Spokane Municipal Code

Title 17A Administration

Chapter 17A.020 Definitions

1. Object.

A thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

2. Off-site Compensation.

Restoration or replacement of a wetland within its primary drainage basin, but not adjacent to the site on which a wetland has been or will be degraded. Locations within the City and in the same drainage are preferred and required when feasible. Spokane County locations in reasonable proximity and preferably in the same drainage will be considered when no practicable City location exists.

3. On-site Compensation.

Restoration or replacement of wetland at or very near the site where a wetland has been or will be degraded by a regulated activity.

4. On-site Stormwater Facilities.

1. 1. Physical improvements or design characteristics on a premises with a function to control, prevent, diminish, dissipate, treat, deflect or slow down the rate and/or volume of stormwater runoff or flows entering the public right-of-way, the public sanitary or storm sewer system, or to reduce flooding and erosion on public or private property.

1. 2. Examples include, but are not limited to, catch basins, pipes, ponds, impoundments, inlets and drains, as well as biotic or landscaping components such as grassy swales, drainage areas, easements, or other kinds of onsite drainage systems.

5. Open Record Hearing.

A hearing, conducted by a single hearing body or officer authorized to conduct such hearings, that creates a record through testimony and submission of evidence and information (RCW 36.70B.050(2)).

6. Open Roof Structure

A non-conditioned, open structure typically providing shade and casual gathering space and incorporating a pergola, arbor or trellis. For purposes of the HFBC, Open Roof Structures may include partial-height screen walls on no more than one side.

7. Open Water Component.

Wetlands having any areas of standing water present for more than one month at any time of the year without emergent, scrub-shrub or forested vegetation. Open water includes any aquatic beds.

8. Ordinance.

The ordinance, resolution, rules or other procedure used by the City of Spokane, Spokane County, Spokane regional health district, and Spokane County air pollution control authority to adopt regulatory requirements.

1. Ordinary High Water Mark.

The mark that is found by examining the bed and banks of a water body and ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years as to mark upon the soil and vegetation a character distinct from that of the abutting upland.

10. Ordinary Repair and Maintenance.

Work the purpose and effect of which is to correct any deterioration or decay of, or damage to, the real property or structural appurtenance thereon and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay or damage.

11. Outdoor Display.

1. 1. The outdoor display of products, vehicles, equipment and machinery for sale or lease.

1. 2. Outdoor display is an outdoor showroom for customers to examine and compare products.

1. 3. There is variety or a distinction among the goods on display, through different products, brands or models.

1. 4. The display area does not have to be visible to the street.

1. 5. Exterior display does not include goods that are being stored or parked outside. It does not include damaged or inoperable vehicles, vehicles or equipment being serviced, bulk goods and materials, and other similar products. Outdoor display does not include car and boat sales and leasing when such vehicles are not accessible to customers to inspect and compare; this situation is considered outdoor storage.

1. 6. Examples of uses that often have outdoor display are car and boat sales and leasing, and plant nurseries.

1. 7. See also, “Outdoor Work Activities and Outdoor Storage.”

12. Outdoor Storage.

1. 1. The outdoor storage of goods that generally have little or no differentiation by type or model.

1. 2. The goods may be for sale or lease, but if so, they are the type that customers generally do not inspect and compare.

1. 3. Outdoor storage also includes the outdoor storage of goods for sale, lease or rent that may be differentiated by type or model, but that are not accessible for customers to inspect or compare.

1. 4. Outdoor storage includes the storage of raw or finished goods (packaged or bulk), including:

1. 1. 1. gases, oil, chemicals, gravel, building materials, packing materials, salvage goods, machinery, tools and equipment;

1. 1. 2. vehicles that are for sale, lease or rent, which are not accessible to the customer to inspect or compare;

1. 1. 3. vehicles that have been unloaded at port facilities and are waiting transport to off-site locations; and

1. 1. 4. other similar items.

1. 5. The storage of recreational vehicles outdoors is also considered outdoor storage.

1. 6. Damaged or inoperable vehicles or vehicles which have missing parts, that are kept outside, are also included as outdoor storage.

1. 7. Examples of uses that often have outdoor storage are lumberyards, wrecking yards, tool and equipment rental, bark chip and gravel sales, car dealerships or car rental establishments and port facilities.

1. 8. See also “Outdoor Display” and “Outdoor Work Activities.”

13. Outdoor Work Activities.

1. 1. Include the outdoor processing, assembly or fabrication of goods; the maintenance, repair and salvage of vehicles and equipment; and other similar activities that generally have an industrial orientation.

1. 2. Outdoor work activities do not include normal pick-up and deliveries to a site, parking, excavation and fills, outdoor eating areas, outdoor recreation or outdoor markets.

1. 3. See “Outdoor Display” and “Outdoor Storage.”

14. Out-of-kind Compensation.

The restoration or creation of a wetland with vegetation and other characteristics not resembling those of a specified wetland.

15. Owner/Ownership Interest.

Owners are all persons having a real property interest. Owners include with respect to real property:

1. 1. holder of fee title or a life estate;

1. 2. holder of purchaser’s interest in a sale contract in good standing;

1. 3. holder of seller’s interest in a sale contract in breach or in default;

1. 4. grantor of deed of trust;

1. 5. presumptively, a legal owner and a taxpayer of record;

1. 6. fiduciary representative of an owner;

1. 7. person having a right of possession or control; or

1. 8. any one of a number of co-owners, including joint, in common, by entireties and spouses as to community property.

Date Passed: Monday, January 12, 2015

Effective Date: Wednesday, February 25, 2015

ORD C35212 Section 17