Chapter 17.08
DEFINITIONS
Sections:
17.08.010 Definitions generally.
17.08.010 Definitions generally.
For the purposes of this title, unless it is plainly evident from the context that a different meaning is intended, certain words and terms are defined in this chapter. The word “shall” is always mandatory. Words in the present tense include the future, the singular includes the plural and the plural includes the singular. Where the words “planning agency” appear they shall always mean the planning agency of the city of Brewster, Washington. Where the word “council” appears it shall always mean the city council of the city of Brewster. Words not defined in this title shall be construed as defined in the city of Brewster building code. (Ord. 926 § 2 (part), 2020; Ord. 873 § 1 (Att. A) (part), 2015: Ord. 668 § 2 (part), 1998: Ord. 253 Art. 2(A) (part), 1965)
17.08.020 Definitions.
“Access corridor” means a private easement providing primary access from a public right-of-way to a lot, parcel, tract of land. Such corridors shall meet applicable requirements of Chapter 16.32 of this code regarding access corridors.
“Accessory building or use” means a subordinate use, structure, building or portion of a building located on the same parcel of land as the main use or building to which it is accessory. Accessory buildings shall contain no habitable space, nor shall they exceed twenty feet in height, unless otherwise specifically provided by other provisions of this title.
“Administrator” means the city of Brewster public works director or other individual duly appointed by the mayor.
“Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, cathode ray tube (“CRT”) projectors, liquid crystal display (“LCD”) projectors, television monitors, computer terminals or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, laser discs, digital video discs (“DVDs”), computer discs, Internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
“Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.
“Adult entertainment” means:
A. Any exhibition, performance, or dance conducted in an adult entertainment facility where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
B. Any exhibition, performance, or dance intended to sexually stimulate any member of the public and conducted in an adult entertainment facility where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
“Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, or adult retail store.
“Adult family home” means a residential home of a person or persons who are providing personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services (RCW 70.128.010).
“Adult motel” means a hotel, motel, or similar commercial establishment which:
A. 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, laser discs, digital video discs (“DVDs”), computer discs, Internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or
B. Offers a sleeping room for rent for a rental fee period of time that is less than ten hours; or
C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
“Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, laser discs, digital video discs (“DVDs”), computer discs, Internet sites, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
“Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:
A. Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, laser discs, digital video discs (“DVDs”), computer discs, Internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
B. Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes fifty percent or more of the stock-in-trade of a particular business establishment. The stock-in-trade of a particular business establishment shall be determined by examining either: (1) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (2) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials.
“Advertising device” means any board, fence, vehicle, structure or other object that is visible from a public right-of-way or surrounding properties whose primary purpose is that of advertising or identifying any establishment, product, goods or services. These include, but are not limited to, signs, billboards, lights, balloons, flags and audible messages (except for signs identifying the occupant or premises in a residential zone district).
“Agricultural equipment” and “agricultural facilities” include, but are not limited to: (A) the following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains; (B) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (C) farm residences and associated equipment, lands, and facilities; and (D) roadside stands and on-farm markets for marketing fruit or vegetables.
“Agricultural land” means those specific land areas on which agriculture activities are conducted as of the date of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography or other documentation.
“Agricultural products” includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products.
“Agriculture” and “agricultural activities” mean agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the OHWM than the original facility; and maintaining agricultural lands under production or cultivation. Vegetable gardens occupying less than five thousand square feet and up to ten fruit trees on a lot are exempt from this definition.
“Agriculture related industry” means:
A. Packaging plants that may include but are not limited to the following activities: washing, sorting, milling, crating, canning, freezing and other functional operations such as drying, field crushing or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Processing activities such as slaughterhouses, animal reduction yards, and tallow works shall not be considered packaging plants.
B. Processing plants that may include but are not limited to those activities which involve the pasteurization, fermentation or other substantial chemical and physical alteration of agricultural products. Activities such as slaughterhouses, animal reduction yards and tallow works shall not be considered processing plants.
C. Storage facilities that may include those activities which involve the warehousing (dry, cold and/or wet) of processed and/or packaged agricultural products.
“Airport” means Anderson Field, the city of Brewster municipal airport.
“Airport elevation” means 914 feet above mean sea level; this elevation is used as the primary datum for measuring allowable structure heights to limit obstructions.
“Airport hazard” means any structure, tree, mobile object or large animal, or congregation of birds moving through or located at the airport or its vicinity, or use of land that obstructs the air space required for the flight of aircraft landing or taking off, or is otherwise hazardous to such landing or taking off of aircraft.
“Alley” means a narrow street, dedicated to public use, used primarily for vehicular access or utility installation to the rear or side of properties otherwise abutting on another street.
“Animal feeding operation” or “AFO” means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:
A. Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
“Animal shelter” means a building or structure (including external fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild. (See also “kennel.”)
“Animal (veterinary) clinic/hospital” means a facility used for veterinary care of sick or injured animals primarily within the confines of the principal structures. The boarding of animals is limited to short term care, and is accessory to the principal use. This definition does not include kennels.
“Apartment house” means a building or portion thereof, designed and intended for occupancy by three or more families living independently of each other. This definition includes apartment hotels and group dwellings.
“Appeal” means a request for a review of the interpretation of any provision of this title; see also Section 19.01.005.
“Assisted living facility” means a type of licensed boarding home operating in accordance with an assisted living services contract with the Department of Social and Health Services offering a package of services, including personal care and limited nursing. Such facilities may include housing for the resident in a private apartment-like unit.
“Automobile wrecking yard” means an area in which the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts, or the storage of motor vehicles unable to be moved under the power of the vehicle is conducted.
“Basement” means that portion of a building, between a floor and a ceiling, which is partly below the finished grade. A basement shall be considered a story unless it is used exclusively for parking, storage and/or the housing of heating equipment.
“Bed and breakfast” means an owner-occupied single-family dwelling in which not more than two bedrooms for not more than six guests total are rented to the traveling public. Only one meal, breakfast, may be served at a bed and breakfast. For the purposes of this title, this use is not considered a commercial use. This use shall have the outward appearance of a single-family residence and food service in accordance with WAC 246-215-180.
“Best management practices” (BMPs) means conservation practices or systems of practices and management measures that:
A. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment;
B. Minimize adverse impacts to surface water and groundwater flow, circulation pattern, and to the chemical, physical, and biological characteristics of waters, wetlands, and other fish and wildlife habitats;
C. Control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material.
“Binding site plan development” means a planned development that does not establish lot boundaries for the purpose of subdividing for sale individual lots or parcels within the development. A binding site plan development must meet exemption criteria from subdivision regulations as defined in Chapter 58.17 RCW and the city’s subdivision regulations.
“Boardinghouse” means a home where lodging with or without meals is provided for a fee for three or more persons in addition to members of the family occupying such building and no more than ten persons on a permanent or semipermanent basis.
“Buildable area” means the space remaining on a lot after the minimum open space requirements (coverage, yards, setbacks) have been met.
Building. (See “structure.”)
“Building code” means the International Building Code and related codes as amended and adopted by the city of Brewster.
“Building coverage” means the amount of land covered or permitted to be covered by a building or buildings, usually measured in terms of percentage of a lot.
“Building height” means the vertical distance measured from the average elevation of the native grade adjacent to the building foundation, to the highest point of the coping of a flat roof, or to the highest gable of a pitched or hipped roof, excluding chimneys, antennas and other secondary roof structures.
“Building line” means a line, fixed parallel to the lot line, beyond which a building cannot extend.
“Bulk storage” means the storage of chemicals, petroleum products, grains and other materials in structures for subsequent resale to distributors or retail dealers or outlets.
“Business or professional office” means the office of a recognized profession or nonretail business maintained for the conduct of that profession or business.
“CAFO” means concentrated agricultural feeding operation, as defined by CFR 122.23.
“Campground/RV park” means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, self-contained travel trailer/motor home sites, tent sites, restroom and shower facilities, and laundry facilities for the convenience of temporary occupants. This definition includes camping clubs when developed in accordance with applicable state laws.
“Car wash” means any structure requiring the installation of special equipment and plumbing, which is used or intended to be used primarily for the washing of motor vehicles.
“Child care” means an activity which would regularly provide care or developmental instruction, whether for compensation or not, to children who are not related to the operator of the facility.
“Child day care center” means an agency which provides child day care outside the abode of the licensee or for thirteen or more children in the abode of the licensee. Such facilities are licensed by the Department of Social and Health Services under Chapter 74.15 RCW and Chapter 388-150 WAC (WAC 212-12-005).
“Church” means a structure, or group of structures, which are primarily used for religious services and associated accessory uses.
“Commercial recreation” means land and/or buildings which are used for recreation activities by the general public which normally operates for monetary gain.
“Community center, meeting hall, fraternal lodge” means structures for civil, public and club meetings or gatherings with or without accessory kitchens and dining facilities not operated as regular commercial enterprises.
“Community youth center” means an enclosed structure open to the general public that is owned and operated by the city of Brewster or another public agency and that is used predominantly by children for cultural, educational, recreational, or social purposes.
“Comprehensive plan” means any map or policy statement pertaining to the development of land use, streets, or public utilities and facilities, for all or any portion of the city which has been officially adopted by the planning agency and the city council.
“Conditional use” means a use, development, or substantial development which is classified as a conditional use or is not classified within this title.
Convalescent Center. (See “nursing home.”)
“Critical areas” means the following areas and ecosystems: (A) wetlands; (B) areas with a critical recharging effect on aquifers used for potable water; (C) fish and wildlife habitat conservation areas; (D) frequently flooded areas; and (E) geologically hazardous areas, as defined by RCW 36.70A.030(5) and as identified in the city of Brewster’s comprehensive plan.
“Day care center” means a state licensed agency which regularly provides care for a group of children for periods less than twenty-four hours in a place of business other than a residence. For the purposes of this title a day care center may include preschool activity.
“Day care home” means the residence of a state licensed day care provider who regularly provides day care for not more than twelve children in the family living quarters. For the purposes of this title a day care home may include preschool activity.
“Density” means the average number of dwelling units per acre for residential development and the maximum amount of use and/or square footage expressed as a percentage or fraction of the size of the lot.
“Development guidelines and standards” means those design standards outlined in this title, city of Brewster Ordinances 612 and 626, the Brewster shoreline master program, and any other standards set forth in the Brewster Municipal Code as they now exist or may be hereafter amended.
“Development regulations” means the controls placed on development or land uses by the city, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto.
“Domestic farm animal” means animals domesticated by humans to live in a tame condition or fenced yard. This definition includes, but is not limited to, dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry and swine.
“Dormitory housing” means a residential unit designed to accommodate up to twelve individuals with sleeping, living, bathing, and kitchen spaces.
“Dwelling, accessory” means a habitable living unit on a lot occupied by a one-family dwelling or other main building that is not a two-family or multi-unit dwelling. Accessory dwelling units provide basic requirements for living, sleeping, eating, cooking and sanitation and are subordinate to the principal or allowed use on the property. Accessory dwellings are subject to the standards found in Section 17.10.110.
“Dwelling, multi-unit” means a building containing more than two dwelling units, or two dwelling units if a total of two or more multi-unit dwellings are located on the same lot.
“Dwelling, one-family” means a detached building containing one dwelling unit that meets the minimum design standards found in Section 17.10.100.
“Dwelling, two-unit” (also “duplex”) means a single structure on one building lot containing two dwelling units and designed for occupancy by two families and connected by a common vertical wall or, in the case of multistory building, by common ceiling and floor.
“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family as defined in this title. No motor home, travel trailer, tent trailer or other recreational vehicle shall be considered a dwelling unit.
“Eating and drinking establishments” means retail establishments selling food and drink for consumption on the premises, including lunch counters and refreshment stands selling prepared foods and drinks for immediate on-site consumption.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.
“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Family” means an individual, or two or more persons related by blood, marriage, adoption or legal guardianship, living together in a dwelling unit in which meals or lodging may also be provided for not more than two additional persons excluding servants; or a group of not more than five unrelated persons living together in a dwelling unit. Persons with functional disabilities, as defined in this title, shall be considered the same as related individuals.
“Family child care home” means a licensed facility to provide direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children, in the home of the licensee where the licensee resides and is the primary provider, within a birth through eleven years of age range exclusively, for periods less than twenty-four hours, as defined in WAC 388-155-010 and 388-296-020 as it exists or is hereafter amended.
“Family home child care” means a facility licensed to provide direct care, supervision and early learning opportunities for twelve or fewer children, in the home of the licensee where the licensee resides and is the primary child care provider.
“Family home child care provider” means a person who provides direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children in their family home living quarters for periods of less than twenty-four hours (WAC 388-296-0020 and 170-296-0020).
“Feed, grain and farm supply” means a retail establishment that primarily sells agricultural-related supplies and equipment.
“Feedlot” means an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, a confined area or structure for feeding, breeding or holding livestock for eventual sale or slaughter and in which animal waste accumulates faster than it can naturally dissipate without creating a potential for a health hazard, particularly with regard to surface and groundwater; but not including barns, pens or other structures used in a dairy operation or structures on farms holding livestock primarily during winter periods.
“Fence” means any arrangement of wood, metal, wire or other material running around, along, or by the side of any open area to prevent or restrict passage or to mark a boundary; provided, that fences composed solely of live shrubbery or plantings shall not be included under this definition.
“Financial institution” means establishments such as banks and savings and loans; credit agencies; investment companies; brokers and dealers of securities and commodities, insurance agents; and lessors, lessees, buyers, sellers, agents, and developers of real estate.
“Floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls, halls, stairways and elevator shafts.
“Functional disabilities, people with” means:
A. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:
1. Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or
2. Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or
3. Having a physical or mental impairment which substantially limits one or more of such person’s major life activities; or
4. Having a record of having such an impairment.
B. A person being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance.
“Future service area” means a regional boundary, set in an attempt to control urban sprawl by encouraging that the area inside the boundary be used for higher density urban development and the area outside is used for lower density development. “Use” means the purpose for which land or a structure is primarily designed, arranged or intended, or for which it is primarily occupied or maintained.
“Grade” (adjacent ground elevation) is 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 feet from the building, between the building and a line five feet from the building (per International Building Code).
“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.
“Gravel pit” means land from which sand, gravel or quarried rock is extracted, but does not include the extraction of metals, minerals or fossil fuels. (See “mining.”)
“Grocery store” means a retail establishment primarily selling food as well as other convenience and household goods.
“Guest house” means a small living unit accompanying the main residence permitted on a lot of minimum size or larger for the purpose of housing guests, friends, and relatives and having its own kitchen and toilet facilities. The total floor area of such a unit shall be a minimum of five hundred square feet and not exceed fifty percent of the total area of the main residence. The main residence shall be occupied by the property owner.
“Hazardous household substances” means those substances identified by the department as hazardous household substances in the guidelines developed under RCW 70.105.220.
“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter (RCW 70.105.010).
“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010, as the same exists now or may hereafter be amended.
“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by state dangerous waste regulation, Chapter 173-303 WAC, as the same exists now or may hereafter be amended.
“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous wastes to make them less dangerous, safer for transport, amenable for storage or reduced in volume.
“Hazardous waste treatment and storage facility, off-site” means those treatment and storage facilities which treat and store waste from generators on properties other than those on which the off-site facilities are located. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105.210, as the same exists now or may hereafter be amended.
“Hazardous waste treatment and storage facility, on-site” means those treatment and storage facilities which treat and store wastes generated on the same geographically contiguous or bordering property. These facilities must comply with the state siting criteria adopted in accordance with RCW 70.105.210, as the same exists now or may hereafter be amended.
“Historic site” means those sites that are eligible to be listed or are listed on the Washington Heritage Register, National Register of Historic Places, or any locally developed historic registry formally adopted by the city of Brewster.
“Home occupation” means a lawful occupation carried on entirely within a residence as a clearly secondary use involving the occupant(s) and conducted in such a manner as to not manifest any outward appearance or characteristic of a business in the ordinary meaning of the term. See Section 17.10.170 for permit requirements.
“Hospital” means an institution providing clinical, temporary and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics and general medical practice as distinguished from clinical treatment of mental and nervous disorders.
“Hotels and motels” means establishments for housing the traveling public on an overnight or short term basis. Accessory restaurant and recreational facilities are usually available to nonguests as well as guests.
“Housing for people with functional disabilities” means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities, and housing for any supported living arrangement, as defined in this title.
“Impervious surface” means any material or structure that prevents the natural absorption of water into the earth.
“Junkyard” means any lot, parcel, tract of land, building, structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal, vehicular parts, glass, used building materials, household appliances, brush, wood or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor or recreational vehicles. This definition shall not include recycling drop off stations.
“Kennel” means any premises or building commercial establishment (including a residence) in which dogs or other domestic animals are housed, kept, groomed, bred, boarded, trained or sold. (See also “animal shelter.”)
“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimensions to meet minimum zoning requirements for width and area. The term shall include tracts and parcels.
“Lot area” means the total horizontal area (generally measured in square footage) within the lot lines of a lot.
“Lot, buildable” means a lot upon which the city of Brewster will issue a building permit in accordance with zoning and other applicable regulations.
“Lot, corner” means a lot abutting on two intersecting streets other than an alley or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees. For corner lots, the front lot line shall always be the shorter of the lot lines that run parallel to either of the two intersecting streets. If both street frontages are the same length, the official address shall determine which is front.
“Lot coverage” means the amount of land covered or permitted to be covered by buildings or other improvements that create impervious surfaces, and by driveways and parking areas, usually measured in terms of percentage of total lot area.
“Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
“Lot line” means the property line bounding a lot.
“Lot line, front” means the property line separating the lot from the street upon which the administrator has made its official address.
“Lot line, rear” means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
“Lot line, side” means any lot line not a front or rear lot line.
“Lot of record” means land designated as a separate and distinct parcel in a legally recorded subdivision plat, or in a legally recorded deed filed on record with Okanogan County.
“Lot, through” means an interior lot having frontage on two streets.
“Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front lot line and the rear lot line.
“Machine shop” means an establishment primarily involved in the fabrication, machining, welding and repair of metal parts and equipment. The term “machine shop” does not include major manufacturing facilities that mass produce materials, parts and equipment for export.
“Manufactured home” means a dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes. All manufactured homes shall bear the appropriate insignia by a state or federal regulatory agency indicating compliance with all applicable construction standards of the U.S. Department of Housing and Urban Development for manufactured homes as adopted by the Washington State Department of Labor and Industries or the Uniform Building Code as adopted by the city of Brewster.
Manufactured Home, Designated. “Designated manufactured home” means a manufactured home constructed after June 15, 1976, in accordance with the state and federal requirements for manufactured homes, which:
A. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;
B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal or similar roof of not less than three to twelve pitch; and
C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built, Uniform Building Code single-family residences.
“Manufactured home park” means a parcel of land under single ownership used for or available for rent for the placement of two or more mobile or manufactured homes used as dwellings.
“Manufacturing, heavy” means industrial enterprises and activities which possess potential nuisance or hazard components or place exceptional demands upon public facilities and services. Such facilities generally involve the manufacturing, assembly, fabrication and processing, bulk handling, storage, warehousing, and heavy trucking activity and normally require sites of larger size to accommodate these uses.
“Manufacturing, light” means a manufacturing use in which goods are produced without using heavy machinery such as machine loaders, foundry machinery, metal, presses, etc., and without chemically processing materials. Light manufacturing activities include but are not limited to the following activities:
A. Manufacture, assembly, finishing, and/or packaging of small items from component parts. Examples include but are not limited to pottery, clothing, assembly of clocks, electrical appliances, or medical equipment.
B. Production of items made from materials derived from plants or animals, including but not limited to leather, pre-milled wood, paper, wool or cork; or from textiles, semi-precious or precious metals or stones, or plastics.
C. Production or bottling of beverages for human consumption, including but not limited to beer, wine and soft drinks.
“Manure lagoon” means a waste treatment impoundment, in which manure is mixed with sufficient water to provide a high degree of dilution for the primary purpose of reducing pollution potential through biological activity.
“Mineral extraction” means the removal of topsoil, gravel, rock, clay, sand or other earth material, including accessory activities such as washing, sorting, screening, crushing and stockpiling. Not included is the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) subject to the provisions of this title.
“Mineral prospecting” means to excavate, process, or classify aggregate using hand-held mineral prospecting tools and mineral prospecting equipment.
“Mini-mart” means a use which combines retail food sales with fast foods or take-out food service. Mini-marts may or may not be associated with service stations. The term “mini-mart” shall also include “quick-e-mart” and “convenience store.”
“Mining” means the act of extracting from the earth minerals and/or ores via open pit, shaft, leaching, hydraulic, sand and gravel removal or other methods, except dredging. Note that mining activities are subject to zoning regulation and approval processes; however, prospecting and exploration activities that are conducted with minimal disturbance of the subject property are not considered mining and are not restricted by zoning. Surface mining operations are also regulated by the Department of Natural Resources.
“Mitigation” means avoiding, minimizing, rectifying, reducing, compensating for, and/or monitoring an impact as defined in Washington State’s SEPA rules, WAC 197-11-768.
“Mobile home” means a transportable dwelling unit manufactured after January 1, 1968, and before June 15, 1976, and bearing an insignia of the Washington State Department of Labor and Industries. Mobile homes without such insignia are nonconforming structures.
“Modular/factory-built home” means a structure constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance. This definition includes prefabricated, panelized, and factory-built units.
“Multifamily dwelling (residence)” means a single building, or portion thereof, designed for or occupied by three or more families living independently of each other in separate dwelling units on one lot of record and, for the purpose of this code, includes triplexes, fourplexes, apartment buildings, and residential condominiums.
“Native grade” means the existing grade on a lot or parcel prior to excavation for construction.
“Neighborhood” means an area which is recognized as a distinct entity by virtue of certain factors, such as: definite boundaries, natural or man-made; history; architecture; facilities which attract people within a certain radius; or a shared sense of identity or social cohesion.
“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
“Nonconforming lot” means a lot, the area, width and other dimensional characteristics of which fail to meet the requirements of the zoning district in which it is located and was conforming prior to the enactment of the ordinance codified in this title or any amendment thereto.
“Nonconforming structure” means a structure which was lawful when established which does not now conform to the development standards of the zone in which it is located.
“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the permitted uses and regulations of the zone and/or shoreline designation in which it is located.
“Nuisance” means any use, activity or structure that interferes with the enjoyment and use of one’s property by endangering personal health or safety, offending the human senses and/or failing to conform with the provisions, intent or standards of the district in which the use, activity or structure occurs.
“Nursery” means a facility, structure or use of land for the commercial production or sale of bedding plants, street stock or associated horticultural and landscape products.
“Nursing home” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for three 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. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give, only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter; provided, that any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570.
“Off-street parking” means parking space(s) provided beyond the right-of-way of a highway, street or alley.
“Open space, common” means any parcel, tract of land or water feature that is essentially unimproved or improved with low intensity agricultural, garden uses, parks or playgrounds that has been set aside, dedicated, designated or reserved for the use or enjoyment of the owners within a development.
“Open space, conservation” means land retained in an open or unimproved condition, which has been set aside, dedicated, designated, or reserved for fish and wildlife preservation or enhancement purposes. Mechanisms for preservation of conservation open space include but are not limited to: subdivision, planned development (PD), or planned destination resort (PDR) process. Lands within this type of an open space dedication may include portions and combinations of forest, agricultural and grazing lands, priority fish and wildlife habitats, on-site watersheds, one-hundred-year floodplains, county shorelines or shorelines of state-wide significance and riparian areas and wetlands. Land so designated shall not include areas of human impact and shall contain no structures or impervious surfaces other than those which are approved by the administrator, e.g., part of an organized trail system, structure approved by the Department of Fish and Wildlife, and structures of historical/architectural preservation significance or used as designated conservation open space.
“Open space, individual ownership” means land within or related to a development owned individually, which remains undeveloped (except for trails) and that is dedicated for use in the development and is retained or restored to its native state or used for agricultural or recreational purposes, e.g., part of an organized trail system, structure approved by the Department of Fish and Wildlife, and structures of historical/architectural preservation significance or used as designated wildlife open space.
“Open space, public” means any parcel, tract of land or water feature that is essentially unimproved or improved with low intensity agricultural, garden uses, parks or playgrounds which has been set aside, dedicated, designated or reserved for use by the general public.
“Parcel” means a tract or tax parcel other than a platted lot.
“Parking facility” means a land area or structure that is devoted exclusively to the temporary parking or storage of motor vehicles for which a fee may or may not be charged, and where no service or repairs of any kind are furnished.
Party of Record. See Section 19.01.005.
Permit. See Section 19.01.005.
“Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated.
“Personal services” means establishments primarily engaged in providing services involving the care of a person or his or her personal goods and apparel. Examples include, but are not limited to, cleaning and pressing service, linen supply, beauty shops, barbershops, shoe repair, funeral services and domestic services.
“Personal storage facility” means enclosed area or structures providing storage for personal goods and/or recreational vehicles within the structure.
“Placer mining” means the mining (by panning or dredging) of alluvial (waterborne) or glacial deposits of precious metals or minerals, usually in stream beds or valleys adjacent to uplands rich in these minerals.
“Planned development” means either a planned unit or binding site plan development as defined in city of Brewster Ordinance 612.
“Planned unit development” means a planned development that includes the subdivision of property as defined in Chapter 58.17 RCW and the city’s subdivision regulations.
“Private road” means every way or place in private ownership and used for travel of vehicles by the owner(s) or those persons having express or implied permission by the owner(s), but not by other persons; such roads are not maintained by the city of Brewster.
“Private school” means any building or group of buildings the use of which meets the state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.
“Property line” means any line bounding the ownership of a parcel of land.
Property Line, Front. “Front property line” means the property line separating any parcel of land from a street right-of-way. In all plats, subdivisions and replats having both streets and alleys, the rear property line shall be the property line along the alley, the front property line shall be that property line along the street exactly opposite and parallel to the alley. In those areas or plats without alleys, the front property line of all corner lots or parcels of property abutted by two intersecting public streets shall be the frontage with the shortest side.
Property Line, Rear. “Rear property line” means any property line other than a front or side property line.
Property Line, Side. “Side property line” means the two property lines that intersect a front property line. These lines may intersect at any angle and be of any length.
“Public building” means any building, structure, facility or complex used by the general public owned or leased by the state, county, the city of Brewster, a utility district or other public agency or municipal corporation.
“Qualified professional” means a person with experience and training in the pertinent scientific discipline with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional will have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or related field, and have at least two years of related work experience. A geologist must have a state license.
“Recreational development” means the modification of the natural or existing environment to accommodate recreation. This includes clearing land, earth modifications, structures and other facilities such as parks, camps, camping clubs, launch ramps, golf courses, viewpoints, trails, public access facilities, public parks and athletic fields, hunting blinds, wildlife enhancement (wildlife ponds are considered excavation), and other low intensity use outdoor recreation areas.
“Recreational vehicle park (RV park)” means a tract of land under single ownership or control upon which two or more recreational vehicle sites are located, established or maintained for occupancy by the general public as temporary living quarters.
“Recreational vehicle (RV)” means a vehicle:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Recycling drop-off station” means a facility or area for consumer deposit of small recyclable household items (glass, paper, aluminum, etc.) in enclosed containers which are collected and emptied on a regular basis without processing, crushing or other handling, and which does not create a nuisance due to odor, noise, appearance, rodent or bug attraction.
“Repair shop” means establishments primarily involved in the repair of appliances, electronic equipment and small engines, excluding automobiles and heavy equipment.
“Residential care facility” means a facility that cares for at least five, but not more than fifteen, functionally disabled persons, that is not licensed pursuant to Chapter 70.128 RCW. An adult family home shall be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.
“Resort” means an establishment offering guests the following: lodging, meals, recreation, entertainment and related items.
“Retail sales” means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
“Retirement community” means any age-restricted development, which may be in any housing form, including detached and attached dwelling units offering private and semi-private residences or rooms.
“Rezone” means to change the zoning district classification of particular lot(s) or parcel(s) of land.
“Road” means a public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and the right-of-way may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes and drainage.
“Sanitary landfill” means a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a land spreading disposal facility.
“School” means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day care facilities/centers, except when operated in conjunction with a public or private school.
“Screening” means a fence, wall, landscaping, evergreen hedge or combination thereof, that effectively provides a sight-obscuring and sound-absorbing buffer. It shall be at least four feet in height and be broken only for access drives, walks and for compliance with clear vision requirements. (See Section 17.10.130.)
“Seasonal” means a temporary use the duration of which is related to an identifiable climatic, cultural, or recreational period (i.e., summer, winter, fall, spring, Christmas, ski season).
“Service station” means a retail facility to supply motor fuel, other petroleum products and convenience foods to motor vehicles and their occupants, and may include lubrication, minor repair service and incidental sale of motor vehicle accessories and convenience foods. (See also “mini-mart.”)
A. The exterior and surroundings must be maintained in a clean and orderly fashion to enhance and not detract from the neighborhoods.
B. No more than six vehicles may be parked outside the building for more than a seventy-two-hour period.
C. No on-street storage of vehicles.
D. No parts, motors or apparently inoperable vehicles to be stored outside.
E. Residences or outbuildings may not be modified and new construction shall conform to all city and safety standards as well as enhance the neighborhood as much as possible.
F. There shall be a public restroom maintained in a sanitary condition and not used for storage.
G. Structural changes or building additions shall be reviewed by the city superintendent.
H. Noncompliance or violation of these conditions shall be strictly enforced in accordance with Section 17.42.010.
“Setback” means the required distance between structures and all lot lines.
“Sexually oriented materials” means any books, magazines, periodicals, or other printed materials or any photographs, films, motion pictures, video cassettes, slides, laser discs, digital video discs (“DVDs”), computer discs, Internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
“Short-term rental” means a residential dwelling unit, or portion thereof, that is rented to overnight guests for fewer than thirty consecutive days.
“Site coverage” means the percent of the lot area which may be covered by structures having a weather-tight roof.
“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid, materials which are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage, from septic tanks, woodwaste, dangerous waste, and problem wastes.
“Special event” means any event (excluding those events allowed through the festival permitting process) that happens for more than three consecutive days per event and no more than twice a year.
“Special event camping” means any ten or more recreational vehicles, tents, or temporary structures designed for temporary habitation, or any combination thereof, limited to the duration of the special event (whether related to a special event or not) and one week before and one week after.
“Specified anatomical areas” means and includes any of the following:
A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.
“Specified sexual activities” means and includes any of the following:
A. The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
C. Masturbation, actual or simulated; or
D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition.
“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built upon or composed of parts joined together in some definite manner but not including fences or standard roof-mounted antennas.
“Subdivision, long” is the division and redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, as further defined by the municipal or tribal government with jurisdiction.
“Substantial improvement” means:
A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
B. The term can exclude:
1. Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
“Supported living arrangement” means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance.
“Temporary” means having a specific, short-term duration. (See “seasonal.”)
“Temporary sign” means a sign not intended to be permanently installed.
“Temporary use” means a use that is limited in scope, duration, and frequency.
“Theater” means a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances.
“Townhouse” means an attached dwelling unit in a row of at least two and not more than six such units, separated by property lines and by vertical common fire-resistant walls from other dwelling units in the row and having individual outside access and legal frontage on a public street. Each dwelling unit shall be designed for and occupied exclusively by one family and the household employees of that family. A townhouse shall extend from foundation to roof, and no townhouse shall be located over another unit. Common walls between townhouses shall have no doors, windows or other provisions for human passage or visibility. Each townhouse shall be attached to other units in the row by not more than two common walls. The principal access shall be at or near grade. Townhouses shall be considered multi-family dwellings and regulated as such.
“Transmit” means to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination.
“Truck stop” means any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations and restaurant facilities primarily for the use of truck crews.
“Use” means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied, or maintained together with any associated site improvement. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself including any grading, leveling, paving or excavation. “Use” also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof.
Use, Accessory. See “accessory building or use.”
“Use, multifamily” means two or more single-family dwellings; or two or more duplexes, triplexes or multifamily dwellings; or any combination of two or more of the above located on a single lot.
“Use, principal” means the primary or predominant use to which a structure, part of a structure or lot is or may be devoted.
“Variance” is a means to grant relief from the specific bulk, dimensional or performance standards set forth in this title and Chapter 17.46 of this code and not a means to vary the uses allowed under zoning or Chapter 17.46 of this code.
“Variety/department stores” means a retail establishment, greater than ten thousand total square feet, selling a variety of new or used products for household use, including but not limited to any combination of clothing, food, appliances, home furnishings, recreational equipment, automotive supplies, hardware and electronics.
“Vehicle and heavy equipment sales” means the use of any building, land area or other premises for the display and sale of new or used automobiles, motorcycles or other forms of motorized equipment used for personal, industrial or commercial purposes.
Vendor, Itinerant. (See Section 5.06.020.)
Vendor, Mobile. (See Section 5.06.020.)
Vendor, Stationary. (See Section 5.06.020.)
“Vision area, clear” means a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
“Wholesale/warehouse” means a structure used for the storage of goods and materials. Such structures may also function as a retail or wholesale business.
“Yard” means an open space on a lot which is unobstructed from the ground upward except as otherwise provided for in this title.
“Yard, front” means a yard extending across the full width of a lot between the front property line and the main building.
“Yard, rear” means a yard extending from one side property line to the other except as provided in this section, the definition of “yard, side.”
“Yard, side” means a yard extending from the front yard to the rear yard except in the case of a corner building site when the side yard on the flanking street shall extend to the rear property line.
“Zoning district” means a section of the city designated in this title in which requirements of the use of land and building and development standards are prescribed.
“Zoning map” means the map delineating the boundaries of districts which, along with the zoning text of this title, comprise the zoning ordinance of the city. (See Section 17.04.080.) (Ord. 956 § 1, 2023; Ord. 926 § 2 (part), 2020; Ord. 910 § 1, 2019; amended during January 2016 update; Ord. 873 § 1 (Att. A) (part), 2015: Ord. 857 §§ 6, 7, 8, 2014; Ord. 799 § 1, 2007; Ord. 697 § 3, 2000; Ord. 668 § 2, 1998; Ord. 612 § 1 (part), 1995; Ord. 571 § 1, 1993; Ord. 253 Art. 2(A) (part), 1965)