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Editor's Note: Legislation previously included in Ch. 17.08: Ords. 68-17, 73-3, 75-9, 76-3, 77-1Z, 77-12, 79-Z-3 and 82-Z-2.
Certain terms and words used in this title are defined in the following sections. Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number; the word "building" includes the word "structure," and the word "shall" is mandatory and not directory.
(Res. 83-10, 1983)
"Accessory dwelling unit"
means a self-contained, secondary residential unit that is located on the same lot as the primary dwelling and provides independent living facilities for one household.
(Ord. O-2006-01, 2006; Ord. 2010-014, 2010; Ord. 2013-001, 2013; Ord. 2013-008, 2013; Ord. 2022-017, 2022; Ord. 2023-010, 2023)
"Adult family home"
means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Agriculture sales"
includes, but is not limited to, private or public sales (including auctions) of agricultural products such as fruit/produce, eggs, milk cheese, and livestock that expand beyond the restrictions for “agricultural direct marketing activities.
(Ord. 2013-001, 2013; Ord. 2021-015, 2021)
"Agricultural sales-enhanced"
means the selling of agricultural products grown or raised locally that have been enhanced to improve market value. Enhanced agricultural sales activities include, but are not limited to: sales of prepared food or beverages, crafts, floral arrangements; and tasting rooms. Marijuana product sales are excluded. Enhanced agricultural sales operations may also include the retail sale of fresh or unprocessed agricultural products.
(Ord. 2014-015, 2014)
"Agricultural enhanced uses (AEU)"
refers to a use that is accessory to a working farm, approved winery, distillery, cider house or brewery or any agricultural, horticultural, or agribusiness operation that is open to the public for the purpose of enjoyment, education, or active involvement in the activities of the agricultural operation. These activities must be related to agriculture, and incidental to the primary operation on the site. The retail sales of agricultural related products is considered accessory and subordinate to the agricultural operation when the products sold are grown or produced on site.
(Ord. 2016-023, 2016; Ord. 2021-015, 2021)
Those accessory activities associated with the retail sale of agricultural products produced on and off the premises. This includes the sale of nonagricultural products (e.g., crafts, antiques, kitchen goods, etc.), educational classes and tours, commercial farm rides on premises, and temporary food services.
(Ord. 2021-015, 2021)
Those temporary and accessory activities associated with the sale of annual harvest crops. These accessory activities may include live music, temporary food service establishments, vendors other than the owners or operators of the farm, commercial farm rides on the premises and recreational activities (e.g., corn mazes, craft booths, etc.).
(Ord. 2021-015, 2021)
Expanded seasonal harvest festivities allow a farming activity to expand beyond the restrictions for seasonal harvest festivities. The purpose and intent of the conditional use for expanded seasonal harvest festivities is to allow direct marketing of crops to the public. It is not to provide alternative ways to create permanent or semi-permanent sales businesses that would otherwise require a zone reclassification to a commercial zone.
(Ord. 2021-015, 2021)
"Agritourism activity"
means any activity carried out on a farm or ranch whose primary business activity is agriculture or ranching and that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including, but not limited to: Farming; ranching, historic cultural and on-site educational programs, recreational farming programs that may include on-site hospitality services, guided and self-guided tours, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, barn parties, horseback riding, fishing, and camping.
"Agritourism professional"
means any person in the business of providing one or more agritourism activities, whether or not for compensation.
"Inherent risks of agritourism activity"
means those dangers or conditions that are an integral part of an agritourism activity including certain hazards, such as surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional, or failing to exercise reasonable caution while engaging in the agritourism activity, unless the participant acting in a negligent manner is a minor or is under the influence of alcohol or drugs.
"Participant"
means any person, other than the agritourism professional, who engages in an agritourism activity.
"Person"
means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.
(Ord. 2025-001, 1/7/2025)
"Alteration"
means a change in construction or a change of occupancy. Where the term alteration is applied to a change in construction, it is intended to apply to any change, addition or modification in construction. Where the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one (1) trade or use to another or from one (1) division of a trade or use to another.
(Res. 83-10, 1983; Ord. 2013-001, 2013)
"Amendment"
means a change in the wording, context, boundaries or maps which are a part of this title by the county commissioners in the manner prescribed by law.
(Res. 83-10, 1983)
"Animal boarding"
means a facility where animals are housed, fed, and cared for, excluding a veterinary clinic, for a period greater than twenty-four (24) hours for commercial purposes. Such uses shall include, but are not limited to, kennels and boarding stables.
(Ord. 2007-22, 2007; Ord. 2009-25, 2009; Ord. 2013-001, 2013; Ord. 2019-013, 2019)
"Auto wrecking yard"
means any place in the business of buying, selling or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling or substantially changing the form of any motor vehicle, or which buys or sells integral secondhand parts of component material thereof.
(Res. 83-10, 1983)
"Battery charging station"
means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(Res. 83-10, 1983; Ord. 2011-013, 2011)
"Battery exchange station"
means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.
(Res. 83-10, 1983; Ord. 2011-013, 2011; Ord. 2013-001, 2013)
"Bed and breakfast"
means any establishment located in a structure designed for a single family residence that has more than two (2) rooms for rent on a daily basis and offers a meal as part of the cost of a room, regardless of whether the owner or operator of the establishment resides in any of the structures. Excludes rehabilitation centers, group homes, clinics, nursing homes, church camps, and other similar uses.
(Ord. 93-21 (part), 1993; Ord. 2013-001, 2013)
"Building"
means a structure having roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.
(Res. 83-10, 1983)
"Building height"
means the vertical distance from grade plane to the average height of the highest roof surface. Grade plain is the reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the 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 (6) feet (1829 mm) from the building, between the building and a point six (6) feet (1829 mm) from the building.
(Ord. 2010-014, 2010; Ord. 2013-001, 2013)
"Campground"
means any parcel or tract of land under the control of any person, organization, or governmental entity wherein two (2) or more recreational vehicle, recreational park trailer or other camping unit sites are offered for the use of the public or members of an organization. Typically the length of stay for a majority of the guests will range from one (1) to fourteen (14) days. The purpose of a campground use shall relate primarily to vacation, recreation and similar pursuits, and is not a place of permanent residence for the campers. A single-family residence may be allowed for the owner or caretaker. Very limited service commercial activities may be allowed which are intended for campers of the campground and must be approved as part of a conditional use permit. Youth Camps may offer additional education and child-care assistance elements as secondary uses to the Campground. These secondary uses shall comply with all applicable Federal, State and local regulations.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013; Ord. 2013-012, 2013; Ord. 2021-015, 2021)
“Campground, primitive”
means dispersed camping outside of a designated campground or a campground without full amenities. Dispersed camping means there are no designated campsites, no toilets, no picnic tables, no trash cans, no treated water, and no fire grates. Dispersed camping is not allowed in the vicinity of developed recreation sites such as campgrounds, boat ramps, picnic areas, or trailheads. A campground without full amenities means that sanican/vault toilets, campfire rings, picnic tables, and graveled/identified campsites are allowed; however no utilities such as water, septic, and power, or pavement are allowed except for paved road aprons or similar.
(Ord. 2015-010, 2015; Ord. 2018-021, 2018)
"Camping unit"
means any portable structure, shelter or vehicle designed and intended for occupancy by persons engaged in RV activities or camping. The basic units are: recreational vehicle, tent, portable camping cabin, teepee, yurt or other portable shelter.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Charging levels"
means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms "1," "2," and "3" are the most common EV charging levels, and include the following specifications:
Level 1 is considered slow charging.
Level 2 is considered medium charging.
Level 3 is considered fast or rapid charging.
(Res. 83-10, 1983; Ord. 2011-013, 2011; Ord. 2013-001, 2013)
"Clinic"
means any building or portion of any building containing offices for providing medical, dental or psychiatric services for outpatients only.
(Res. 83-10, 1983)
"Clubhouses, fraternities and lodges"
means associations of persons organized for social, education, literary or charitable purposes. This definition includes community meeting halls, clubhouses and lodges for philanthropic institutions, private clubs, fraternal or nonprofit organizations, and social service organizations. This definition excludes religious institutions.
(Ord. 2013-001, 2013)
"Commercial activities associated with agriculture"
means any commercial endeavor including the custom fabrication and construction of products or materials, as well as services which are in support of, or supplemental to agricultural activities. Such use in areas designated as agricultural land of long term commercial significance shall comply with RCW 36.70A.177(3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture.
(Ord. 2009-25, 2009; Ord. 2018-001, 2018)
"Common area"
means land commonly owned to include open space, landscaping or recreation facilities (e.g., typically owned by a homeowners' association or by the State through conservation easements).
(Ord. 2013-001, 2013)
"Conservation easement"
means a legal agreement between a landlord and a land trust or government agency that permanently limits uses of the land in order to protect its nondevelopment values. It allows the landowner to continue to own and use the land, to sell it, or to pass it on to heirs. A conservation easement is placed on a sending site at the time development rights are sold from the property. The conservation easement typically prohibits any further development of the property but allows resource uses, such as farming and forestry, to continue.
(Ord. 2009-25, 2009)
"Density(ies)"
means a measurement of the number of dwelling units in relationship to a specified amount of land. As used in this Code, density is determined based on the gross parcel or lot area, which includes land that will be dedicated as right-of-way through the development process. It does not include land previously dedicated as right-of-way. Density is a measurement used generally for residential uses.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Develop"
means to construct or alter a structure or to make a physical change to the land including excavations and fills.
(Ord. 2013-001, 2013)
"Development"
means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display or storage activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land. See also Exterior Improvements.
(Ord. 2013-001, 2013; Ord. 2013-008, 2013)
"Electric vehicle"
means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle.
(Res. 83-10, 1983; Ord. 2011-013, 2011)
"Electric vehicle charging station"
means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.
(Res. 83-10, 1983; Ord. 2011-013, 2011)
Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. In addition the term “explosives” shall include all material which is classified as division 1.1. 1.2, 1.3, 1.4, 1.5, or 1.6 explosives by the United States department of transportation. For the purposes of this chapter, small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder not exceeding five pounds shall not be defined as explosives, unless possessed or used for a purpose inconsistent with small arms use or other lawful purpose.
(Ord. 2018-021, 2018)
Any building or other structure, other than an explosives process building, used for the storage of explosives. The term “magazine” may be used in KCC to refer to an explosives magazine.
(Ord. 2018-021, 2018)
Any building or other structure (excepting magazines) containing explosives, in which the manufacturer of explosives, or any processing involving explosives, is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device.
(Ord. 2018-021, 2018)
Any site, with any explosives process building, and/or magazine situated thereon, used in connection with the manufacturing or processing of explosives or in which any process involving explosives is carried on, or the storage of explosives thereat, as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or device.
(Ord. 2018-021, 2018)
"Family"
means a number of related individuals or unrelated individuals living together as a single housekeeping unit, and doing their cooking on the premises exclusively as one (1) household. This definition excludes group homes and short-term rentals. The amount of individuals living together can not exceed applicable health and safety provision.
(Res. 83-10, 1983; Ord. 2013-001, 2013; Ord. 2022-017, 2022)
"Farm"
means an area of land devoted to the production of field or truck crops, livestock or livestock products, which constitute the major use of such property.
(Res. 83-10, 1983)
"Farm labor shelter"
means an accessory dwelling unit used exclusively as temporary or seasonal housing of farm laborers who are doing farm labor on the farm on which the shelters are located. This definition shall include all manufactured housing and travel trailers provided all trailers are served by the full range of utilities including water, sewerage and power.
(Ord. 93-6 (part), 1993; Ord. 2007-22, 2007)
"Farm visit"
means a farm or ranch providing customers a day-use learning experience about the practice of farming or ranching. A Farm Visit operation does not include overnight accommodations. Enhanced agricultural sales are allowed.
(Ord. 2014-015, 2014)
“Farm stands”
means a temporary use which is primarily engaged in the sale of fresh agricultural products, grown on-or off-site, but may include limited prepackaged food products and nonfood items. This use is to be seasonal in duration, open for the duration of the local harvest season. Enhanced agricultural sales are allowed.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013; Ord. 2014-015, 2014; Ord. 2015-010, 2015)
"Feedlot"
means any area used for the continuous feeding of five hundred 500 or more head of cattle destined for slaughter, confined at a density of less than five hundred 500 square feet per head on a year round basis. This shall not be interpreted to include dairy operations with a Washington State Grade A license.
(Res. 83-10, 1983; Ord. 91-4, 1991; Ord. 2013-001, 2013)
"Golf course"
means a recreational facility designed and developed for golf activities. May include as accessory uses a pro shop, snack bar (not including restaurants), and caddy shack/maintenance buildings.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Grade"
means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.
(Ord. 2013-001, 2013)
"Grading"
means all cuts, fills, embankments, stockpile areas, and equipment maneuvering areas associated with development.
(Ord. 2013-001, 2013)
"Grazing"
means providing herbage for cattle, sheep, goats or horses, including the supplementary feeding of such animals, as a discrete activity not part of nor conducted in conjunction with any dairy, livestock feed yard, livestock sales yard, or commercial riding academy.
(Ord. 2013-001, 2013)
"Group care facility"
means living quarters for children or adults meeting applicable Federal and State standards that function as a single housekeeping unit and provide supporting services, including but not limited to counseling, rehabilitation, and medical supervision, not exceeding more than twenty (20) residents including staff. If staffed by nonresident staff, each twenty-four (24) staff hours per day equals one (1) full-time residing staff member for purposes of determining number of staff.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013; Ord. 2018-001, 2018)
"Group home"
means a home for at least seven (7) and not more than fifteen (15) persons, plus house parents, providing residential facilities in a homelike environment directed to allow a degree of community participation and human dignity not provided in an institutional atmosphere.
(Ord. 87-9 § 1, 1987; Ord. 2013-001, 2013)
"Guest house"
means an accessory building designed, constructed, and used for the purpose of providing temporary sleeping accommodations for guests, or for members of the same family as that occupying the main structure, and containing no kitchen facilities.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Guest ranch or guest farm"
means a business or an organization providing overnight lodging, dining and recreational facilities in a rural setting. The purpose of a guest ranch or guest farm shall relate primarily to vacation, recreation and similar pursuits, and does not include rehabilitation centers, group homes, clinics, nursing homes, churches and church camps, and other similar uses. Events such as auctions, barbecues and similar gatherings which do not provide overnight lodging or which are not conducted on a continuous basis shall not be considered as guest ranches or guest farms. Enhanced agricultural sales are allowed.
(Ord. 83-Z-5, 1983; Ord. 93-21 (part), 1993; Ord. 2014-015, 2014)
"Hazardous waste facility"
means all contiguous land, and structures, other appurtenances, and improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of dangerous waste. Unless otherwise specific in this chapter, the terms "facility," "treatment," "storage," "disposal facility" or "waste management facility" shall be used interchangeably.
(Ord. 93-1 (part), 1993)
"Hazardous waste storage"
means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
(Ord. 93-1 (part), 1993)
"Home occupation"
means any lawful profession, craft or service commonly carried on within a dwelling or accessory building provided such activity is secondary to the use of said dwelling for residential purposes, and provided that there is no outdoor display of merchandise. Home occupations include operations that provide care to twelve (12) or fewer individuals in any twenty-four (24) hour period within the caregiver's place of residence. This definition shall not be interpreted to include the sale of firewood, farm produce, or similar activities.
(Res. 83-10, 1983; Ord. 2013-001, 2013)
"Hospital"
means an institution specializing in and providing facilities and services in surgery, obstetrics, and general medical practice for human beings and licensed by state law for that purpose.
(Res. 83-10, 1983)
"Impound/towing yard"
means a fully enclosed area which is designed to hold and store vehicles for a period not more than ninety (90) days which have been impounded by a jurisdiction or private party.
(Res. 83-10, 1983; Ord. 2013-001, 2013; Ord. 2014-015, 2014)
"Infill"
means the development of new housing or other buildings on scattered vacant sites in a built-up area.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Interlocal agreement"
means a legal contract between two (2) or more local jurisdictions (cities and counties) that specifies the condition under which TDR credits may be transferred (typically from an unincorporated county into an incorporated city). Interlocal agreements must be endorsed by the legislative bodies of both jurisdictions.
(Ord. 2009-25, 2009; Ord. 2013-001, 2013)
"Junk"
means of inoperable motor vehicles or equipment, vehicle or equipment parts, used lumber and building materials, pipe, appliances, demolition waste, or any used material. This shall not be interpreted to include the normal storage or accumulation of viable and/or operable agricultural equipment.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Junkyard"
means any lot, parcel, building, structure or portion thereof, used for the storage, collection, processing, purchase, sale, exchange, salvage or disposal of junk, including scrap materials, unlicensed or inoperable vehicles, vehicle parts, used appliances, machinery or parts thereof. This shall not be interpreted to include the normal storage or accumulation of viable and/or operable agricultural equipment.
(Res. 83-10, 1983; Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Lot"
means any area, tract or parcel of land owned by or under the control and in the lawful possession of one distinct ownership. The term means any type of land holding and includes, but is not limited to, lots platted in subdivisions.
(Res. 83-10, 1983)
"Lot, flag"
means a lot with two distinct parts:
The flag, which is the only building site; and is located behind another lot; and
The pole, which connects the flag to the street or road, provides the only street frontage for the lot, and is less than the minimum lot width for the zone in which it is located.
(Ord. 2013-001, 2013)
"Lot line, front"
means a lot line with frontage on any public street, private street, right-of-way or other means of vehicular access, other than an alley.
(Res. 83-10, 1983; Ord. 2019-013, 2019; Ord. 2022-017, 2022)
"Manufactured home"
means a single-family residence constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indication for such compliance. The unit must be transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body width in length, or when erected on site exceeds four hundred (400) square feet and which is built on a permanent chassis. A manufactured home shall be affixed to a foundation system in accordance with Chapter 296-150M WAC as administered by the Washington State Department of Labor and Industries. The manufacturer's requirements shall be followed for placement and if there are no manufacturer instructions, the Kittitas County department of building and fire safety requirements shall be imposed. A manufactured home has a red insignia from the Department of Labor and Industries.
(Ord. 9822 (part), 1998; Ord. 2013-001, 2013)
"Manufacturing"
includes, but is not limited to, assembly, storage, packaging or treatment of products and merchandise such as drugs, food, beverages, cosmetics and toiletries, and products made from materials such as textiles, metals, paper, plastics, stone, wood, and paint.
(Ord. 2013-001, 2013)
"Medium-speed electric vehicle"
means a self-propelled, electrically powered four-(4)-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one (1) mile is more than twenty-five (25) miles per hour but not more than thirty-five (35) miles per hour and otherwise meets or exceeds the Federal regulations set forth in 49 C.F.R. Sec. 571.500.
(Res. 83-10, 1983; Ord. 2011-013, 2011; Ord. 2013-001, 2013)
"Mini warehouse"
means a building or group of buildings containing individual compartmentalized access stalls or lockers for the dead storage of customers' goods or wares.
(Ord. 83-Z-2 (part), 1983; Ord. 2013-001, 2013)
"Mining and excavation"
means extraction of earth materials including but not limited to clay, coal, gravel, minerals, metallic substances, peat, sand, stone, topsoil, and any other similar solid material or substance to be excavated from natural deposits on or in the earth for commercial, industrial, or construction use.
(Ord. 2013-001, 2013)
"Mobile home"
means a structure transportable in one (1) or more sections that are eight (8) feet or more in width and thirty-two (32) feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. Beginning September 1, 1998, mobile homes will no longer be allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries.
(Res. 83-10, 1983; Ord. 98-22 (part), 1998; Ord. 2013-001, 2013)
"Modular home"
means a manufactured structure originally designed for initial movement without benefit of an undercarriage frame or its own wheels to a site of permanent placement on a full perimeter foundation, used for residential purposes, and exceeds eight hundred sixty-four (846) square feet of enclosed living area. A modular home shall be considered a "dwelling" or "single-family residence". A "modular home" constructed to International Building Code standards and bearing the gold insignia from the Washington State Department of Labor and Industries shall be considered to be a single-family residence.
(Ord. 93-21 (part), 1993; Ord. 98-22 (part), 1998; Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Neighborhood electric vehicle"
means a self-propelled, electrically powered four-(4)-wheeled motor vehicle whose speed attainable in one (1) mile is more than twenty (20) miles per hour and not more than twenty-five (25) miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.
(Res. 83-10, 1983; Ord. 2011-013, 2011; Ord. 2013-001, 2013)
An establishment for the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting such as but not limited to beauty bark, round landscape rock, topsoil, and mulch, conducted within or without an enclosed building.
(Ord. 2018-021, 2018)
"Nursing home"
means a home, place or institution which operates or maintains facilities providing convalescence or chronic care or both for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves, and is licensed by the State Department of Health as a nursing home.
(Res. 83-10, 1983; Ord. 2013-001, 2013)
"Office"
means a place at which the affairs of a business, profession, service, or industry are conducted and generally furnished with desks, tables, files and communication equipment.
(Ord. 2013-001, 2013)
"Open space"
means land within a development that has been dedicated in common to the ownership within the development or to the public specifically for the purpose of providing places for recreation, conservation or other open space uses. May include public or private lands.
(Ord. 2013-001, 2013)
1. 
"Outdoor advertising signs and billboards" means any card, paper, cloth, metal, wooden or other display or device of any kind or character, including but not limiting the same to any poster, bill, printing, painting or other advertisement of any kind whatsoever, including statuary, placed for outdoor advertising purposes on or to the ground or any tree, wall, rack, fence, building, structure or thing.
2. 
"Outdoor advertising signs and billboards" does not include:
a. 
Official notices issued by any court or public body or officer;
b. 
Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;
c. 
Directional, warning or information structures required by or authorized by law or by federal, state, county or city authority.
(Res. 83-10, 1983)
"Overlay zone/district"
means overlay zones that impose and/or relax requirements of an underlying land use district, or base zone, where characteristics of the land or neighborhood, or the types of development planned for an area, require special regulations.
(Ord. 2013-001, 2013)
"Ownership"
means an ownership is one (1) or more contiguous lots that are owned by the same person, partnership, association, or corporation. Ownership also includes lots that are in common ownership but are separated by a right-of-way.
(Ord. 2013-001, 2013)
"Park model trailer"
means a trailer designed to provide seasonal or temporary living quarters which may be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. It has a gross trailer area not exceeding four hundred (400) square feet.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Parks and playgrounds"
means sites designed or developed for recreational use including, but not limited to playfields, picnic facilities, outdoor activity areas, trails, play structures, and facilities for on-site maintenance.
(Ord. 2005-35, 2005; Ord. 2013-001, 2013; Ord. 2013-012, 2013)
"Planned unit development"
means a development that departs from strict compliance with the zoning and subdivision standards in order to accomplish objectives that serve the public welfare pursuant to standards in KCC Chapter 17.36.
(Ord. 83-Z-2 (part), 1983; Ord. 90-6 (part), 1990; Ord. 2005-35, 2005; Ord. 2013-001, 2013)
"Plug-in hybrid electric vehicle (PHEV)"
means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity.
(Res. 83-10, 1983; Ord. 2011-013, 2011)
"Public facilities"
means capital improvements and systems to support transportation, law enforcement, fire protection, and recreation. Facilities include but are not limited to fire stations, police stations, and bus stops.
(Ord. 2013-001, 2013)
"Rapid charging station"
means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540
(Ord. 2011-013, 2011)
"Receiving site"
means those lots where the procurement of TDR credits facilitate a permissible change in the allowed intensity on the property pursuant to the TDR chapter and all other controlling policies and law.
(Ord. 2009-25, 2009)
"Recreation, indoor"
means a place designed and equipped for the conduct of sports and leisure-time activities within an enclosed space. Examples include gymnasium, bowling alley, dance hall, billiard hall, theaters, indoor tennis and racquetball courts, and indoor swimming pools. This definition excludes stadiums. Indoor recreation uses for the private use of the landowner are permitted outright.
(Ord. 2013-012, 2013)
"Recreation, outdoor"
means a place designed and equipped for the conduct of sports and leisure-time activities with little or no enclosed space. Examples include: outdoor theaters, tennis courts, swimming pools, batting cages, amusement parks, miniature golf courses, boat launches and driving ranges. This definition excludes golf courses and stadiums. Outdoor recreation uses for the private use of the landowner are permitted outright.
(Ord. 2013-012, 2013)
"Recreational vehicle"
means a vehicular type unit designated as temporary living quarters for recreation camping, travel or seasonal use which has its own power or is mounted on or towed by another vehicle. The vehicle has a gross floor area of not more than three hundred twenty (32) square feet. This definition includes vehicles such as travel trailers, camping trailers, truck campers and motor homes. A recreational vehicle is not considered a mobile or manufactured home and is not constructed to the International Building Code standards. A recreational vehicle has a green and silver insignia from the Department of Labor and Industries.
(Ord. 98-22 (part), 1998; Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Recreational vehicle park"
means land designed to accommodate predominantly recreational vehicles (RVs) used as temporary living quarters for recreation or vacation purposes with sewage facilities approved by the County Health Department and a maximum allowable stay of one hundred eighty (180) days in a calendar year.
(Ord. 2013-012, 2013)
"Restaurant"
means a retail establishment selling food and/or drink for consumption on the premises or for take-out, including accessory on-site food preparation, This definition excludes taverns.
(Ord. 2013-001, 2013)
"Retail sales"
means selling goods or services to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This definition excludes agriculture sales.
(Ord. 2013-001, 2013; Ord. 2014-004, 2014; Ord. 2014-015, 2014)
A commercial indoor and or outdoor space/area used to store recreational vehicle for any amount of time.
(Ord. 2018-001, 2013)
"Services"
means establishments primarily engaged in providing individual or professional services within the place of business, such as beauty and barber shops, retail laundry and dry-cleaning including coin-operated, garment alterations and repair, photo studios, shoe repair, pet grooming, photography and photo reproduction, real estate offices, personal accountants, entertainment media rental or other indoor rental services, and repair of personal or household items.
(Ord. 2013-001, 2013)
"Shooting range"
means an area or facility designated or operated for archery (including crossbows), and/or the discharging and operation of lawfully possessed, lawful firearms, as defined in RCW Chapter 9.41; with the exception of:
1. 
Any law enforcement or military shooting range; or
2. 
Incidental target practice areas on private property.
(Ord. 2009-25, 2009; Ord. 2013-001, 2013)
"Contact"
means the operator or the operator's representative who is the point of contact for any short-term rental guest for the duration of the guest's stay in the short-term rental.
"Department"
means the Department of Revenue.
"Dwelling unit"
means a residential dwelling of any type, including a single-family residence, apartment, condominium, cooperative unit, or room, in which a person may obtain living accommodations for less than thirty (30) days, but not including duly licensed bed and breakfast, inn, hotel, motel, or timeshare property.
"Fee"
means remuneration or anything of economic value that is provided, promised, or donated primarily in exchange for services rendered.
"Guest"
means any person or persons renting a short-term rental unit.
"Operator" or "short-term rental operator"
means any person who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit.
"Owner"
means any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement is not considered an owner.
"Person"
has the same meaning as provided in RCW 82.04.030.
"Short-term rental"
means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty (30) consecutive nights. "Short-term rental" does not include any of the following: (i) a dwelling unit that is occupied by the owner for at least six (6) months during the calendar year and in which fewer than three (3) rooms are rented at any time; (ii) a dwelling unit, or portion thereof, that is used by the same person for thirty (30) or more consecutive nights; or (iii) a dwelling unit, or portion thereof, that is operated by an organization or government entity that is registered as a charitable organization with the Secretary of State, State of Washington, or is classified by the Federal Internal Revenue Service as a public charity or a private foundation, and provides temporary housing to individuals certified on 9/1/2023 Combined Chapter 64.37 RCW, Page 1, who are being treated for trauma, injury, or disease, or their family members.
"Short-term rental advertisement"
means any method of soliciting use of a dwelling unit for short-term rental purposes.
"Short-term rental platform" or "platform"
means a person that provides a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use, and from which the person or entity financially benefits. Merely publishing a short-term rental advertisement for accommodations does not make the publisher a short-term rental platform.
(Ord. 2025-001, 1/7/2025)
"Sending site"
means designated lot or lots from where landowners may sell their development rights in exchange for placing a conservation easement on the property.
(Ord. 2009-25, 2009)
"Structure"
means that which is built or constructed, an edifice or building of any kind, or any place of work artificially built up or composed of parts joined together in some definite manner. Fences that are 7 feet or less in height, and retaining walls that are 4 feet or less in height measured from the bottom of the footing to the top of the wall not supporting a surcharge or impounding Class I, II or III-A liquids are excluded from this definition.
(Res. 83-10, 1983; Ord. 2015-010, 2015; Ord. 2022-017, 2022)
"Trails"
means man-made pathways designed and intended for use by pedestrians, bicyclists, equestrians, snowmobiles and other recreational users together with associated parking and trailhead facilities.
(Ord. 2013-012, 2013)
"TDR certificate letter of intent"
means a document issued to a landowner upon an approved TDR sending site application. The letter contains a determination of the number of development rights calculated for the sending site and an agreement by the County to issue a corresponding number of TDR certificates in conversion for a conservation easement. The sending site owner may use the TDR certificate letter of intent to market development rights to potential purchasers, but the document has no value itself and cannot be transferred or used to obtain increased development rights within receiving areas.
(Ord. 2009-25, 2009)
"TDR credit"
means for the TDR commodity used in receiving sites. TDR credits reflect the number of units a seller has a right to build or sell on a sending site based on zoning. TDR credits may also reflect the number of TDR certificates required for a given development project.
(Ord. 2009-25, 2009; Ord. 2013-001, 2013)
"TDR program"
means a market-based program that provides a public benefit by permanently conserving rural resource lands by establishing a means to transfer development rights from eligible sending sites to eligible receiving sites through a voluntary process that fairly compensates landowners while providing a public benefit for communities.
(Ord. 2009-25, 2009)
"Use"
means the purpose for which land or building is arranged, designed or intended.
1. 
"Permitted use"
means a use allowed outright within a zone classification.
2. 
"Permitted Administrative use"
means a use which may be permitted within a zone classification following review under the provisions of KCC Chapter 17.60B.
3. 
"Administrative Conditional use"
means a use which may be permitted in a zone classification following review under the provisions of KCC Chapter 17.60A.
4. 
"Conditional use"
means a use which may be permitted in a zone classification following review and hearing under the provisions of KCC Chapter 17.60A.
5. 
"Nonconforming use"
means a use or structure, that was legally established according to the applicable zoning and/or building regulations of the time, but which does not meet current zoning and/or building regulations.
6. 
"Prohibited use"
means those uses not specifically enumerated as allowed uses under the provisions of KCC Chapter 17.15.
(Res. 83-10, 1983; Ord. 2013-001, 2013; Ord. 2013-012, 2013; Ord. 2018-001, 2018)
"Variance"
means a waiver of the strict interpretation of the requirements. It is a special dispensation given to the petitioner to disregard certain stipulations in the zoning code in order to develop his property.
(Res. 83-10, 1983)
A building where bulk raw materials or manufactured goods may be stored and distributed for commercial purposes. Warehouse and Distribution uses do not include on-site manufacturing and generally service manufacturing and retail establishments. Agriculture products and Hay Storage are not included in this definition.
(Ord. 2021-015, 2021)
"Winery"
means a facility where fruit or other products are processed (i.e., crushed, fermented, decanted, stored, bottled and shipped) into wine. This may include the sale of wine and limited ancillary items, tourist facilities, or tasting rooms.
(Ord. 2007-22, 2007; Ord. 2013-001, 2013)
"Yard"
means an open space, other than a court or a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
(Res. 83-10, 1983)
"Yard depth"
means the minimum perpendicular distance between any point on a lot line and the nearest part of any structure or building, excluding an 18-inch eave (overhang) no closer than 5 feet to the property line, and excluding retaining walls necessary for access permits as determined by Kittitas County Public Works.
(Res. 83-10, 1983; Ord. 2022-017, 2022)
"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 building) and the rear line of the lot.
For triangular lots the rear yard shall be the area of the lot lying within a circle having a radius equal to the depth of the required rear yard and its center at a point therein defined as the rear property line for such lots.
(Res. 83-10, 1983)
"Side yard"
means an open unoccupied space on the same lot with a building, between the side wall line of the building and the side line of the same lot.
(Res. 83-10, 1983)