plot of ground within an RV park intended for temporary location of an RV as a dwelling unit for recreation or vacation purposes with sewage facilities approved by the appropriate jurisdiction.

“Redevelopment” means the act or process of changing an area of a town by replacing old buildings, roads, etc., with new ones; or renovating or improving buildings or areas.

“Retirement residence” means a building or group of buildings which provides residential facilities for more than five residents sixty-two years of age or more, except for spouses of such residents for whom there is no minimum age requirement. A retirement residence may provide a range of type of living units and may also provide food service, general health care supervision, medication services, housekeeping services, personal services, recreation facilities, and transportation services for its residents. Individual living units (suites) may include kitchens. Retirement residences may also include a skilled nursing facility; provided, that the number of nursing beds shall not exceed twenty-five percent of the total number of suites. Facilities with more than twenty-five percent of the suites having nursing beds shall be considered a convalescent/nursing center. Suites within a retirement residence shall contain an average of two beds or less.

“Sanitary station” or “sanitary dumping station” means a facility used for removing and disposing of wastes from RV sewage holding tanks.

“Setback” means the minimum horizontal distance between a structure and a specified line such as a lot, easement, or buffer line that is required to remain free of structures.

“Short-term rentals” or “vacation rentals” means the rental of any existing residential building such as a single-family home, apartment, or condominium that is rented for less than thirty days at a time.

“Side yard” means an open unoccupied space on the same lot with a building between the side wall of the building and the side lot line of the same lot, extending from front yard to rear yard.

“Stacking space” means the space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-in window, facility or entrance used by patrons and in lanes leading up to the service window.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade for more than fifty percent of the total perimeter or is more than twelve feet above grade at any point, such basement, cellar, or unused underfloor space shall be considered as a story.

“Street” means a public or private thoroughfare which affords principal means of access to abutting property.

“Street frontage” means that portion of a city block that faces a public street.

“Structure” means anything permanently constructed in or on the ground, or over the water, excluding fences less than six feet in height, decks less than eighteen inches above grade, paved areas, and structural or nonstructural fill.

“Tree” means a plant listed as a tree in the most recent edition of Sunset Western Garden Book and Hortus Third.

“Use” means an activity or function carried out on an area of land, or in a building or structure located thereon. Any use subordinate or incidental to the primary use on a site is considered an accessory use.

“Variance” means a modification to numerical standards of this title when authorized by the planning commission after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property.

“Visual screen” means landscape plantings which function as a full visual barrier within three years of time of planting.

(Ord. 1621 § 2 (Exh. A), 2022)