Chapter 18.08 DEFINITIONS

Whenever the words or phrases set forth in this section appear in this title, they shall be given the meaning attributed to them by this chapter. When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural, and the plural, the singular; “shall” is always mandatory and “may” indicates a use of discretion in making a decision; “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 1400 § 2, 2006)

18.08.010 “A” definitions.

“Accessory building” means a subordinate building, the use of which is incidental to the use of the main building on the same lot.

“Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use.

Adult Business. Refer to FMC 5.14.020(A).

Adult Entertainment. Refer to FMC 5.14.020(B).

“Agriculture” means the tilling of the soil, the raising of crops, horticulture, livestock farming, dairying and/or animal husbandry.

“Alley” means a public thoroughfare or way having a width of not more than 20 feet which affords only secondary means of access to abutting properties.

“Apartment” means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence of one family.

“Apartment house” means a multifamily dwelling.

Area, Building. “Building area” means a total ground coverage of a building or structure measured from the outside of its external walls or supporting members or from a point four inches in from the outside edge of a cantilevered roof, and including its fireplaces.

Area, Floor. “Floor area” means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of courts. The floor area of a building or portion thereof, not provided with surrounding exterior walls, shall be the usable area under the horizontal projection of the roof or floor above.

Area, Site. “Site area” means gross floor area or the total horizontal area within the property lines excluding public rights-of-way. (Ord. 1400 § 2, 2006. Formerly 18.08.010 – 18.08.050)

18.08.020 “B” definitions.

“Basement” means that portion of a story partly underground and having at least one-half of its height, or more than five feet below the average contact ground level at the exterior walls of the building. A basement may also constitute a first story if the ceiling is more than six feet above the average contact ground level at the exterior walls of the building.

“Boarder” means a patron of a boardinghouse or roominghouse who is provided meals, with or without lodging, for compensation.

“Boardinghouse” or “roominghouse” means a dwelling in which not more than four roomers and/or boarders are housed and fed.

“Buildable area” means the portion of a lot remaining after required yards have been provided.

“Building” means as follows: A building is a structure located as defined in this section. When separated by division walls without openings, each portion so separated shall be considered a separate building.

“Building height” means the vertical distance from the highest adjoining natural or undisturbed ground surface within a five-foot horizontal distance of the exterior wall of the building to the highest point on the coping of a flat roof or the highest ridge of a pitch or hip roof.

“Build-to zone” means an area of defined width along the frontage of a lot that encompasses a defined minimum percent of the building facade. Both width and percentage are defined by land use zoning.

“Business” or “commerce” means the purchase, sale, offering for sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit. (Ord. 1404 § 3, 2006; Ord. 1400 § 2, 2006. Formerly 18.08.055 – 18.08.085)

18.08.030 “C” definitions.

Canopy Tree. See “Landscaping Standards.”

“Channel” means the geographic area within either the natural or artificial banks of a watercourse or drainage way.

“City” means the City of Ferndale, Washington.

“City Administrator” means the City Administrator of the City of Ferndale as established and approved by the City Council.

“Clinic” means a building designed and used for the medical and surgical diagnosis and treatment of outpatients under the care of doctors and nurses.

“Commercial campground” means as follows: Campgrounds and RV parks as are defined and regulated by Chapter 18.64 FMC.

“Commission” means the Planning Commission of the City.

“Complete life care retirement community” means an area of at least 30 acres devoted to facilities and living units for senior citizens. Such developments would include one-story cottages for independent living, intermediate care facilities, and nursing homes. Other facilities allowed, for use by residents and their guests, would include a restaurant, chapels, auditorium, libraries, exercise salons, beauty salons, barbershops, recreation and hobby halls, indoor swimming pool, a small bank branch, small stores (no larger than 3,000 sq. ft.), gift shops, post office (mailboxes) for residents, administrative offices, examination rooms for physicians, and other similar uses.

“Comprehensive Plan” means the current Comprehensive Plan, as amended, adopted by the Ferndale City Council.

“Conditional use” means a use for which a conditional use permit is required, which use may be granted or denied by the Hearings Examiner subject to appeal to the Whatcom County superior court. Such use permits shall be based upon conditions established in this title and allowed only in those zones where so designated.

“Convalescent center” means a facility operated similarly to a boarding home, the operator of which is licensed by the state to give special care or supervision to his or her charges; and in which nursing, dietary, and other personal services are furnished to convalescents, invalids and aged persons.

“Cooperative or group home” means a building occupied and maintained as a housekeeping unit by eight or more unrelated persons.

“Corps of Engineers” means the United States Department of Engineers.

“Correctional facility” means a publicly operated facility, or privately operated facility under government contract, for the detention of criminally committed persons, and detention for pretrial purposes. A “correctional facility” under this definition includes adult and juvenile detention facilities and work release facilities.

“Council” means the City Council of the City.

“Court” means an unoccupied open space bounded on three or more sides by buildings or lot lines on which walls are permitted.

“Coverage” means the percentage of the area of a lot which is built upon or used for a business or commercial purpose. (Ord. 1400 § 2, 2006. Formerly 18.08.090 – 18.08.150)

18.08.040 “D” definitions.

“Day care” or “day nursery” means any type of group child day care program, including nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, privately conducted kindergartens when not a part of a public or parochial school, and programs covering after-school care for school children, designed to provide care for more than 12 children; provided any such “day nursery” is licensed under federal, state and/or county law as may be required and is conducted in accordance with all federal, state and/or local requirements.

“Detached building” means a building surrounded on all sides by open space.

Diameter Breast Height (DBH). See “Landscaping Standards.”

“Director of Public Works” means the person or persons designated by the City Administrator to perform the functions of a Director of Public Works specified in this title.

Downtown Street Tree. See “Landscaping Standards.”

“Drainway” means any depression below the surrounding land serving to give direction to a regular current of water and having a bed and well defined banks.

“Drive-in restaurant or refreshment stand” means any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.

“Duplex” means a two-family dwelling.

“Dwelling” means a building or portion thereof which complies with all International Residential Code requirements and which is designed exclusively for residential purposes, including single-family, two-family and multifamily dwellings, but shall not include hotels, auto courts, boardinghouses and lodginghouses.

Dwelling, Multifamily. “Multifamily dwelling” means a building or portion thereof designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.

Dwelling, Single-Family. “Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. This definition does not include “mobile home” or “travel trailer.”

Dwelling, Two-Family. “Two-family dwelling” means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units. Such definition also includes the term “duplex.”

“Dwelling unit” means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. (Ord. 1400 § 2, 2006. Formerly 18.08.155 – 18.08.205)

18.08.050 “E” definitions.

“Electrical distribution substation” means an assembly of equipment designed to receive energy from a high voltage distribution supply system, to convert it to a form suitable for local distribution and distribute the energy to feeders through switching equipment designed to protect the service from the effect of faults.

“Essential public facility” means those public facilities that are typically difficult to site, such as airports, correctional facilities, state education facilities, state or regional transportation facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities and group homes.

“Essential use” means that use for the preservation or promotion of which the use zone was created, and to which all other permitted uses are subordinate. (Ord. 1400 § 2, 2006. Formerly 18.08.210 – 18.08.215)

18.08.060 “F” definitions.

“Family” means one person or two or more persons related by blood or marriage and/or no more than seven unrelated persons living together as a single nonprofit housekeeping unit in a dwelling unit.

“Family day care or day nursery” means any type of day care or day nursery program designed to provide care for 12 or fewer children; provided, that any such family day care or day nursery is licensed under federal, state and/or county law as may be required and is conducted in accordance with all federal, state and/or local requirements.

“Flood” means the water of any watercourse or drainway which is above the bank or outside the channel and bank of such watercourse or drainway.

“Flood fringe” means the area adjoining the floodway which has been or may hereafter be covered by floodwater, in a Standard Project Flood as defined for the area by the U.S. Army Corps of Engineers.

“Floodplain” means the area adjoining a stream or river that consists of the floodway and floodway fringe.

“Floodproofing” means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a floodplain.

“Floodway” means the channel of a watercourse or drainway and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwaters of any watercourse or drawing.

“Floor area ratio” means the gross floor area, including indoor parking, within a building divided by the net area of the site, expressed in decimals of two places.

“Fraternity, sorority or dormitory” means a building containing sleeping rooms for permanent or temporary occupancy with a central kitchen for occupants’ use only. (Ord. 1404 § 3, 2006; Ord. 1400 § 2, 2006. Formerly 18.08.220 – 18.08.250)

18.08.070 “G” definitions.

Garage, Parking. “Parking garage” means an enclosed building having no public shop or service in connection therewith for the storage of noncommercial vehicles.

Garage, Private. “Private garage” means a sheltered or enclosed accessory space used for the storage of the motor vehicles or boats of the residents of the premises. The term “garage” shall include carport.

“Grocery store” means a food market with less than 3,000 square feet sales area.

Ground Cover. See “Landscaping Standards.” (Ord. 1400 § 2, 2006. Formerly 18.08.255 – 18.08.265)

18.08.080 “H” definitions.

“Hearings Examiner” means the Hearings Examiner as established by the City of Ferndale pursuant to FMC 14.05.030.

“Height setback” means an area of defined width along the frontage of a lot wherein the building height is limited to a greater degree than it is within the interior portions of the lot. The width of the height setback and the maximum height are defined by land use zoning.

“Home occupation” means an occupation conducted in a dwelling unit where the same is specified as a permitted use and meets the permit requirements of FMC 18.12.140.

“Hospital” means a building designed and used for medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses, but not including rest homes, nursing homes, mental institutions, convalescent homes and clinics.

“Hotel” means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes, sometimes having a central kitchen and dining room and accessory shops and services and sometimes catering food to the general public. (Ord. 1404 § 3, 2006; Ord. 1400 § 2, 2006. Formerly 18.08.268 – 18.08.280)

18.08.090 “I” definitions.

Intermediate Care Facility. (Part of a “complete life care retirement community.”) “Intermediate care facility” means a one- or two-story building where residents who have difficulty living independently in a cottage will have help available for dressing, undressing, bathing, administration of medications, and other such support, but will still live mostly independently in their own unit. (Ord. 1400 § 2, 2006. Formerly 18.08.281)

18.08.100 “J” definitions.

“Junkyard” means a lot, land or structure, or part thereof, used for the collecting, storage and sale of waste papers, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery, or vehicles not in running condition. This definition includes an auto wreckage yard or storage yard for wrecked automobiles. (Ord. 1400 § 2, 2006. Formerly 18.08.285)

18.08.110 “K” definitions.

“Kennel” means a collection of more than three dogs kept upon a lot for any purpose, except that one litter of pups shall not constitute dogs within this definition until they reach three months of age. (Ord. 1400 § 2, 2006. Formerly 18.08.290)

18.08.120 “L” definitions.

Landscaping Standards.

1. “Canopy tree” means a deciduous tree hardy in the local climate whose mature size (height and spread) is appropriate for the planting location. Trees shall have a minimum two-inch diameter at 4.5 feet above grade (DBH) upon planting. The following trees are specifically prohibited along public and private rights-of-way: box elder, silver maple, weeping willow, fir, cedar, hemlock, spruce, pine, poplar, and any fruit, nut or large seedpod bearing species.

2. “Diameter breast height (DBH)” means the diameter of a tree at 4.5 feet above grade. For naturally occurring trees, the measurement shall be taken 4.5 feet from the existing grade on the uphill side of the tree.

3. “Downtown street tree” means trees planted in, or adjacent to, the right-of-way in the CB pedestrian-oriented zone. Downtown street trees are limited to the following species in areas with overhead utility lines; Japanese hornbeam, American hornbeam, and golden ash; and the following species in areas without overhead utility lines; Karpick red maple, Chanticleer flowering pear, and autumn purple ash. Trees shall have a minimum two-inch diameter at 4.5 feet above grade (DBH) upon planting.

4. “Groundcover” means a low-growing, evergreen, perennial plant with a dense spreading growth habit.

5. “Mulch” means an organic or inorganic soil covering composed of numerous loose pieces placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds. Straw, shredded paper, sawdust and other rapidly decaying materials are not included in this definition.

6. “Outdoor merchandise displays” means the display of items for sale outside of a fully covered and walled building that occurs for more than 30 consecutive days and is visible from the public right-of-way.

7. “Plant merchandise displays” means outdoor merchandise displays where at least 80 percent of the merchandise is living plant materials as measured by square footage.

8. “Shrub” means a perennial woody plant characterized by several branching trunks supporting one main canopy of leaves, scales or needles that achieves a mature height of less than 15 feet.

9. “Tree” means a perennial woody plant characterized by one or more main trunks supporting one main canopy of leaves, scales or needles that achieves a mature height of 15 feet or more.

10. “Zoning interface” means a boundary between two separate land use zones where the boundary lies along an interior property line, but not a public right-of-way or a private right-of-way developed to public standards.

“Loading space” means an off-street space or berth on the same lot with a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon the street, alley or other appropriate means of access.

“Local park” means a natural or landscaped area which provides passive informal recreation for people of all ages.

“Lot” means a fractional part of subdivided lands or a tract or a parcel having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements specified in this title for width and area, unless it is a nonconforming lot. A lot may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or a tract or parcel of land described by metes and bounds. The boundaries of a lot may not be changed nor any new lot created except in compliance with the City’s subdivision requirements.

“Lot frontage” means as follows: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, except as otherwise noted in FMC 18.72.040 (General and Special Regulations, All Zones – Special Setback Requirements). The owner should ordinarily be accorded the privilege of choosing which nonfrontage areas shall be rear and side yards respectively.

“Lot measurements” means as follows: The depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that lots fronting on cul-de-sac roadways shall be measured at front building line, but in no case shall be less than 40 feet wide at the edge of the right-of-way.

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county auditor, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot Types. Lots are of the following types:

1. “Corner lot” means a lot located at the intersection of two or more streets or a lot abutting on a curved street or streets if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

2. “Interior lot” means a lot other than a corner lot with only one frontage on a street.

3. “Reversed frontage lot” means a lot on which the frontage is at right angles or approximate right angles (interior angles less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.

4. “Through lot” means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. (Ord. 1400 § 2, 2006. Formerly 18.08.293 – 18.08.325)

18.08.130 “M” definitions.

“Mental health facilities” means a facility primarily used to provide, through public and private agencies, emergency evaluation and treatment, residential care, and/or inpatient care to persons suffering from a mental disorder. Such facilities are state operated, certified or licensed.

“Mobile home park” means a lot or area of land in the same ownership which is occupied or designed for the occupancy of two or more mobile homes.

“Mobile home stand” means that portion of a lot actually occupied by a mobile home.

“Mobile/manufactured home, designated” means a single-family dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

1. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

2. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof with not less than a 3:12 pitch; and

3. Has exterior siding similar in appearance, as determined by the Building Official, to siding materials commonly used on conventional site-built single-family dwellings built under the Uniform or International Building Code.

4. Mobile/manufactured homes to be placed on fee simple lots, not part of a mobile home park, shall comply with the provisions of FMC 18.72.120.

“Modular home” means factory-built housing designed primarily for residential occupancy by human beings which does not contain a permanent frame and must be mounted on a permanent foundation, approved by the Zoning Administrator.

“Motel” means a building or group of buildings on the same lot containing dwelling units consisting of individual sleeping quarters detached or in connected rows or stories, with or without cooking facilities for rental by transients.

Mulch. See “Landscaping Standards.”

“Multifamily dwelling” means a building or portion of a building arranged or designed to be occupied by three or more families living independently of each other and containing three or more dwelling units. This term shall be synonymous with “apartment house.”

“Municipal use” means those facilities necessary to the operation of the City government or to the provision of City services. Municipal uses are permitted in all zones. (Ord. 1400 § 2, 2006. Formerly 18.08.327 – 18.08.358)

18.08.140 “N” definitions.

“Neighborhood playground” means an outdoor recreation area which provides recreation oriented to children of elementary school age, usually within safe and convenient walking distance for younger children of the neighborhood. Facilities typical in a neighborhood playground include paved areas for court games and field game areas.

“Nonconforming building” means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the zone in which it is located or to the requirements of the International Building Code, which constitutes the building code of the City.

“Nonconforming land use” means the use of land which does not conform to the regulations of the district in which the use exists.

“Nonconforming lot” means a lot which does not meet area or dimensional requirements of this title.

“Non-sight-obscuring” means 50 percent or less solid surface and/or designed in such a way as to not block line of sight when viewed from a perpendicular angle. Examples include most types of decorative steel fence, wide spaced lattice, chain link, and wide spaced picket fences. Percent open space shall be calculated on a section-by-section, post-to-post basis.

“Nursery school” means an establishment for preschool children for educational experience but not for supplemental parental care. (Ord. 1400 § 2, 2006. Formerly 18.08.360 – 18.08.380)

18.08.150 “O” definitions.

“Obstruction” means any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill or other analogous structure or matter in, along, across or projecting into any floodway which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water could carry some downstream to the damage or detriment of either life or property.

“Open space” means that part of a lot which is unobstructed from the ground upward.

Outdoor Merchandise Displays. See “Landscaping Standards.” (Ord. 1400 § 2, 2006. Formerly 18.08.385 – 18.08.390)

18.08.160 “P” definitions.

“Parking space” means an off-street space, normally nine feet by 19 feet, used temporarily to park a motor vehicle and having access to a public street or alley. This is not to be construed to include area for required circulation.

“Pedestrian visibility setback” means a ground floor, street level building setback at building corners in specific zones as defined by code. The visibility setback shall be an area with a five-foot radius whose point of beginning is defined as the vertex of intersecting frontage lines.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified zone and subject to the limitations of the regulations of such zone.

“Person” shall include a person, association, firm, copartnership or corporation.

Plant Merchandise Displays. See “Landscaping Standards.”

“Primary use” means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed.

“Principal building or use” means that structure or use permitted outright or allowed as a matter of right within certain zones without public hearing, special permit or variance; provided, that such use is in accordance with requirements of the particular zone and general conditions stated elsewhere in this title.

“Public nuisance” means any violation of this title.

“Public use” means those facilities necessary to the operation of a government other than the City of Ferndale or for the provision of such governmental services, excluding solid or hazardous waste sites. (Ord. 1404 § 3, 2006; Ord. 1400 § 2, 2006. Formerly 18.08.395 – 18.08.425)

18.08.170 “Q” definitions.

Reserved.

18.08.180 “R” definitions.

Recreation Area or Community Clubhouse, Noncommercial. “Noncommercial recreation area or community clubhouse” means an area devoted to facilities and equipment for recreational purposes typically including swimming pools, tennis courts, community clubhouses and other similar uses maintained and operated by a nonprofit club or organization whose membership is limited to residents within the area.

“Risk potential facility or activity” means a community facility or location where, by design or practice, people accumulate on a regular basis as defined by RCW 71.09.020(7). Risk potential facilities include, but are not limited to, community centers, licensed day care operations, licensed preschool facilities, public libraries, public park and recreation facilities, religious facilities, public and private schools, school bus stops, playgrounds, sports fields, youth camps, and publicly dedicated trails. (Ord. 1400 § 2, 2006. Formerly 18.08.430 – 18.08.432)

18.08.190 “S” definitions.

“Screening” means a continuous fence supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof, that would effectively screen the property which it encloses, is at least four feet high and is broken only for access drives and walks, and is not more than seven feet high. Trees and shrubs may exceed the seven-foot limit.

“Secondary, incidental or accessory use” means a minor or second use for which a lot, structure or building is designed or employed in conjunction with but subordinate to its principal use.

“Secure community transition facility (SCTF)” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative. An SCTF has supervision and security, and either provides or ensures the provision of sex offender treatment services.

“Service station” means buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail.

“Setback” means, unless otherwise specified in this title, the distance between any building area, plus the area of all but the outermost 24 inches of any part of a building or structure extending beyond its building area, and the nearest lot line measured at all points. This distance shall be adequate to satisfy front, side and rear yard requirements in addition to setback requirements of this title.

“Shopping center” means a concentration of retail and service establishments, usually under single ownership and/or management, and which characteristically draws from a wide service area so that a majority of the customers reach the center by private vehicle. Parking areas are ordinarily shared by all the stores in the center.

Shrub. See “Landscaping Standards.”

“Sight-obscuring” means more than 50 percent solid surface and/or designed in such a way as to block line of sight when viewed from a perpendicular angle. Examples include any masonry wall (brick, block, stucco), solid wood fencing, picket fences where the pickets are placed as close (or closer) than the individual pickets are wide, and many styles of commonly available lattice. Percent open space shall be calculated on a section-by-section, post-to-post basis.

“Sign” means any structure or natural object, such as a tree, rock and the ground itself, or part thereof, or device attached thereto or painted thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used for the purpose of announcement, direction or advertising. For the purpose of this definition, the word “sign” does not include any flag, badge or insignia of any civic, charitable, philanthropic, educational or similar organization.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area equal to at least 50 percent of the usable floor area of the floor immediately below. The top floor area under a sloping roof with less floor area is a half story. The first story shall be considered the lowest story of which the ceiling is more than six feet above the average contact ground level at the exterior walls of the building.

“Street” means a public thoroughfare which affords the principal means of access to abutting properties.

“Street classification” means a street rating system that designates streets as primarily commercial or mixed-commercial residential for the purposes of zoning and land use. The street classification system does not affect street designations for the purposes of interpretation of development standards or in regard to Comprehensive Plan transportation element traffic volume and traffic handling assumptions.

“Structural alteration” means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in the roof or exterior lines if such changes result in any enlargement of the building, or changes or rearrangement of other structural parts or exit facilities, or moving said structural parts or building to another location. Additionally, the installation or rearrangement of partitions in business, commercial or similar uses affecting more than one-third of a single floor area shall be considered a structural alteration.

“Structure” means a combination of materials constructed or erected which has permanent location on the ground or is attached to something having permanent location on the ground, not to include paving or surfacing of areas, fences not more than seven feet high, walls not more than six feet high that are used as fences, or screening that is not more than six feet high.

“Substance abuse treatment facility (SATF)” means a facility meeting applicable state and federal standards that provides support services including, but not limited to, counseling, rehabilitation and medical supervision. An SATF may function as a residence, day-treatment facility, or a combination thereof. An SATF may be staffed by resident or nonresident staff.

“Supermarket” means a retail store in which food products are the primary merchandise sold, and for the purposes of definition in this title are of 3,000 square feet or more in sales area. (Ord. 1404 § 3, 2006; Ord. 1400 § 2, 2006. Formerly 18.08.435 – 18.08.485)

18.08.200 “T” definitions.

“Theater” means an enclosed structure or open air structure used for public assembly for the purpose of showing motion pictures.

Theater, Family. “Family theater” means an enclosed structure or open air structure used for public assembly for the purpose of showing motion pictures with a G (General), PG (General – Parental guidance), or R (Restricted) rating only.

“Tract” means a lot, usually several acres in area.

“Travel trailer” means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes having a body length not exceeding 32 feet and body width not exceeding eight feet.

Tree. See “Landscaping Standards.”

“Truck stop” means a service station primarily established and designed to provide petroleum products and similar service to large trucks. (Ord. 1400 § 2, 2006. Formerly 18.08.490 – 18.08.510)

18.08.210 “U” definitions.

Usable Floor Area, Nonresidential. “Nonresidential usable floor area” means as follows: The measurement of usable floor area for nonresidential uses shall be to the exterior face of exterior walls on the first story and any other story connected by a fixed stairway or elevator, which may be made fit for human habitation; the measurement shall include the floor area of all accessory buildings measured similarly but exclude the floor area required for heating and other mechanical equipment, unenclosed porches, light shafts, public corridors and public toilets.

Usable Floor Area, Residential. “Residential usable floor area” means as follows: The measurement of usable floor area for residential uses shall be the sum of the area of the first story measured to the exterior face of exterior walls plus, similarly measured, the area having more than seven feet, six inches of headroom, of any upper story that is connected by a fixed stairway which may be made usable for human habitation; but excluding the floor area of basements, garages, accessory buildings, attics, breezeways and unenclosed porches. (Ord. 1400 § 2, 2006. Formerly 18.08.515 – 18.08.520)

18.08.220 “V” definitions.

“Variance” means a relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as grant of special privileges to the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. Establishment or creation of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of prohibited uses in the zoning district or uses in an adjoining district. (Ord. 1400 § 2, 2006. Formerly 18.08.525)

18.08.230 “W” definitions.

“Watercourse” means any depression below the surrounding land serving to give direction to a current of water and having a bed and well-defined banks.

“Waterfront park” means an area with frontage on water, sound, lake, river or stream designed primarily to accommodate swimming, boating, fishing, washing and other waterfront activities. The primary attraction and desirability of the area for recreational purposes is due to the presence of water. (Ord. 1400 § 2, 2006. Formerly 18.08.530 – 18.08.535)

18.08.240 “X” definitions.

Reserved.

18.08.250 “Y” definitions.

“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. When the lot definitions and yards requirements are insufficient to describe a particular lot situation, the Zoning Administrator’s interpretation of lot frontage and setbacks shall apply.

Yard, Front. “Front yard” means an open space extending across the full width of the lot, the required depth of which shall be measured horizontally and at right angles from the lot frontage line to a line parallel thereof on the lot.

Yard, Rear. “Rear yard” means an open space extending across the full width of the lot between the principal building and the line opposite the lot frontage line. The depth of the rear yard shall be measured horizontally at right angles from the nearest point of the rear lot line towards the nearest part of the principal building.

Yard, Side. “Side yard” means an open space between the principal building and side lot line extending from the front yard to the rear yard. The width of the side yard shall be measured horizontally and at right angles from the nearest point of a side lot line towards the nearest part of the principal building. (Ord. 1400 § 2, 2006. Formerly 18.08.540 – 18.08.555)

18.08.260 “Z” definitions.

“Zoning Administrator” means the Planning and Building Director or designee, also referred to in this title as Administrator or Administrative Official.

Zoning Interface. See “Landscaping Standards.” (Ord. 1400 § 2, 2006. Formerly 18.08.560)