Chapter 18.44 COMMERCIAL ZONING DISTRICTS

The City of Ferndale has established this chapter in order to identify the various commercial zones within the City of Ferndale. Listed within each zone are specific permitted, conditional, and prohibited uses, as well as zone-specific design requirements. Depending on the nature of a proposed activity, additional code sections shall apply. (Ord. 1603, 2010; Ord. 1576 § 1, 2010; Ord. 1573 § 1, 2010; Ord. 1554, 2009)

18.44.010 Purpose of commercial use districts.

A. Downtown Mixed Use Zone (C1/DMU). The downtown mixed use zone is a zone classification intended to provide a location for a high-intensity grouping of retail, service, commercial and high-density residential uses that serve the adjacent neighborhoods, City residents, and businesses in a physical setting that encourages pedestrian activity, while maintaining the traditional downtown core as the identifiable community center. Uses within this zone shall be subject to the downtown architectural and site design standards (Chapter 18.47 FMC) contained in the Ferndale Municipal Code. This zone may be applied to some portions of the City that are designated either commercial or high density residential under the City of Ferndale Comprehensive Plan.

B. Neighborhood Activity Zone (C2/NAZ). The neighborhood activity zone is a zone classification intended to provide certain limited commercial, service, and recreation uses for the convenience of surrounding residential neighborhoods. Uses within this zone shall be designed to reflect the existing character of the surrounding neighborhoods, and will be subject to specific design standards contained in the Ferndale Municipal Code. This zone may be applied to some portions of the City that are designated commercial or residential under the City of Ferndale Comprehensive Plan and are on or near arterial intersections.

C. Mixed Use Commercial District (C3/MXD). The mixed use commercial district is a zone classification intended to provide a wide range of retail business uses and services compatible with the core of the City and limited in scope to reflect the needs of the community. All activities except for off-street loading, parking, and servicing of vehicles shall be conducted within an enclosed building. Outdoor sales of merchandise are permitted on a limited basis; provided, that such sales are incidental to the primary use and are temporary (less than 30 days) in nature. Limited residential use may be allowed when incidental to the primary retail and commercial uses. Developments within the mixed use commercial district shall be subject to the retail design standards (Chapter 18.58 FMC) and Ferndale EAGLE program, where applicable. This zone may be applied to some portions of the City that are designated commercial under the City of Ferndale Comprehensive Plan.

D. Riverfront Mixed Use Zone (C4/RMU). The riverfront mixed use zone is a special commercial, residential, and public zoning district intended to provide uses which emphasize and enhance Ferndale’s riverfront and are consistent with waterfront-oriented development and the City’s shoreline management program. This zone may be applied to some portions of the City that are designated commercial or residential under the City of Ferndale Comprehensive Plan and are within the jurisdiction of the shoreline management program.

E. General Business Zone (C5/GBZ). The general business zone is a zone classification providing a use district for commercial establishments which require a retail contact with the public together with incidental shop work, storage and warehousing, or light manufacturing and extensive outdoor storage and display, and those retail establishments which meet the criteria of the C3 zone (retail business use district). The zone is not intended to include those uses whose primary purpose is residential or industrial in nature. This zone may be applied to some portions of the City that are designated commercial under the City of Ferndale Comprehensive Plan.

F. Gateway Development District (C6/GDD). The gateway development district is a zone that is established in close proximity to freeway interchanges and intended to provide a range of uses necessary to serve the traveling public. Although development within these zones may include certain convenience uses such as fuel stations, restaurants, and lodging, such uses shall be subject to design guidelines created to reflect Ferndale’s character, and to give a positive impression to the traveling public.

G. Regional Retail Zone (C7/RRZ). The regional retail zone is a zone which will provide commercial and recreational uses which are intended to serve a wide geographic area beyond Ferndale’s City limits. Such developments may include concentrated retail establishments with a variety of tenants, or a small number of large tenants. It is the intent of the City to encourage large projects in this zone, and to require that such projects reflect a master plan developed by the applicant and approved by the City. The City may approve mixed use development, including accessory residential development, subject to the planned unit development or binding site plan processes, and contingent upon an approved master plan. (Ord. 1603, 2010; Ord. 1576 § 1, 2010; Ord. 1573 § 1, 2010; Ord. 1554, 2009)

18.44.015 Definitions.

A. Definitions – Introductory. For the purpose of this title, certain terms and words are defined in this chapter. When not inconsistent with the context, words used in the present tense shall include the future; the singular number shall include the plural, and the plural, the singular; the word “shall” is always mandatory and the word “may” denotes a use of discretion in making a decision. The words “used” or “occupied,” unless the context otherwise requires, shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” The word “encouraged” shall not mean mandatory; however, in such cases where the applicant refuses to comply with such suggested outcomes or policies, they shall propose an alternative solution which meets the intent of the policy, in the judgment of the Community Development Director. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.020 Accessory apartment unit.

“Accessory apartment unit” means a unit located within a detached one-family dwelling and is a habitable living unit that provides the basic requirements of shelter, heating, cooking, and sanitation. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.025 Accessory dwelling unit.

“Accessory dwelling unit” means a residential unit located within a nonresidential primary building or lot. Occupancy of accessory dwelling units is reserved for the manager, caretaker, or owner of the main or primary use of the building. Also see “Caretaker or security dwelling unit.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.030 Active adult community.

“Active adult community” means a complex of dwellings, exclusively designed for and occupied by adults, generally aged 55 and older, which may include recreational activities, shared open space, and other similar amenities. Also see “Senior housing” and “Complete life care retirement community” in FMC 18.08.030. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.035 Adult family home.

“Adult family home” means a facility licensed pursuant to Chapter 70.128 RCW, or the regular family dwelling of a person or persons who are providing personal care, special care, and/or 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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.040 Adult business, adult use establishment, and adult entertainment.

“Adult business,” “adult use establishment,” and “adult entertainment” shall be defined as per FMC 5.14.020. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.045 Agriculture.

“Agriculture” means the tilling of the soil, the raising of crops, horticulture, livestock farming, dairying and/or animal husbandry. Agriculture excludes the following activities: hog farm, livestock feed lot, poultry farm, slaughterhouse, fertilizer works, bone yard, plant for the reduction or processing of animal matter, or similar manufacturing, processing, warehousing, storage, and related industrial and commercial activities whether or not dependent upon or closely allied to the agriculture industry. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.050 Alley.

“Alley” means a passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots, but not intended for the general traffic circulation and including vehicular ways satisfying this definition but designated by some other name. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.055 Animal shelter.

“Animal shelter” means a service use maintained and operated primarily for the impounding, holding and/or disposal of lost, stray, unwanted, or injured animals. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.060 Apparel and accessory stores.

“Apparel and accessory stores” means stores primarily engaged in selling new clothing, shoes, jewelry, and related articles for personal wear and adornment and stores that rent clothing such as costumes and formal wear. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.065 Apartment.

“Apartment” means a room or suite of two or more rooms, which is designed for, intended for, or occupied by one family, with facilities for cooking therein. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.070 Antique store.

“Antique store” shall mean a business in an enclosed building which specializes in the sale of used or historic items, including those items which are purchased or sold based on their rarity, uniqueness, condition, utility, or age. This definition shall not include those businesses which specialize in “secondhand” or “used” merchandise. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.075 Arcade, gaming.

“Arcade, gaming” means a commercial establishment containing six or more video, pinball, pool tables or other games, or a business with more than one game per 500 square feet of gross floor area. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.080 Area of special flood hazard (flood hazard areas).

“Area of special flood hazard (flood hazard areas)” means the land in the floodplain subject to one percent or greater chance of flooding in any given year as identified by the most recent Flood Insurance Rate Map (FIRM) or other adopted scientific and engineering report adopted and further defined in FMC 15.24.090. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.085 Art galleries.

“Art galleries” means an establishment or other private or public place intended primarily for art exhibitions where people may view and/or purchase paintings, sculptures, or other works. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.090 Assisted living facility.

“Assisted living facility” means an establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services which do not require state or federal licensing. In addition, these facilities may have a communal dining area, recreation facilities (library, lounge, game room), laundry facilities and open space. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.095 Auto parts sales.

“Auto parts sales” means a commercial establishment primarily engaged in the retail sale of new auto parts, automobile accessories and tools, where no automobile maintenance or repair services are provided. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.100 Automobile repair.

“Automobile repair” means an establishment which provides major automobile repair, minor automobile repair or an automobile repair specialty shop as defined herein.

A. “Major automobile repair” means general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop or other major repair or maintenance, including operations which may require open flame or welding.

B. “Minor automobile repair” means minor repairs, replacement of minor parts to passenger automobiles and trucks not exceeding one and one-half tons capacity, including any auto lubrication services and engine tune-up services but specifically excluding operations specified under “Major automobile repair” and “Automobile repair specialty shop,” and service stations pursuant to FMC 18.72.100.

C. “Automobile repair specialty shop” means a retail and service place of business engaged primarily in light repair and sale of goods and services for automotive vehicles including brakes, muffler and tire shops, and their accessory uses. Major automobile repair is excluded from this definition. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.105 Automobile service station.

“Automobile service station” means a retail place of business for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, and minor motor vehicle repairs. Such use excludes items constituting “Major automobile repair.” See also FMC 18.72.100. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.110 Automobile wrecking.

“Automobile wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. See also “Junkyard.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.115 Bank.

“Bank” means a commercial institution that keeps money in accounts for individuals or organizations, makes loans, exchanges currencies, provides credit to businesses, and offers other financial services. A bank may include one or more drive-up windows, as well as one or more automatic teller machines (ATMs). Also see “Financial institution.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.117 Bar.

“Bar” means a counter at which drinks, primarily alcoholic drinks, are served to customers for consumption on the premises, and/or a drinking establishment with such a bar. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.120 Base flood.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.125 Basement.

“Basement” means any area of a building having its floor sub-grade (below ground level) on all sides. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.130 Bed and breakfast.

“Bed and breakfast” means a single-family dwelling unit occupied by a resident owner/manager within which up to four rental bedrooms are made available for overnight accommodation. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.135 Block front.

“Block front” means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting streets and railroad right-of-way, waterway, or subdivided acreage. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.140 Book, stationery and art supply store.

“Book, stationery and art supply store” means an establishment engaged in the retail sale of books and magazines, stationery, CDs, records and tapes, video and art supplies. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.145 Building.

“Building” means any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to be a separate building. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.150 Building, accessory.

“Building, accessory” means a detached subordinate building, the use of which is necessary and incidental to that of a main building on the same lot, and which does not change or alter the character of the premises. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.155 Building, main.

“Building, main” means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which the same is situated. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.160 Building, hardware and garden supply store.

“Building, hardware and garden supply store” means an establishment engaged in selling lumber and other building materials such as paint, glass, wallpaper, tools, seeds, and fertilizer. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.165 Bus station.

“Bus station” means an establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a public transit system. Also includes transit station. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.170 Bus terminal.

“Bus terminal” means an establishment that sells tickets, provides scheduling information and serves as a point of arrival and departure for an inter-city bus line. Also includes transit terminal. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.175 Bus transfer station.

“Bus transfer station” means land in a centralized location used by a municipal bus service or public transportation system as a point of departure for multiple bus routes and where bus passengers transfer from one bus to another. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.177 Brewery.

“Brewery” means an establishment for the manufacture of malt liquors, such as beer and ale. Breweries may include accessory uses such as offices, restaurants and sampling rooms, and differ from micro breweries by virtue of their scale and their principal purpose as a manufacturing center for these liquors. Also see “Micro brewery,” “Distillery,” and “Micro distillery.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.180 Cafeteria.

“Cafeteria” means an enclosed building or portion thereof used for the preparation, sale, and consumption of food and beverages. Typically, food services offered in a cafeteria are provided as an accessory use to employees or other groups of people and are not generally offered to the general public. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.185 Camper.

“Camper” means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses. A camper is considered a recreational vehicle, as defined herein. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.190 Camping trailer.

“Camping trailer” means a folding structure mounted on wheels and designed for travel, recreational and vacation uses. A camping trailer is considered a recreational vehicle, as defined herein. (See also “Dependent recreational vehicle,” FMC 18.44.310). (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.193 Caretaker or security dwelling unit.

“Caretaker or security dwelling unit” means a unit, often in the form of a manufactured or mobile home, located on a lot containing a nonresidential main or primary use, which is generally industrial or manufacturing in nature. Occupancy of the caretaker or security dwelling unit is reserved for the manager, caretaker, or owner of the main or primary use of the lot. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.195 Car wash.

“Car wash” means a facility designed for the cleaning of automobiles, of which there are two types, which may or may not be combined. When combined, the stricter regulations shall prevail:

A. “Car wash, automatic” means a tunnel-like structure through which cars are pulled or driven and in which high-pressure sprays, brushes and/or vacuums clean, dry, and may wax vehicles.

B. “Car wash, self-service” means a coin actuated, self-service washing system enclosed in a walled bay, open front and rear, of not less than eight feet in height. The pumps, water heaters and like equipment are completely housed. Additional facilities may include drying material dispensers and vacuum cleaners. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.200 Carport.

“Carport” means a covered space for the housing primarily of motor vehicles and enclosed on no more than two sides by walls, screens, cabinets, or other type of enclosures. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.205 Cemetery.

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including (unless otherwise stated) columbariums, crematoriums, mausoleums, and funeral establishments, when operated in conjunction with and within the boundary of such cemetery. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.210 Church.

“Church” means a structure, group of structures, or portion thereof which is utilized for the purpose of conducting religious worship, services or ceremonies. A church may contain facilities such as a sanctuary or chapel, assembly rooms, offices, kitchen, parsonage, or multi-purpose facilities. Graded educational facilities, dwelling units except parsonage, day care facilities and facilities for the training of religious orders shall not be considered incidental to church usage, but may be allowed subject to other provisions of this title. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.215 City officials and agencies.

“City officials and agencies” shall mean, in the case of “City,” the City of Ferndale in Whatcom County, Washington. “City Council” means the City Council of said City; the term “Planning Commission” means the Planning Commission of the City; the term “Hearings Examiner” or “Hearing Examiner” means the Hearings Examiner of the City; the term “Zoning Director,” “Community Development Director,” or “Zoning Administrator” means such person as the Mayor shall designate to administer and enforce this title. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.220 Cinema.

“Cinema” means a motion picture theater. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.225 Clinic.

“Clinic” means a building or portion of a building designed and used for providing medical, dental, psychiatric or chiropractic services for outpatients only. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.230 Club or fraternal societies.

“Club or fraternal societies” means an association of persons (whether or not incorporated) organized for some common nonprofit purpose, but not including a group organized primarily to render a service customarily carried on as a business. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.235 Cocktail lounge.

“Cocktail lounge” means an establishment or room(s) within an establishment in which cocktails are served. A cocktail lounge is considered a drinking establishment, as defined herein. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.240 Coffee/food stand.

“Coffee/food stand” means a business of less than 750 square feet in total floor area (all floors), with a limited menu (often featuring coffee) and little or no interior seating. Coffee/food stands are primarily designed to support drive-up service. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.245 Coffee shop.

“Coffee shop” means a business specializing in the sale of coffee, tea, and/or bakery items which includes indoor seating. Coffee shops shall generally be larger than 750 square feet in total floor area (all floors), and may include drive-up or walk-up service. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.250 Commercial recreation.

“Commercial recreation” means establishments engaged in providing amusement or entertainment for a fee or admission charge. There are two categories of commercial recreation:

A. “Indoor commercial recreation” means uses including but not limited to such activities as bowling alleys, billiard and pool establishments, skating rinks, indoor batting cages and miniature golf.

B. “Outdoor commercial recreation” means uses including but not limited to such activities as outdoor batting cages, arenas, golf courses, putting courses, outdoor miniature golf, amusement parks, riding academies, carnival operations, expositions, and marinas. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.255 Concessionaire.

“Concessionaire,” for the purpose of this title, means and includes any person, firm, or corporation involved in any activity involving the sale of any goods or services, whether conducted for profit or not, on any property located within a public park owned and managed by the City of Ferndale. Any concession activity shall be clearly incidental to and supportive of an established primary permitted use in the underlying zoning district. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.260 Conference center.

“Conference center” means a building or area designated to accommodate large groups of people, usually for social occasions or the exchange of information related to professional or commercial activity. Such a facility typically contains various large assembly halls, conference rooms, and food service facilities. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.265 Contractor’s offices and shops.

“Contractor’s offices and shops” means a combination of uses in a single building or lot that includes the assembly, storage and/or manufacture of products typically used in building construction such as cabinetry, heating/cooling systems, plumbing and mechanical systems together with administrative offices. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.270 Contractor’s yard.

“Contractor’s yard” means the portion of a lot outside of a contractor’s office and shop that is used for the outdoor storage of vehicles, equipment and supplies. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.275 Court.

“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, which is bounded on two or more sides by such building or buildings. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.280 Cultural institution.

“Cultural institution” means establishments such as museums, art galleries, and botanical and zoological gardens of historic, educational or cultural interests which are not operated for profit. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.285 Dance hall.

“Dance hall” means a building, a business within a building, a room within a building, or an area outside of a building, which is primarily dedicated to dancing to live or recorded music. Dance halls may also include the sale of beer, wine, and/or spirits. Dance halls often require an entrance fee and may be large enough to support large numbers of people at one time for regularly scheduled or special events. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.290 Dance studio, art studio, and similar related instructional facility.

“Dance studio, art studio, and similar related instructional facility” means a business which specializes in the instruction of a limited number of groups or individuals in a specific task or skill. These facilities shall generally conduct business by appointment or based on a regular class schedule and shall not include dance halls or similar businesses. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.295 Day care center.

“Day care center” means a facility, other than a family day care home, providing regularly scheduled care for a group of children for periods less than 24 hours. The facility must be licensed and conducted in accordance with all federal, state and local requirements. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.300 Delicatessen.

“Delicatessen” means retail food stores selling ready to eat food products such as cooked meats, prepared salads or seafood, health food or other specialty food items. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.305 Department store.

“Department store” means a large retail store arranged into departments for the sale of a variety of consumer goods. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.310 Dependent recreational vehicle.

“Dependent recreational vehicle” means a recreational vehicle which does not contain water or sewage disposal facilities. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.315 Designated manufactured home.

“Designated manufactured home” means a manufactured home which:

A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 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 3:12 pitch; and

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.320 Destination use.

“Destination use” means a nonretail or dining use or activity which typically draws visitors to the City of Ferndale for entertainment, lodging, sporting, professional, or cultural events. Examples of such uses may include but are not limited to hotels, convention centers, museums, sports complexes, stadiums, and regional parks. The Zoning Administrator shall determine if the size and scale of the proposed development justifies its classification as a destination use. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.325 Development.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, but not including any open wire fences. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.327 Distillery.

“Distillery” means an establishment where alcoholic beverages are made through distillation. Distilleries may also include accessory uses such as office space, sampling rooms, and restaurants or taverns, and differ from micro distilleries by virtue of their scale and their principal purpose as a manufacturing center for these liquors. Also see “Brewery,” “Micro brewery,” and “Micro distillery.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.330 District.

“District” (also “zone”) means a portion of the City within which certain uses of land and buildings are permitted, and certain other uses of land and buildings are prohibited, or within which certain yards and other open spaces are required, or within which certain lot areas are established, or within which certain height limits are required for buildings, or within which a combination of such aforesaid regulations are applied, all as set forth and specified in this title, or any of the districts with which any combining regulations are combined. Also see FMC 18.16.010(A). (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.332 Dormitories, fraternities and sororities.

“Dormitories, fraternities and sororities” means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.334 Drinking establishment.

Superseded by Ord. 1603. (Ord. 1554, 2009)

18.44.336 Drive-thru.

“Drive-thru” (also “drive-through”) means a facility which, by its design, allows people to receive goods and/or services while remaining in their automobiles. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.338 Drug store/pharmacy.

“Drug store/pharmacy” means an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, vitamins, first-aid supplies, and other health related products. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.340 Duplex.

See “Dwelling, two-family detached.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.345 Dwelling, single-family attached.

“Dwelling, single-family attached” means a building designed for or containing one dwelling unit, which is attached on one or both sides with a common wall/zero lot line wall to one or more buildings of the same type. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.350 Dwelling, single-family detached.

“Dwelling, single-family detached” means a detached building designed for or containing one dwelling unit. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.355 Dwelling, two-family detached.

“Dwelling, two-family detached” means a detached building designed for or containing two independent dwelling units (also duplex). (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.360 Dwelling, multiple-family.

“Dwelling, multiple-family” means a building or portion thereof designed for or containing three or more independent dwelling units. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.365 Dwelling unit.

“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. 1603, 2010; Ord. 1554, 2009)

18.44.370 Electronic equipment stores.

“Electronic equipment stores” means establishments engaged in the retail sale of a variety of electronic equipment including computers, televisions, stereos, cameras, mobile phones, and portable storage devices. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.375 Essential public facilities.

“Essential public facilities” means a facility, conveyance or site whose services are provided by a governmental agency, a private or nonprofit organization under contract to or with substantial funding from government agencies, or a private organization subject to public service obligations, which is necessary to adequately provide a public service and which is typically hard to site. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.380 Equipment rental.

“Equipment rental” means the use of a building or land for the purpose of providing tools, implements, or other articles to individuals or businesses on a temporary basis for a specified fee. This use does not include the rental of automobiles or trucks. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.385 Family.

“Family” means one or more persons occupying a premises and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, boardinghouse or rooming house, fraternity or sorority house. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.390 Family day care home.

“Family day care home” means a licensed family day care facility in the licensee’s home providing regularly scheduled care for 12 or fewer children for periods less than 24 hours. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.395 Family day care or day nursery.

“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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.400 Farming of land.

“Farming of land” means the growing of seasonal crops, the tilling of soil, and/or the harvesting of hay. For purposes of this definition, the farming of land is typically an interim or temporary land use and would not typically include agricultural activities that are of a long-term nature, such as the planting of orchards or vineyards or the raising of livestock. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.405 Fence.

“Fence” means an upright structure serving as an enclosure, barrier or boundary usually made of posts, boards, wire, iron, steel, or masonry. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.410 Financial institution.

“Financial institution” means a business or institution engaged in monetary transactions such as banks, lending, savings and loan institutions and credit unions but excluding check cashing businesses and pay day loan businesses. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.415 Flood or flooding – Flood Insurance Rate Map (FIRM), flood insurance study, floodplain.

All are defined as follows and within Chapter 15.24 FMC:

A. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

B. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazards and the risk premium zones applicable within the City.

C. “Flood insurance study” means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.420 Florist.

“Florist” means an establishment engaged in the retail sale of flowers and plants. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.425 Food stores.

“Food stores” means stores primarily engaged in selling food and beverages for home preparation and consumption. It includes grocery stores; mini-market or convenience store uses; meat and fish markets, including freezer provisioners; fruit and vegetable markets; candy, nut and confectionery stores; dairy products stores; retail bakeries; wine and beer shops; liquor stores; and miscellaneous stores specializing in items such as spices, coffee, or health foods. As an accessory use, a food store may also sell prepared foods for on-site or off-site consumption. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.430 Food wagon.

“Food wagon” means a vehicle that is used for retail food sales that is capable of operating from a variety of sites, rather than a fixed location. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.435 Fuel station/mini mart/convenience store.

“Fuel station/mini mart/convenience store” means establishments engaged primarily in the sale of automobile gasoline or other auto fuel to the general public. Such uses may include mini-market or convenience store uses involving the sale of snack and beverage items. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.440 Funeral establishment.

“Funeral establishment” means a place of business devoted exclusively to such activities as are related to the preparation and arrangements for the funeral, transportation, burial, or other disposition of human remains, and including but not limited to: (A) a chapel in which memorial, funeral, or religious services may be conducted; and (B) a preparation room equipped for the preparation and embalming of human remains for burial and transportation. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.445 Furniture, home furnishings, and appliance stores.

“Furniture, home furnishings, and appliance stores” means businesses primarily engaged in the retail sale of goods used for furnishing the home, such as furniture, floor coverings, draperies, lighting fixtures, woodstoves, domestic cook stoves, refrigerators, and other household electrical and gas appliances. This category also includes rental of furniture, appliances, and the like. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.450 General service businesses.

“General service businesses” means establishments which provide services involving the maintenance, repair or improvement of personal and household goods including computer and consumer electronics repair and service, custom framing shops, jewelry repair, locksmiths, shoe repair, tailors, upholstery shops, and similar uses. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.455 Grade plane.

“Grade plane” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.460 Gross floor area.

“Gross floor area” means the sum of all area within a building or structure. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.465 Guest room.

“Guest room” means a room which is intended, arranged, or designed to be occupied or which is occupied by one or more guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.470 Habitable floor.

“Habitable floor” means any floor useable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof, except for a floor used only for storage purposes. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.475 Hazardous waste.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined by RCW 7.105.010. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.480 Hazardous waste treatment.

“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.485 Hazardous waste treatment and storage facilities, off-site.

“Hazardous waste treatment and storage facilities, off-site” means treatment and storage facilities that treat or store waste generated on properties other than those on which the off-site facilities are located. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.490 Hazardous waste treatment and storage facilities, on-site.

“Hazardous waste treatment and storage facilities, on-site” means treatment and storage facilities that treat and store waste generated on the same, geographically contiguous, or bordering property. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.495 Hedge.

“Hedge” means a row of closely planted shrubs, bushes, or low growing trees forming a barrier, enclosure, or boundary. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.500 Height of building.

“Height of building” 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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.505 Hog farm.

“Hog farm” means a lot, structure or building used for the raising or keeping of six or more hogs or swine. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.510 Home occupations.

“Home occupations” means an occupation or business activity conducted with a dwelling unit by a member or members of the family who occupy the dwelling, where the occupation or business activity is clearly incidental and secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.515 Health/fitness center.

“Health/fitness center” means a building, group of buildings or combination of buildings and outdoor uses which together are used for sports, health and recreational uses whether on a membership basis or for the general public. Such facilities include, but are not limited to, gymnasiums, weight-reducing centers, dance studios, tennis, handball or racquetball courts, indoor or outdoor swimming pools and spas, weight training, exercise classes, and running tracks. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.520 Health/fitness facility.

“Health/fitness facility” means health clubs, aerobics centers, athletic clubs and gymnasiums, handball and racquetball clubs, weight-reducing centers, dance studios, and other businesses primarily engaged in indoor health and recreation activities, whether on a membership basis or for the general public. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.525 Health spa.

“Health spa” means a commercial facility providing body treatments, massage, gyms, spas, health and wellness activities and similar services. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.530 Homeless shelter.

“Homeless shelter” means a facility designed to provide overnight accommodations and/or meals to homeless persons. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.535 Hospital.

“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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.540 Hospital or clinic for large animals.

“Hospital or clinic for large animals” means a medical facility or institution providing inpatient and outpatient veterinary service consisting of the prevention, cure, or alleviation of disease and injury to large animals or livestock. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.545 Hospital or clinic for small animals.

“Hospital or clinic for small animals” means a medical facility or institution providing inpatient and outpatient veterinary service consisting of the prevention, cure, or alleviation of disease and injury to dogs, birds, cats and similar small animals. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.550 Hot tub.

“Hot tub” means a nonpermanent structure intended for recreational bathing, in which all controls, water heating, and water circulating equipment are an integral part of the product. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.555 Hotel.

“Hotel” means any building or portion thereof containing six or more guest rooms, which is used, designed, or intended to be used, let, or hired out to be occupied, or which is occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly. Hotels shall be considered in two categories, based on the length of stay available to guests:

A. “Hotels with transient facilities of 15 days or less” means hotels which do not offer guests the opportunity to arrange long-term contracts or payment schedules exceeding 15 days, although individual circumstances may vary.

B. “Hotels with transient facilities exceeding 15 days” means hotels which offer guests the opportunity to arrange long-term contracts or payment schedules of 15 days or more. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.560 House-banked card room.

“House-banked card room” means an establishment licensed by the Washington State Gambling Commission (the “Commission”) to offer “house-banked card games” as described in WAC 230-40-010 and subject to regulation by the Commission under RCW 9.46.070 and Chapter 230-40 WAC. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.565 Junkyard.

“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. 1603, 2010; Ord. 1554, 2009)

18.44.570 Kennel.

“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. 1603, 2010; Ord. 1554, 2009)

18.44.575 Landscaping.

“Landscaping” means any of the following or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, and trees; and nonliving durable material commonly used in landscaping such as, but not limited to, rocks, pebbles, bark, sand, walls, or fences, but excluding paving and artificial plants. See Ferndale Landscape Standards, Chapter 18.74 FMC. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.580 Landscaping material sales.

“Landscaping material sales” means establishments engaged in the retail sale of materials commonly used in landscaping such as trees, shrubs, bark, gravel, patio bricks, concrete blocks, pond liners, and similar materials. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.585 Landscaping standards.

A. “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.

B. “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.

C. “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.

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

E. “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.

F. “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.

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

H. “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.

I. “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.

J. “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. See Ferndale Landscape Standards, Chapter 18.74 FMC. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.590 Large livestock farming.

“Large livestock farming” means the keeping of domesticated animals such as horses, ponies, burros, dairy and beef cattle, sheep, goats, swine, and similar animals which are kept for personal or agricultural use, or raised for sale and profit. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.595 Lattice tower.

“Lattice tower” means a type of mount that is self-supporting with multiple legs and cross-bracing of structural metal. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.600 Laundry, self-service.

“Laundry, self-service” means a business providing home type washing, drying and/or ironing facilities where customers primarily complete the laundering of their own clothes. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.605 Laundry/dry cleaning, retail.

“Laundry/dry cleaning, retail” means a business providing drop off and pick up services of laundry and dry cleaning; activities are completed at an off-site commercial laundry/dry cleaning facility. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.610 Laundry/dry cleaning, neighborhood.

“Laundry/dry cleaning, neighborhood” means a business providing drop off and pick up services of laundry and dry cleaning and where actual laundry/dry cleaning activities are completed on site in a process that primarily uses solvents or chemicals that are not regulated as hazardous by the Environmental Protection Agency (EPA). Such businesses shall operate in facilities that are 2,000 square feet in area or less. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.615 Laundry/dry cleaning, commercial.

“Laundry/dry cleaning, commercial” means a business providing commercial laundry or dry cleaning services. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.620 Livestock feed lot.

“Livestock feed lot” means lot, structure or building, or confined area used intensively for raising or keeping of more than six head of beef cattle or similar livestock for the purpose of feeding, breeding, conditioning, or holding the same for marketing or slaughter in which animal waste may accumulate, but not including barns, pens or similar structures. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.625 Lot.

“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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.630 Lot measurements.

“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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.635 Lot area.

“Lot area” means the total horizontal area included within lot lines. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.640 Lot, corner.

“Lot, corner” means a lot bounded on two or more sides by street lines; provided, that the interior angle of intersection or interception of said street lines does not exceed 135 degrees. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.645 Lot, interior.

“Lot, interior” means a lot other than a corner lot. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.650 Lot line, front.

“Lot line, front” means, in the case of an interior lot, a line separating the lot from the street; in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street; except in those cases in a C-1 district where a lot has two or more street frontages of equal length or nearly equal length, the front lot line shall be considered to be the line adjoining the street which the Comprehensive Plan shows is intended to carry the heaviest traffic flow. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.655 Lot line, rear.

“Lot line, rear” means the lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.660 Lot line, side.

“Lot line, side” means any lot boundary line not a front lot line or a rear lot line. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.665 Lowest floor.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found at FMC 15.24.200(B). (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.670 Lumberyard.

“Lumberyard” means a business that sells building materials and/or lumber in large quantities, and includes a significant portion of its product storage outdoors or in warehouse portions of a building. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.675 Macro facility.

A “macro facility” is an attached commercial wireless communications facility, which consists of antennas equal to or less than 15 feet in height or a parabolic antenna over one meter in height. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.680 Mailing services.

“Mailing services” means a private establishment engaged in the business of renting mailboxes, accepting packages for delivery, selling packaging materials and/or providing bulk mailing services for customers. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.685 Manufactured home.

“Manufactured home” means a single-family residence constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indicating such compliance. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.690 Manufactured home lot, park, and stand.

A. “Manufactured home lot” means a designated portion of a manufactured home park designed for the accommodation of one manufactured home and its accessory structures.

B. “Manufactured home park” means any site, lot, field or tract of land under the ownership or management of one person, partnership, firm or corporation which is divided into manufactured home lots for tenancy or lease, upon which two or more manufactured homes are located and occupied for dwelling purposes.

C. “Manufactured home stand” means that area of a manufactured home lot which has been reserved for the placement of a manufactured home. Also includes manufactured home pad. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.695 Manufacturing, general.

“Manufacturing, general” means a manufacturing use, typically having the potential of creating moderate noise, smoke, dust, vibration or other environmental impacts or pollution, and including but not limited to the following:

A. Production of items made from stone or concrete;

B. Production of items from ferrous or nonferrous metals through use of a machine shop, welding or fabrication; or from nonferrous metals through use of a foundry; or from ferrous metals through use of a foundry heated by electricity (induction melting);

C. Production of finished goods, that typically are not for household or office use, such as barrels, ceramic molds, or cardboard cartons, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, pre-milled wood; or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials;

D. Production of finished goods, for household or nonhousehold use, such as toys, film, pens, or linoleum from plastic, rubber, or celluloid;

E. Production of parts to be assembled into a finished product;

F. Development of film on a wholesale basis;

G. Production of items through biological processes, such as pharmaceuticals and industrial purifiers, manufactured by bioengineering techniques;

H. Production of items such as paint and coatings, dyestuffs, fertilizer, glue, cosmetics, clay, or pharmaceuticals that require the mixing or packaging of chemicals;

I. Food processing for human consumption. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.700 Manufacturing, heavy.

“Manufacturing, heavy” means a manufacturing use, typically having the potential of creating substantial noise, smoke, dust, vibration and other environmental impacts or pollution, and including but not limited to:

A. Processing or refining of raw materials, such as but not limited to minerals, petroleum, rubber, wood or wood pulp, into other products;

B. The milling of grain or refining of sugar, except when accessory to a use defined as food processing for human consumption or as a retail sales and service use;

C. Slaughterhouses, including packing and freezing of meat products;

D. Refining, extruding, rolling, or drawing of ferrous or nonferrous metals, or the use of a noninduction foundry for ferrous metal;

E. Production of large durable goods such as motorcycles, cars, manufactured homes, airplanes, or heavy farm, industrial, or construction machinery;

F. Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating;

G. Production of industrial organic and inorganic chemicals, and soaps and detergents;

H. Conversion of solid waste into useful products or preparation of solid waste for disposal at another location by processing to change its physical form or chemical composition. This includes the off-site treatment or storage of hazardous waste as regulated by the State Department of Ecology; and

I. Storage of organic or inorganic chemicals, including the storage or regional disposal of household wastes and refuse. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.705 Manufacturing, light.

“Manufacturing, light” means a manufacturing use, typically having little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution, and including but not limited to the following:

A. Production, assembly, finishing, and/or packaging of articles from parts made at another location, such as assembly of clocks, electrical appliances, or medical equipment;

B. Production of finished household and office goods, such as jewelry, clothing or cloth, toys, furniture, or tents, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, pre-milled wood; or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials;

C. Canning or bottling of food or beverages for human or animal consumption using a mechanized assembly line;

D. Printing plants with more than 5,000 square feet of gross floor area;

E. Electronic product and component manufacturing including radios, TVs, computers, data systems equipment, optical, photographic, engineering and similar precision instruments and high-tech industries. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.710 Manufacturing use.

“Manufacturing use” means a business establishment in which articles are produced by hand or by machinery, from raw or prepared materials, by giving to those materials new forms, qualities, properties, or combinations, in a process frequently characterized by the repetitive production of items made to the same or similar specifications. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.715 Marinas.

“Marinas” means an establishment providing docking, moorage space and activities relating to the maintenance and minor repair of pleasure boats and yachts. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.720 Marine equipment rentals.

“Marine equipment rentals” means a business engaged in the rental of marine equipment, such as boats or jet skis, to individuals or businesses on a temporary basis for a specified fee. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.725 Marine gas sales.

“Marine gas sales” means a business typically associated with a marina that engages in retail gasoline sales for boats and other marine equipment. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.730 Master plan.

“Master plan” means a detailed site plan for certain distinct areas of the City for which specific plans have been reviewed and approved by the City. A master plan for a distinct area is not to be construed as a substitute for the Comprehensive Plan. Master plans may include, but are not limited to, general binding site plans, planned unit developments, or planned actions, as defined by WAC 197-11-164, 197-11-168, and 197-11-172. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.735 Micro brewery.

“Micro brewery” means a small-scale beer brewing plant located within a restaurant or tavern building in which a portion of the building is used for the production of beer for wholesale distribution and for on-site retail sale to restaurant or tavern patrons. Also see “Brewery,” “Distillery,” and “Micro distillery.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.736 Micro distillery.

“Micro distillery” means a small-scale plant specializing in the manufacture of alcoholic drinks through distillation. Such use shall be located within a restaurant or tavern building in which a portion of the building is used for the production of alcohol for the wholesale distribution and for on-site retail sale to restaurant or tavern patrons. See also “Distillery,” “Brewery,” and “Micro brewery.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.740 Micro facility.

“Micro facility” means an attached commercial wireless communications facility which consists of antennas equal to or less than four feet in height and with an area of not more than 480 square inches in the aggregate (e.g., one-foot-diameter parabola or two-foot by one and one-half foot) as viewed from any one point. The permitted antenna height includes the wireless communications facility support structure. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.745 Mini-warehouse.

“Mini-warehouse” means a structure containing separate storage spaces of varying sizes that are leased or rented on an individual basis and outdoor yards for the storage of goods where storage, retrieval and transport are the responsibilities of the renter or lessee. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.750 Mobile home.

“Mobile home” means a single-family residence transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.755 Monopole.

“Monopole” means a vertical support structure consisting of a single vertical metal, concrete, or wooden pole, typically round or square and driven into the ground or attached to a foundation. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.760 Motel.

“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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.765 Motor home.

“Motor home” means a portable, temporary dwelling to be used for travel, recreational and vacation use constructed as an integral part of a self-propelled vehicle. A motor home is considered a recreational vehicle, as defined herein. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.770 Nursing home or rest home.

“Nursing home” or “rest home” means a home for aged, chronically ill, incurable persons, or persons in need of convalescent care outside of a hospital in which two or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.775 Nursery, plant.

“Nursery, plant” means an enterprise, establishment or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items such as clay pots, potting soil, fertilizers, insecticides, garden implements, etc. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.780 Office – corporate.

“Office – corporate” means an establishment primarily engaged in providing internal office administration services as opposed to customer service in a single building or a campus setting; for example, the headquarters, regional offices and/or the administrative offices for a corporation. Generally, the majority of the traffic generated from corporate offices comes from employees and not the general public. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.785 Office – professional.

“Office – professional” means establishments providing a wide variety of professional services including but not limited to: accountants, engineers, geologists, architects, financial consultants, landscape architects, land planners, surveyors and interior designers who generally conduct research, provide analysis of information, computer simulation, diagramming, mapping and/or drafting in order to create new products or plans. The definition may also include administrative, professional, educational, financial, governmental or customer services to individuals, businesses, institutions and/or governmental agencies in an office setting; for example, branch banks, travel agencies, medical offices, real estate offices, insurance agencies, government offices, customer service offices, data processing services, union or charitable organization offices and wholesaler’s offices. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.790 Office – research and development.

“Office – research and development” means an office/laboratory establishment engaged in the research, analysis, design, development and/or testing of a product. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.795 Office supply store.

“Office supply store” means stores selling office products such as stationery, legal forms, writing implements, computers, copies, office furniture, and similar products. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.800 Outdoor advertising sign.

“Outdoor advertising sign” means any lettered, figure, or pictorial matter or other sign of any kind or character whatsoever, made visible for outdoor advertising purposes anywhere. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.805 Outdoor advertising structure.

“Outdoor advertising structure” means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.810 Outdoor storage.

“Outdoor storage” means the storage of any products, materials, vehicles, equipment, junk, or scrap outside the confines of an enclosed building, and more specifically defined as:

A. “Merchandise display” means display of products and materials, and operable vehicles and equipment for the principal purpose of offering for sale at retail, and incidental to the business existing on the premises;

B. “Equipment and material storage” means storage of any equipment or materials in usable condition which are not being specifically displayed as merchandise or offered for sale at retail; and

C. “Junk and scrap storage” means storage of used products or scrap materials such as wood, cloth, paper, glass, metal, plastic, or rock material, which could be refurbished, recycled, or converted into usable stock or material. With some exceptions, outdoor storage must be screened from public view, pursuant to the landscaping standards of the Ferndale Municipal Code (Chapter 18.74 FMC). (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.812 Park and ride.

“Park and ride” means a facility which provides commuters and others with the ability to park their personal vehicles and connect to public transportation, carpool, or other modes of transportation. (Ord. 1603, 2010)

18.44.815 Parking lot.

“Parking lot” means an open area, other than a street or alley, used for the temporary parking of automobiles and available for public use, whether free or for compensation, or as an accommodation for clients or customers. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.820 Parking space, automobile (off-street).

“Parking space, automobile (off-street)” means space within a public or private parking area, or within a building designed for or used for the temporary parking or storage of one motor vehicle. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.825 Parking structure.

“Parking structure” means a structure used for the parking of vehicles where parking is accommodated on two or more levels. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.830 Pasture.

“Pasture” means a fenced enclosure or confined area used for the grazing of livestock or small animals which contains sufficient vegetation to serve as the principal food source for the livestock confined therein. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.835 Pawn shop.

“Pawn shop” means an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.840 Pen.

“Pen” means a fenced enclosure or small confined area used for the raising or keeping of livestock or small animals, but not including barns, sheds or similar structures, or pasture. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.845 Personal loan business.

“Personal loan business” means an establishment engaged in the business of cashing payroll checks and/or providing small, nonsecured, short-term loans to individuals. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.850 Personal services business.

“Personal services business” means a business primarily engaged in providing services generally involving the maintenance of the human body, or other services to one’s person. Such businesses include, but are not limited to, barber and beauty shops, photographic studios, body piercing, manicuring shops, tanning parlors, body wrapping, tattoo parlors and massage practitioners. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.855 Pet shop and pet supply store.

“Pet shop and pet supply store” means establishments engaged in the retail sale of pets, pet food, supplies and the grooming of pets. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.860 Photo processing, copying and printing services.

“Photo processing, copying and printing services” means retail establishments that provide duplicating services using photocopy, blueprint and offset printing equipment, including collating of booklets and reports. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.865 Pool, private.

“Pool, private” means a swimming pool built accessory to a dwelling unit and used for the enjoyment of the family living therein. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.870 Pool, public.

“Pool, public” means a swimming pool to which the general public has access through the payment of a fee or admission charge. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.875 Pool, semi-public.

“Pool, semi-public” means a swimming pool accessory to a hotel, motel, multiple dwelling or similar use to which the general public does not have usual access, and located for the convenience of the guests or patrons of a hotel, motel or similar use. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.880 Portable food vendor.

“Portable food vendor” means the vending of food and/or beverages from a movable cart-type stand which is located on the same lot as, and in conjunction with, a permitted use. Portable food vending stands cannot be self-propelled, must serve only walk-up customers, and may not be stored outdoors when the portable food vendor is not open for business. Portable food vendors must have a valid business licensed from the City of Ferndale and must also possess valid health certifications. The City of Ferndale may require a concession contract or similar for portable food vendors operating on public lands. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.885 Poultry farm.

“Poultry farm” means a lot, structure or building used intensively for the raising, feeding, breeding, or keeping of chickens, turkeys, or other poultry for marketing or slaughter, or for the production of eggs for sale. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.890 Public agency building.

“Public agency building” means any agency office for the administration of any governmental activity or program. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.895 Public agency facility.

“Public agency facility” means a lot, structure, facility or building which is necessary for the operation of a public utility or in which is performed a public service such as supplying water, wastewater disposal, storm water detention, electrical, transportation or communication service, usually as a monopoly or pursuant to a franchise by a business organization under governmental regulation, or directly by government. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.900 Radio and television studio.

“Radio and television studio” means an establishment engaged in transmitting oral and visual programs, and which consists of a studio, transmitter, and antennas. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.905 Recreational club.

“Recreational club” means an area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community clubhouses, and other similar uses maintained by a nonprofit organization whose membership is limited to the residents within the area in which it is located; provided, that membership shall not be denied to residents of the area based solely on race, creed or color. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.910 Recreational vehicle.

“Recreational vehicle” means a vehicle used for personal pleasure or travel, but shall not be used in connection with a business endeavor. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.915 Recreational vehicle campground.

“Recreational vehicle campground” means a parcel of land in which two or more campsites are designated primarily for temporary occupancy by recreational vehicles for travel, recreational or vacation uses. Such parks shall be construed to include those parks having sites for tent camping as well as for RV campers. Also referred to as “campground” and “park.” See Chapter 18.64 FMC. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.920 Recreational vehicle park.

“Recreational vehicle park” means a parcel of land in which two or more sites are designated primarily for longer occupancy by recreational vehicles for travel, recreational or vacation uses, or, in some cases, long-term stays. Such parks may be construed to include those parks having sites for tent camping as well as for RV campers. Also referred to as “campground” and “park.” See Chapter 18.64 FMC. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.925 Recreational vehicle space.

“Recreational vehicle space” means a space or area within an RV park designated for temporary occupancy by RV or tent campers. Also referred to as “site.” See Chapter 18.64 FMC. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.930 Restaurant.

“Restaurant” means a retail establishment engaged in the preparation and sale of food and beverages, including coffee shops, sandwich shops, ice cream parlors, fast food take-out, espresso stands, and similar uses. The term “restaurant” can be further described by the following types:

A. “Restaurant, drive-through” means a restaurant which has one or more drive-through lanes for ordering and dispensing of food and beverages from a limited menu to patrons remaining in their vehicles, for consumption off the premises. A drive-through restaurant may also have seating facilities, but limited or no table service, and does not generally serve beer, wine or spirits. Also includes fast-food restaurant.

B. “Restaurant, lounge” means a restaurant which includes licensed “on-site” provision of alcoholic beverages for consumption on the premises as an accessory to food service.

C. “Restaurant, sit-down” means a restaurant at which all food and drink is consumed on the premises. Also includes full-service restaurant.

D. “Restaurant, take-out” means a restaurant that offers a take-out service whereby food may be consumed off the premises. A take-out restaurant may also have seating facilities. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.935 Retail establishment.

“Retail establishment” means any new single- or multi-building/tenant development whose principal activity is the sale of new or used merchandise in an enclosed building, including entertainment, dining, related service industries, and associated warehousing or storage, and is processed according to the requirements of this title or the building permit process. Mixed use developments such as those which include professional offices or residential units shall comply with this chapter if more than one quarter of p.m. peak hour trips generated by the development are retail in nature, as determined by the current ITE Trip Generation Manual. (See Chapter 18.58 FMC.) (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.940 Sales, retail.

“Sales, retail” means a sale to the ultimate consumer for direct consumption and not for resale. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.945 Sales, wholesale.

“Sales, wholesale” means a sale for resale, not for direct consumption. For the purpose of land use classifications, a business primarily engaged in wholesale sales with less than 25 percent of the square footage of sales in related retail will be classified as wholesale. Establishments which offer wholesale prices or sales to the public shall generally be considered retail establishments. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.950 Sanitary station or sanitary dumping station.

“Sanitary station” or “sanitary dumping station” means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.955 School.

“School” means public or private graded educational institution facility, structure or building, but not including trade schools. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.960 School, alternative.

“School, alternative” means a school which offers a curriculum which is equivalent to but is a substitute for the curriculum commonly found in more traditional public or private schools. An alternative school may be operated by a public or private school district, or may be independent. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.965 School, commercial.

“School, commercial” means a business establishment where instruction is given, in exchange for payment of a fee. Examples of subjects taught include, but are not limited to, dance, computer skills, music, and martial arts. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.970 School, trade.

“School, trade” means an educational facility, structure or building operated as a business enterprise offering instruction or training in the trades or industrial arts such as welding, brick laying, machinery operation, cooking, printing or similar trades or industrial arts, but not including schools. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.975 Secondhand/consignment store.

“Secondhand/consignment store” means an establishment engaged in the retail sale of used clothing, sports equipment, appliances, and other merchandise. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.980 Senior housing.

“Senior housing” means a complex of dwellings exclusively designed for and occupied by households having at least one person 62 years of age or older. Also see “Complete life care retirement community” in FMC 18.08.030 and “Active adult community.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.985 Sensitive land uses.

“Sensitive land uses” means those land uses which are particularly sensitive to the secondary effects of “adult use businesses.” “Sensitive land uses” includes the following:

A. Churches, or other religious facilities or institutions;

B. Multiple-family and single-family residential zones;

C. Playgrounds, public parks and public trails;

D. Public and private schools, technical schools and training facilities which have 25 percent or more of their students under the age of 18. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.990 Small livestock farming.

“Small livestock farming” means the keeping of four or more domesticated animals such as rabbits, chickens, ducks, turkeys, and similar fowl and animals which are kept for personal or agricultural use, or raised for sale and profit. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.995 Specialty retail store.

“Specialty retail store” means one of a wide variety of stores involved in the retail sale of one or more general categories of specialty goods and merchandise, including but not limited to the following types of specialty stores: sporting goods, bicycles, glassware and chinaware, fishing tackle, music, greeting cards, jewelry, toys, hobby supplies, games, cameras, gifts and souvenirs, sewing supplies, tobacco products, newspapers, magazines, and comic books, religious supplies, guns and gun supplies or other miscellaneous goods. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1000 Specified anatomical areas.

“Specified anatomical areas” and related terms shall be as defined by FMC 5.14.020. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1005 Specified sexual activities.

“Specified sexual activities” and related terms shall be as defined by FMC 5.14.020. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1010 Stable, private.

“Stable, private” means a building in which horses are kept for private use and not for remuneration, hire, or sale. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1015 Stable, public.

“Stable, public” means a building in which horses are kept for remuneration, hire, or sale, including riding academy. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1020 Stock-in-trade.

“Stock-in-trade” means all books, equipment, magazines, periodicals, pictures, posters, printed material, products (including pre-recorded video tapes, discs, or similar material), or other items readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not open to patrons. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1025 Story.

“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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1030 Street.

“Street” means a public thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1035 Structure.

“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. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1040 Substantial damage.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 75 percent of the assessed value of the structure before the damage occurred. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1045 Substantial improvement.

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 75 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. “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.

The term “substantial improvement” does not include any project for improvement to comply with existing state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official which are the minimum necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1046 Tavern.

“Tavern” means an establishment licensed to sell alcoholic drinks to be consumed on the premises. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1047 Telemarketing service.

“Telemarketing service” means a business operation specializing in sales, customer assistance, and a variety of other services by telephone. Also known as call center. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1050 Theater, movie.

“Theater, movie” means an enclosed structure or open air structure used for public assembly for the purpose of showing motion pictures. Also see “Cinema.” (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1052 Theater, family movie.

“Theater, family movie” 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), PG-13 (parental guidance – under 13 must be accompanied by adult) or R (restricted) rating only. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1055 Towing, vehicle impound lots.

“Towing, vehicle impound lots” means a lot used for the temporary storage of vehicles which have been towed by a towing company or for impounded vehicles, but which does not include permanent vehicle storage or dismantling of vehicles. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1060 Trail head.

“Trail head” means the beginning of a trail, or, when split by a right-of-way, the continuation of a trail on the opposite side of the right-of-way. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1062 Transportation center.

“Transportation center” means a use which permits individuals to transfer between modes of transportation in one location. Also see “Bus terminal,” “Bus transfer station,” and “Park and ride.” (Ord. 1603, 2010)

18.44.1065 Travel trailer.

“Travel trailer” means a vehicular, portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation uses. A travel trailer is considered a recreational vehicle, as defined herein. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1070 Truck terminal.

“Truck terminal” means a business providing a location where goods carried by motor transport can be received, transferred from one vehicle to another, and/or shipped, where the primary purpose is not storage but to serve as a point of transfer. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1075 Use – conditional.

“Use – conditional” means any use of a lot, structure or building which by its nature, intensity or potential impact upon an area cannot be considered as a principal or accessory use within a use district, but when subject to special conditions and standards specified in a special use permit may be compatible with other uses in the same or adjacent use districts. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1080 Use – permitted.

“Use – permitted” means a use authorized or allowed alone in a specified use district for the preservation or promotion of which the use district is established and subject to the requirements of the regulations and standards of such use district, and to which all other uses are accessory, special, conditional, or nonconforming. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1085 Use – accessory (secondary).

“Use – accessory (secondary)” means a secondary or minor use of a lot, structure, or building designed or employed in conjunction with, but subordinate or incidental to, and compatible with the principal permitted use for which the use district is established, and subject to the regulations and standards of such use district. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1090 Use, nonconforming.

“Use, nonconforming” means the use of a building or other structure or of a tract of land which does not conform to the use regulations of this title for the district in which it is located, either at the effective date of this title or as a result of subsequent amendments which may be incorporated into this title. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1095 Variance.

“Variance” means a modification of the regulations of this title granted by the Board of Adjustment after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1100 Vehicle leasing and rentals.

“Vehicle leasing and rentals” means the use of any building or land for a business involving the leasing of vehicles. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1105 Vehicle dealership.

“Vehicle dealership” means a business, conducted either within or outside of a building or group of buildings, which specializes in the sale or long-term lease of new or used automobiles, trucks or vans, recreational vehicles such as motor homes or golf carts, boats, farm vehicles, and/or utility vehicles such as riding lawnmowers. Vehicle dealerships may also include as accessory uses facilities for the warranty service and repair of vehicles, as well as professional offices and warehouses. Also includes vehicle sales. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1110 Video rental store.

“Video rental store” means an establishment engaged primarily in the renting or sale of videocassettes, DVDs, and video games. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1115 Warehousing and wholesale trade.

“Warehousing and wholesale trade” means establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1120 Warehousing, storage and distribution.

“Warehousing, storage and distribution” means a building where goods and materials are kept immediately prior to their delivery to retail outlets or their sale to other businesses. This use may include vehicle maintenance or storage as an accessory use. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1125 Wholesale use.

“Wholesale use” means a business that stores large stocks of goods for sale in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1130 Wineries – production.

“Wineries – production” means an establishment engaged in the production of wine for wholesale distribution. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1135 Wineries – tasting room.

“Wineries – tasting room” means an establishment engaged in the retail sales of wines. (Ord. 1603, 2010; Ord. 1554, 2009)

18.44.1140 Commercial use districts – Permitted land uses.

In the following chart in FMC 18.44.1145, land use classifications are listed on the vertical axis. Zoning districts are listed on the horizontal axis.

A. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted, subject to the general requirements and performance standards required in that zoning district, such as limitations on total square footage, height, lot coverage, and design standards.

B. If the symbol “C” appears in the box at the intersection of the column and row, the use is permitted subject to the conditional use permit provisions contained in Chapter 18.12 FMC.

C. If the symbol “A” appears in the box at the intersection of the column and the row, the use is permitted as an accessory use, subject to the general requirements and performance standards required in the zoning district.

D. If a number appears in the box at the intersection of the column and the row, the use is subject to the general conditions and special provisions indicated in the corresponding note.

E. If no symbol appears in the box at the intersection of the column and the row, the use is prohibited in the zoning district.

F. If a use is not listed in the following chart, but is considered a like or similar use to a permitted or conditional use allowed in the zone, it may be considered subject to the conditional use permit provisions contained in Chapter 18.12 FMC.

G. Uses which are considered “destination uses” as defined herein may be eligible for an increase in the allowable square footage of the use, subject to conditional use approval. In determining if approval shall be granted, the Hearings Examiner must determine that the applicant has demonstrated all of the following:

1. That the use requires a larger gross floor area in order to serve a regional market.

2. That the use, by virtue of a larger size, would not create additional undue impacts to surrounding land uses and the character of the community in general which could not otherwise be mitigated.

3. That the use is dependent on the unique characteristics of the proposed site, due to the site’s proximity or access to transportation, proximity to population centers, proximity to other natural or manmade amenities, size and/or topography, or other site-specific elements or, in the case of existing buildings, structure-specific elements. (Ord. 1603, 2010; Ord. 1576 § 1, 2010; Ord. 1573 § 1, 2010; Ord. 1554, 2009)

18.44.1145 Master planning required.

In most commercial zones, the City requires that land proposed for development equal to or in excess of three gross acres, whether in one parcel or a combination of parcels, requires master planning, in the form of a binding site plan, which is administered pursuant to Chapter 17.36 FMC. For properties with a combined area of over five acres, the applicant may choose to propose a planned unit development in lieu of the binding site plan requirements.

This requirement shall be enforced regardless of the size of a specific development permit or structure. This requirement is intended to ensure that development on large properties makes efficient use of space, and, where necessary, is designed to obscure the appearance of large structures. In addition to requirements of the binding site plan and planned unit development chapters, the following guidelines shall apply:

A. Where feasible, when the initial development of a parcel consists of structures or building footprints in excess of 75,000 square feet, the binding site plan shall identify outparcels or other sight-obscuring measures along the perimeter of the subject parcel adjacent to primary roadways and/or residential areas.

B. Where feasible, when the initial development of a parcel or group of parcels consists of an individual structure with a building footprint of less than 75,000 square feet, the master plan shall identify lots or building pads which will support either the development of larger structures or a combination of smaller structures in a shopping center format, or a combination of structures in an open-air downtown format, or a combination of all three.

C. Regardless of the type of construction, the master plan shall reserve no more than 30 percent of the gross area of the subject properties for undeveloped, unplanned space. Wetlands, wetland mitigation, required buffers, stormwater, building footprints (or pads) and parking shall not be used to calculate undeveloped space. The applicant may amend the master plan at a later date to identify potential uses for this unplanned area.

D. Where feasible, the applicant shall seek to establish a master plan in which primary anchor stores do not exceed 70 percent of the total building square footage for the development.

E. The master plan shall provide pedestrian and vehicular connectivity between the development area and adjacent parcels.

F. The proponent shall work with the City to develop a coordinated signage plan for the general binding site plan, as well as general or specific architectural guidelines in order to promote internal compatibility within the development.

G. The requirements of this section shall not be used by the City to prevent the development of specific structures. However, as development progresses, the City reserves the right to identify areas in which development precedes required infrastructure, and to either deny development permits or require that necessary infrastructure is installed concurrent with development.


LAND USE P = Permitted A = Accessory C = Conditional Use	DOWNTOWN MIXED USE C1/DMU	NEIGHBORHOOD ACTIVITY ZONE C2/NAZ	MIXED USE COMMERCIAL DISTRICT C3/MXD	RIVERFRONT MIXED USE C4/RMU	GENERAL BUSINESS DISTRICT C5/GBZ	GATEWAY DEVELOPMENT DISTRICT C6/GDD1	REGIONAL RETAIL ZONE C7/RRZ	CITY CENTER
AGRICULTURAL USES
Raising Crops, Trees, Vineyards
AUTOMOTIVE, MARINE AND HEAVY EQUIPMENT
Automotive Repair – Major					P
Automotive Repair – Minor			P		P		A
Automotive Repair – Specialty Shop			C		P
Automobile Sales					P
Automobile Recycling, Junkyards, Impound Yards or Other Similar Operations Which Include Storage of Vehicles
Automobile Service Station			P		P	P	A
Auto Part Sales			P		P		A	P
Bicycle or Motorcycle Rental or Sales			P2		P
Boat Building					C
Bottling Plants					P
Car Wash – Automatic or Self-Service			P		P
Equipment Rentals			P		P			A
Farm Equipment and Supplies Sales					P
Gas/Fuel Station			P		C	P	A	P
Heavy Equipment Sales and Repair					P
Manufactured Home Sales Lot					P
Marinas
Marine Equipment Rentals					P
Marine Gas Sales					P
Marine Repair					P
Towing, Vehicle Impound Lots					C
Truck Rentals					P
Truck Stop – Diesel Fuel Sales					C	C
Truck Terminal/Truck Stop					C
Vehicle Leasing/Renting					P
Vehicle Sales					P
Warehousing, Wholesale Use					P		A
BUSINESS AND PERSONAL SERVICES
Animal Shelter					P
Automatic Teller Machines			P	P	P	P	P	P
Barber/Beauty Salon			P	P			A	P
Commercial Kennel					P
Contractor’s Offices			P	P	P			P
Funeral Establishments			P		P			P
Crematoriums					C
General Service Businesses			P	P	P			P
Health Spa			P	P			A	P
Hospital/Clinic – Large Animal					C
Hospital/Clinic – Small Animal			C		C		A
Laundry/Dry Cleaning, Commercial					P
Laundry/Dry Cleaning, Neighborhood			P
Laundry/Dry Cleaning, Retail			P				A
Laundry – Self Service			P
Mini-Warehouse/Storage					P
Mailing Service			P	P	P		A	P
Moving and Storage Company					P
Personal Loan Business			P	P		P	A	P
Personal Services Businesses			P	P	P		A	P
Photo Processing, Copying and Printing Services			P				A
Substance Abuse Treatment Facility					C
Telemarketing Services				P	P			P
Video Rental Store			P	P			A	P
Tattoo Parlor			P	C			A	C
FOOD SERVICE
Cafeterias			A	A	P		A	A
Delicatessen			P	P	P	P	A	P
Drinking Establishments			P	P			A	C
Micro Brewery			P	P	P		C	P
Portable Food Vendors3				C			A
Restaurants/Drive-Through			P		A	P	A	P
Restaurants/Lounge			P	P	A	P	A	P
Restaurants/Sit-Down			P	P	A	P	A	P
Restaurants/Take-Out			P	P	A	P	A	P
Restaurants with Entertainment/Dancing Facilities			P	P			A	P
Tavern			P	C			A	C
Wineries – Tasting Room			P	P			A	P
INDUSTRIAL/MANUFACTURING USES
Food Processing					C
Laundry and Cleaning Plants
Laboratory – Research and Development					P
Light Manufacturing Uses					P
Warehousing and Distribution Facilities					C
Wholesale Facilities and Operations					P
Wineries – Production					P
Distillery					P
OFFICE USES
Financial Institutions			P	P	P	P	A	P
Medical, Dental and Other Clinics			P	P	C		A	P
Newspaper Offices and Printing Works					P			P
Office – Consulting Services			P	P	P	A	A	P
Office – Corporate			P