Chapter 20.97
DEFINITIONS

Sections:

20.97.001    Generally.

20.97.003    Accessory apartment.

20.97.005    Accessory use.

20.97.007    Active nest.

20.97.007.1    Activity centers.

20.97.008    Adult business.

20.97.009    Adult family home.

20.97.010    Agriculture.

20.97.010.1    Agricultural processing.

20.97.011    Aircraft landing area.

20.97.012    Airport.

20.97.012.1    Alley.

20.97.013    Animal enclosure.

20.97.014    Animal husbandry.

20.97.015    Animal unit.

20.97.017    Aquaculture.

20.97.018    Archaeology.

20.97.019    Archaeological object.

20.97.019.1    Archaeological resource/site.

20.97.019.2    Athletic field.

20.97.020    Average grade level.

20.97.025    Barn.

20.97.027    Bed and breakfast establishment.

20.97.028    Bed and breakfast inn.

20.97.029    Best management practice (BMP).

20.97.030    Billboard.

20.97.032    Boarding home.

20.97.035    Building.

20.97.040    Building height.

20.97.045    Building line.

20.97.050    Campground.

20.97.052    Cemetery.

20.97.052.1    Child care facilities.

20.97.053    Clearing.

20.97.054    Clearing activity.

20.97.054.1    Closed record appeal.

20.97.055    Cluster housing.

20.97.056    Cluster subdivision.

20.97.060    Cluster tract, exempt.

20.97.065    Reserved.

20.97.070    Community center.

20.97.075    Conditional use.

20.97.080    Confinement feeding operation.

20.97.083    Consistency.

20.97.084    Convenience retail shop.

20.97.085    Conversion.

20.97.086    Conversion option harvest plan (COHP).

20.97.087    Cooking facility.

20.97.088    Correction facility.

20.97.089    Cottage industry.

20.97.090    County council.

20.97.091    Crisis care facilities.

20.97.091.1    Current Stormwater Manual.

20.97.092    Day care center.

20.97.093    DBH.

20.97.094    Demonstrative BMPs.

20.97.095    Department.

20.97.097    Detached accessory dwelling unit.

20.97.098    Developed land.

20.97.099    Development.

20.97.099.1    Development runoff.

20.97.099.2    Development stormwater.

20.97.099.3    Development stormwater runoff.

20.97.100    Distribution pipeline.

20.97.101    Dock.

20.97.103    Drainage ditch.

20.97.104    Duplex.

20.97.105    Dwelling unit.

20.97.111    Electric vehicle battery exchange facility.

20.97.113    Electric vehicle charging station.

20.97.115    Electric vehicle rapid charging station.

20.97.118    Engineered design.

20.97.121    Essential airport operations.

20.97.121.05    Existing tree canopy area.

20.97.121.1    Existing uses.

20.97.122    Extraction, commercial.

20.97.123    Extraction, noncommercial.

20.97.124    Fabrication.

20.97.125    Family.

20.97.126    Family day care home.

20.97.130    Family dwelling.

20.97.132    Farmstead parcel.

20.97.133    Farmstead home site.

20.97.134    Farm enhancement.

20.97.135    Feedlot.

20.97.140    Floor area of a nonresidential building.

20.97.145    Floor area.

20.97.150    Floor area ratio (FAR).

20.97.153    Footprint.

20.97.155    Forest industries.

20.97.157    Forest land.

20.97.158    Forest practice.

20.97.160    Forest products.

20.97.160.1    Forested area.

20.97.160.2    Front building facade.

20.97.160.3    Front-loaded garages.

20.97.160.4    Front porch.

20.97.160.5    Garage.

20.97.161    Gathering pipeline.

20.97.162    Grade plane.

20.97.165    Grocery store.

20.97.170    Gross density.

20.97.171    Habitable space or habitable room.

20.97.171.1    Hard surface.

20.97.171.2    Hazard tree.

20.97.172    Hazardous waste.

20.97.173    Hazardous waste treatment and storage facilities.

20.97.175    Hearing examiner.

20.97.177    High traffic generator.

20.97.180    Home occupation.

20.97.185    Hotel.

20.97.186    Illegal spot zoning.

20.97.187    Impervious surface.

20.97.188    Industrial park.

20.97.190    Institutional uses.

20.97.190.1    Interflow.

20.97.191    Kennel.

20.97.193    Knoll.

20.97.194    LAMIRD.

20.97.194.1    Land disturbing activity.

20.97.195    Launch ramp.

20.97.200    Lewd matter or lewd.

20.97.205    Loading space, off-street.

20.97.215    Lot clustering.

20.97.216    Lot, corner.

20.97.217    Lot coverage.

20.97.218    Lot, through.

20.97.220    Lot of record.

20.97.220.1    Low impact development (LID).

20.97.220.2    LID best management practices (BMPs).

20.97.221    Low-income housing.

20.97.223    Manufacturing.

20.97.224    Mariculture.

20.97.225    Marijuana, marihuana or cannabis.

20.97.226    Marijuana processing facility.

20.97.227    Marijuana production facility.

20.97.228    Marijuana retail facility.

20.97.229    Marina.

20.97.230    May.

20.97.232    Mental health facilities.

20.97.235    Meteorological tower (MET tower).

20.97.240    Minimum lot size.

20.97.241    Mini-day care center.

20.97.242    Mini-day care home.

20.97.250    Mobile home.

20.97.255    Mobile home park.

20.97.260    Motel.

20.97.263    Multifamily development.

20.97.264    Multifamily dwelling.

20.97.266    Multi-use camping areas.

20.97.267    Native vegetation.

20.97.268    Natural runoff.

20.97.268.1    Natural stormwater.

20.97.268.2    Natural stormwater runoff.

20.97.269    –

20.97.269.4    Repealed.

20.97.270    Nonconforming use.

20.97.271    Nonconversion.

20.97.272    Nonindustrial buildings.

20.97.273    Nonresort-oriented hotel or motel.

20.97.274    Open record appeal hearing.

20.97.274.1    Open record hearing.

20.97.275    Open space.

20.97.280    Ordinary high water mark (OHWM).

20.97.282    Outdoor recreation facilities.

20.97.282.1    Packinghouse.

20.97.283    Parent parcel.

20.97.285    Park.

20.97.290    Parking space, off-street.

20.97.292    Park model trailer.

20.97.293    Party of record.

20.97.293.1    Passenger intermodal terminal.

20.97.294    Permanent employee.

20.97.295    Permanent foundation.

20.97.297    Permeable pavement.

20.97.300    Permitted use.

20.97.302    Personal wireless communications service.

20.97.303    Phosphorus-mitigated.

20.97.304    Phosphorus neutral.

20.97.304.1    Phosphorus-unmitigated.

20.97.305    Planned unit development (PUD).

20.97.307    Poultry.

20.97.310    Presumptive BMPs.

20.97.315    Private club.

20.97.316    Professional archaeologist.

20.97.318    Professional office.

20.97.320    Prohibited use.

20.97.321    Project permit – Project permit application.

20.97.323    Public comment period.

20.97.323.1    Public community facility.

20.97.324    Public market.

20.97.324.1    Public meeting.

20.97.325    Public and private parks, playgrounds, campgrounds and golf grounds.

20.97.327    Public recreation.

20.97.329    Public sewer system.

20.97.329.1    Public utility.

20.97.330    Public water.

20.97.335    Recreational vehicle.

20.97.337    Recreational subdivision.

20.97.340    Recreational vehicle park.

20.97.340.1    Rendering.

20.97.340.2    Rendering plant.

20.97.341    Replaced hard surface.

20.97.342    Replaced impervious surface.

20.97.343    Repealed.

20.97.344    Reserve area.

20.97.345    Reserve tract.

20.97.346    Residential unit.

20.97.347    Resident.

20.97.348    Resort-oriented hotel or motel.

20.97.349    Restaurant.

20.97.350    Reclamation.

20.97.350.1    Retail.

20.97.351    Ridge.

20.97.352    Road.

20.97.353    Road classification.

20.97.355    Rooming house.

20.97.355.1    Runoff.

20.97.356    Rural business designation (Type III LAMIRD).

20.97.356.1    Rural community.

20.97.357    Rural zoning districts.

20.97.360    Seat.

20.97.361    Secure community transition facility.

20.97.362    Setback line.

20.97.365    Shall.

20.97.368    Shooting ranges.

20.97.369    Should.

20.97.370    “SIC” group and industry numbers.

20.97.375    Sign.

20.97.380    Sign, freestanding.

20.97.382    Sign, internally illuminated.

20.97.384    Sign, off-premises advertising.

20.97.385    Sign, off-premises.

20.97.390    Sign, on-premises.

20.97.395    Sign, private directional.

20.97.396    Sign, public agency directional.

20.97.400    Sign, projecting.

20.97.405    Sign, roof.

20.97.410    Sign, surface area.

20.97.415    Sign, wall.

20.97.418    Significant.

20.97.419    Significant tree.

20.97.420    Significant water body.

20.97.421    Single-family attached dwelling.

20.97.422    Single-family dwelling.

20.97.423    Site area.

20.97.423.1    Slaughterhouse.

20.97.424    Slaughtering.

20.97.425    Sleeping unit.

20.97.426    Small wind energy system (SWES).

20.97.428    Solar access.

20.97.429    Solid waste handling facilities.

20.97.429.1    State education facilities.

20.97.430    STEP.

20.97.430.1    Stormwater.

20.97.430.2    Repealed.

20.97.431    Stream.

20.97.432    Structure.

20.97.433    Substance abuse facilities.

20.97.434    Surface mining.

20.97.435    Thermal power plant.

20.97.435.1    Tower height.

20.97.435.2    Trailheads.

20.97.435.3    Trails.

20.97.436    Transmission pipeline.

20.97.436.1    Tree canopy.

20.97.436.2    Tree, hazard.

20.97.436.3    Tree height.

20.97.436.4    Tree, significant.

20.97.437    Truck stop.

20.97.440    Unbuildable land.

20.97.443    Unsuitable land.

20.97.445    Urban zoning districts.

20.97.446    Vegetation maintenance.

20.97.447    Viable nest site.

20.97.450    Warehousing.

20.97.452    Water transmission lines.

20.97.454    Wholesale trade.

20.97.455    Wildlife rescue rehabilitation facilities.

20.97.455.1    Wind energy system (WES).

20.97.455.2    Wind turbine.

20.97.456    Repealed.

20.97.457    Repealed.

20.97.460    Yard, front.

20.97.465    Yard, rear.

20.97.470    Yard, side.

20.97.475    Zoning administrator.

20.97.001 Generally.

Certain terms and words used in this ordinance are defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word “building” includes the word “structure” and the word “shall” is mandatory and not directory.

20.97.003 Accessory apartment.

“Accessory apartment” means a separate complete residential unit designed for occupancy by a family. It is substantially contained within the contiguous structure or attached garage of a single-family residence and there is internal access between the units; provided, however, that a detached garage whose foundation is 10 feet or less from the single-family residence is permitted as an accessory apartment. For structures further than 10 feet apart, a covered or enclosed breezeway does not constitute an approved access. (Ord. 2010-016 § 1 (Exh. A), 2010; Ord. 94-002, 1994; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.005 Accessory use.

“Accessory use” means a use customarily incidental to a permitted use; provided, that such use shall be located on the same lot as the permitted use except where specifically permitted elsewhere in zoning district regulations.

20.97.007 Active nest.

“Active nest” means any nest with eagles actively nesting as determined by the presence of an adult in incubating posture, eggs, or young. (Ord. 94-032, 1994).

20.97.007.1 Activity centers.

“Activity centers” are typically indoor facilities owned and managed by a government entity, which provide recreation, community interaction or educational opportunities. These facilities may include indoor shooting ranges and may also include some outdoor facilities. Examples include senior and community centers; historic structures such as the Roeder Home; indoor recreation centers; indoor aquatic facilities; and space for meetings, receptions and cultural arts programs. (Ord. 2004-026 § 1, 2004).

20.97.008 Adult business.

An “adult business” is a commercial establishment where a substantial portion of the establishment includes an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or any combination thereof, as defined below:

(1) An “adult bookstore” is a store that has a substantial portion of its stock-in-trade any one or more of the following:

(a) Books, magazines, periodicals or other printed matter that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(b) Photographs, films, motion pictures, videocassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2) An “adult eating or drinking establishment” is an eating or drinking establishment that regularly features any one or more of the following:

(a) Live performances that are characterized by an emphasis on specified anatomical areas or specified sexual activities; or

(b) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(c) Employees who, as part of their employment, regularly expose to patrons specified anatomical areas.

Adult eating or drinking establishments are not customarily open to the general public during such features because they exclude minors by reasons of age.

(3) An “adult theater” is a theater that regularly features or allows viewing of one or more of the following:

(a) Films, motion pictures, videocassettes, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or

(b) Live performances characterized by an emphasis on specified anatomical areas or specified sexual activities.

Adult theaters are not customarily open to the general public during such features or viewing because they exclude minors by reason of age.

An adult theater shall include commercial establishments where such materials or performances are viewed from individual enclosures.

(4) An “other adult commercial establishment” is a facility that features employees who, as part of their employment, regularly expose to patrons specified anatomical areas and that is not customarily open to the general public during such features because it excludes minors by reason of age.

“Specified sexual activities” are: (1) human genitals in a state of sexual stimulation or arousal; (2) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or (3) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

“Specified anatomical areas” are: (1) less than completely and opaquely concealed human genitals, pubic region, human buttock, anus, or female breast below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

For the purpose of determining whether a “substantial portion” of an establishment includes an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or combination thereof, the following factors shall be considered: (1) the amount of floor area accessible to customers and allocated to such uses; (2) the amount of floor area accessible to customers and allocated to such uses as compared to the total floor area accessible to customers in the establishment; and (3) whether the establishment advertises or is promoted as an adult business.

For the purposes of determining whether a bookstore has a “substantial portion” of its stock in materials defined in subsections (1)(a) or (b) of this section, the following factors shall be considered: (1) the amount of such stock accessible to customers as compared to the total stock accessible to customers in the establishment; and (2) the amount of floor area accessible to customers containing such stock; (3) the amount of floor area accessible to customers containing such stock as compared to the total floor area accessible to customers in the establishment; and (4) whether the bookstore advertises or is promoted as an adult business. (Ord. 99-070 § 2, 1999).

20.97.009 Adult family home.

“Adult family home” means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. (Ord. 2004-014 § 2, 2004).

20.97.010 Agriculture.

“Agriculture” means the use of land for farming, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. (Ord. 2005-079 § 1, 2005).

20.97.010.1 Agricultural processing.

“Agricultural processing” means the transformation, either chemically or physically, of raw agricultural goods including but not limited to washing, grading, sizing, drying, extracting, icing, producing ornamental agricultural products, sorting, cutting, pressing, bagging, freezing, canning, packaging, milling, crushing, fermenting, aging, pasteurizing, preserving, storage, bottling, but excluding slaughtering of livestock. Agricultural processing includes those process steps associated with product preparation and processing. Storage, warehousing and distributing products in conjunction with the agricultural processing activity occurring on that site shall be allowed. (Ord. 2006-048 § 1 (Exh. A), 2006).

20.97.011 Aircraft landing area.

“Aircraft landing area” means any locality, either on land, water, or structures including airports/heliports and intermediate landing fields, which is used, or intended to be used, for the landing and takeoff of aircraft. (Ord. 93-076, 1993).

20.97.012 Airport.

“Airport” means a facility where aircraft can take off and land that is publicly-owned or privately owned but used by the public. It can include a terminal, hangars, refueling facilities, maintenance facilities and other accessory uses. Aircraft landing areas used solely for personal use, agricultural use, forest management, or to serve the Eliza Island community are not considered to be airports. (Ord. 2004-014 § 2, 2004).

20.97.012.1 Alley.*

“Alley” means a public right-of-way or easement less than 30 feet but greater than 10 feet for use by pedestrians, vehicles, public utilities, and/or other necessary public functions, which affords only a secondary means of access to abutting property. (Ord. 2009-010 § 1 (Att. A), 2009).

*Code reviser’s note: Ordinance 2009-010 adds these provisions as Section 20.97.013.1. The section has been editorially renumbered to preserve alphabetization.

20.97.013 Animal enclosure.*

“Animal enclosure” means a barn, covered area, or pen intended to house or confine livestock or domestic pets, including kennels, dog runs, stables, corrals, feedlots and other areas where livestock or pets are held in a concentrated number. Pastures where crop or forage growth is sustained within the place of confinement are not considered animal enclosures. (Ord. 99-086, 1999).

*Code reviser’s note: Ordinance 99-086 adds these provisions as Section 20.97.018. The section has been editorially renumbered to preserve alphabetization.

20.97.014 Animal husbandry.

“Animal husbandry” means the practice of breeding and tending domestic farm animals. For the purpose of this definition, animal husbandry does not include kennels or fur farms. (Ord. 2017-030 § 1 (Exh. S), 2017).

20.97.015 Animal unit.

An “animal unit” means 1,000 pounds of livestock live weight. Waste production from livestock is expressed in pounds per day per 1,000 pounds of livestock live weight (lb./d/1,000 lbs.). (Ord. 2005-079 § 1, 2005; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.017 Aquaculture.

“Aquaculture” means the farming or culture of food fish, shellfish, or other aquatic plants or animals in fresh or saltwater areas and may require development such as fish hatcheries, rearing pens and structures and shellfish rafts, as well as use of natural spawning and rearing areas. The term “aquaculture” also includes activities related to either growing, handling, or harvesting of aquatic produce, such as fish and crab, including, but not limited to, propagation, stocking, holding, nurturing, disease treatment, waste disposal, water use, development of habitat and structures. Private, noncommercial aquaculture activities that do not require development shall not be subject to the use provisions of this title and are permitted in all zoning districts when permitted in accordance with the provisions of the Whatcom County Shoreline Management Program (WCC Title 23). (Ord. 2009-013 § 2 (Exh. 2), 2009; Ord. 99-086, 1999; Ord. 99-057, 1999).

20.97.018 Archaeology.

“Archaeology” means systematic, scientific study of the human past through material remains. (Ord. 2003-052 § 1, 2003).

20.97.019 Archaeological object.

“Archaeological object” means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, graves, skeletal remains and technological byproducts. (Ord. 2003-052 § 1, 2003).

20.97.019.1 Archaeological resource/site.

“Archaeological resource/site” means a geographic locality in Washington, including, but not limited to, submerged and submersible lands and the bed of the sea within the state’s jurisdiction, that contains archaeological objects. “Significant” is that quality in American history, architecture, archaeology, engineering, and culture that is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:

(1) That are associated with events that have made a significant contribution to the broad patterns of our history; or

(2) That are associated with the lives of significant persons in our past; or

(3) That embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

(4) That have yielded or may be likely to yield, information important in history or prehistory. (Ord. 2003-052 § 1, 2003).

20.97.019.2 Athletic field.

“Athletic field” means a public or private outdoor facility for nonmotorized sports. These facilities may include backstops, goal posts, nets, fences, parking, restrooms, spectator seating, lights and a refreshment stand no larger than 300 square feet in total area. (Ord. 2004-026 § 1, 2004).

20.97.020 Average grade level.

“Average grade level” means the average of the natural or existing grade on that part of the lot to be occupied by the building or structure measured by averaging the grade levels at the extreme points or corners of the building or structure.

20.97.025 Barn.

“Barn” means any housing for horses, cows, steers, sheep, goats or similar large animals. Any housing for rabbits, domestic fowl or similar animals in excess of those permitted outright will also constitute a barn.

20.97.027 Bed and breakfast establishment.

“Bed and breakfast establishment” means a privately owned dwelling that is the primary residence(s) of the owners in which, for compensation, one to two rooms are used to house or lodge individuals or families for periods of less than one month as transient visitors with limited food service. The use of the dwelling unit for the bed and breakfast shall be clearly incidental and subordinate to its use for residential purposes and the purpose of the applicable zoning district. (Ord. 2009-033 § 1 (Att. A), 2009; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.028 Bed and breakfast inn.

“Bed and breakfast inn” means a privately owned dwelling that is the primary residence(s) of the owners in which, for compensation, three to five rooms are used to house or lodge individuals or families for periods of less than one month as transient visitors with limited food service. The use of the dwelling unit for the bed and breakfast shall be clearly incidental and subordinate to its use for residential purposes and the purpose of the applicable zoning district. (Ord. 2009-033 § 1 (Att. A), 2009; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.029 Best management practice (BMP).

“Best management practice (BMP)” means the schedule of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Washington State Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002).

20.97.030 Billboard.

“Billboard” means any off-site sign owned by a third party used as an outdoor display for the purpose of making anything known, for the use of which a charge is made for advertising thereon. (Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.032 Boarding home.

“Boarding home” means any home or other institution, however named, which provides board and domiciliary care to three or more children in the custody of the state, aged persons or infirm persons not related by blood or marriage to the operator and is licensed by the state. For the purpose of this definition, an “aged or infirm person” means a person of the age of 65 years or more, or a person less than 65 years who by reason of infirmity requires domiciliary care. “Infirmity” means a disability that materially limits normal activity without requiring inpatient medical or nursing care. An infirmity may be based on conditions, including but not limited to physical handicap, mental illness, developmental disability, mental confusion, disability or disturbance. (Ord. 2004-014 § 2, 2004; Ord. 98-083 Exh. A § 65, 1998).

20.97.035 Building.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy as defined in the International Building Code. Mobile homes as defined in this chapter are excluded from this definition. (Ord. 2017-030 § 1 (Exh. B), 2017).

20.97.040 Building height.

“Building height” means the vertical distance from grade plane to the average height of the highest roof surface. “Grade plane” is defined as the reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building. See Figures 20.97.040 A and 20.97.040 B.

(Ord. 2005-079 § 1, 2005; Ord. 2003-029 § 1 (Att. A § 8), 2003; Ord. 2000-006 § 6, 2000; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 85-70, 1985).

20.97.045 Building line.

“Building line” means a straight line which touches that portion of a building closest to the road upon which the lot fronts, and which intersects the two side lot lines at angles as close as possible to 90 degrees.

20.97.050 Campground.

“Campground” means park facilities that provide camping opportunities in addition to other uses. Camping is the primary function for this type of park area. Most large camping areas may include tent sites, recreational vehicle camping sites, full service hookups, flush toilets and restrooms, showers, laundry and other support facilities, provided the recreational vehicle sites meet the standards for recreational vehicle parks included in WCC 20.80.950. Tent campgrounds are campgrounds where all sites are restricted to fabric shelters erected on the ground, and not part of a trailer unit. Nonvehicular campgrounds are campsites that are not accessible by motor vehicles. (Ord. 2004-026 § 1, 2004; Ord. 84-38, 1984).

20.97.052 Cemetery.

“Cemetery” means a place used and dedicated for burial of deceased humans with one or a combination of the following elements: (1) burial plot or plots for earth interments; (2) mausoleum for crypt interments; (3) columbarium for permanent cinerary interments. (Ord. 90-41, 1990).

20.97.052.1 Child care facilities.

“Child care facilities” means a family day care home, mini-day care center, and day care center as defined below:

(1) “Family day care home” means a person regularly providing care during part of the 24-hour day to six or fewer children in the family abode of the person or persons under whose direct care the children are placed.

(2) “Mini-day care center” means a person or agency providing care during part of the 24-hour day to 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven through 12 children in the family above of such person or persons.

(3) “Day care center” means a person or agency that provides care for 13 or more children during part of the 24-hour day. (Ord. 99-068, 1999).

20.97.053 Clearing.

“Clearing” means destruction of vegetation by manual, mechanical, or chemical methods resulting in exposed soils. (Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 96-013 § 1, 1996).

20.97.054 Clearing activity.

“Clearing activity” means clearing taking place on a single parcel of record or as part of a single project. Fill and grade activities regulated by the county are considered a clearing activity. (Ord. 2005-079 § 1, 2005; Ord. 99-086, 1999; Ord. 96-013 § 1, 1996).

20.97.054.1 Closed record appeal.

“Closed record appeal” means an administrative appeal on the record to Whatcom County, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. (Ord. 96-031 § 2, 1996).

20.97.055 Cluster housing.

“Cluster housing” means a group of dwelling units on a suitable site, designed in such a manner that the amount of usable open space per unit is equal to or exceeds the open space requirements for conventional development under the pertinent zoning district standards. Cluster housing may include either attached or detached housing or both.

20.97.056 Cluster subdivision.

“Cluster subdivision” means a form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active or passive recreation, preservation of environmentally sensitive areas, or natural resource lands. (Ord. 2005-048 Exh. A, 2005).

20.97.060 Cluster tract, exempt.

When the clustering method of land division, subdivision, or exempt cluster division is used, the “exempt cluster tract” is that portion of the proposed division or subdivision which is intended for future subdivision into individual building lots. The exempt cluster tract may be considered a separate parcel and retained by the owner or sold to another party prior to final subdivision into individual building lots. (Ord. 92-096, 1992).

20.97.065 Reserved.

Repealed by Ord. 2013-057.

20.97.070 Community center.

“Community center” means land and/or building(s) owned by a public agency or private nonprofit entity used for social, civic, educational, religious, or recreational purposes, which serves mainly the community where located; including but not limited to community halls and centers, grange halls, senior citizen centers, teen centers, youth clubs, field houses, and churches. The facilities are available for occasional public meetings. They may also have the minimal kitchen facilities required for occasional banquets. Private clubs as defined in this title are not included. (Ord. 2017-038 § 1 (Exh. A), 2017; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.075 Conditional use.

“Conditional use” means a use permitted only after public review and approved by the hearing examiner and to which conditions may be attached by the hearing examiner. (Ord. 2005-079 § 1, 2005).

20.97.080 Confinement feeding operation.

“Confinement feeding operation” means any livestock or poultry operation whose population exceeds two animal units per acre, considering the entire acreage of the farm unit other than the homesite.

20.97.083 Consistency.

“Consistency” means a project’s performance, in accordance with the county’s development regulations or in the absence of applicable development regulations, the appropriate elements of the county Comprehensive Plan or subarea plans adopted under Chapter 36.70A RCW, including but not limited to compliance and conformity. (Ord. 96-031 § 2, 1996).

20.97.084 Convenience retail shop.

“Convenience retail shop” means a food store designed and intended to serve the daily or frequent needs of the residential population living primarily within one mile of the shop. The food store may sell nonfood items such as household supplies, drugs and items for personal hygiene, but may not dispense gasoline or provide other service for automobiles. (Ord. 2001-003 § 2, 2001. Formerly 20.97.085).

20.97.085 Conversion.

“Conversion to a use other than commercial timber operation” means a bona fide conversion to an active use which is incompatible with timber growing (WAC 222-16-010). The following forest practices qualify as forest conversions (RCW 76.09.050):

(1) Forest practices that occur on lands platted after January 1, 1960, as provided in Chapter 58.17 RCW.

(2) Forest practices on lands that have or are being converted to another use. (Ord. 2001-003 § 2, 2001).

20.97.086 Conversion option harvest plan (COHP).

“Conversion option harvest plan (COHP)” means a voluntary plan developed by the landowner and approved by the county prior to submittal to the Department of Natural Resources, indicating the limits of harvest areas, road locations, critical area buffers and open space. The plan provides the landowner with the opportunity to log under a DNR Class II, III, or IV special permit without a county project permit while maintaining the option to convert the land at a later date. Under this condition, the imposition of a six-year moratorium on future development will not apply. (Ord. 96-056 Att. A § A2, 1996; Ord. 96-013 § 1, 1996).

20.97.087 Cooking facility.

“Cooking facility” means a room or portion thereof designated and/or customarily used as a place for the preparation, sanitation and cooking of food. A second cooking facility will be allowed within a permitted single-family residence if a covenant or agreement document is signed, notarized, and recorded with the Whatcom County auditor acknowledging that the second cooking facility is permitted only as part of the single-family residence. The county may draft the covenant or agreement upon whatever terms the county in its discretion deems proper. (Ord. 2010-016 § 1 (Exh. A), 2010; Ord. 2005-079 § 1, 2005).

20.97.088 Correction facility.

“Correction facility” means a facility and accessory uses operated by government, or under contract with government, that is primarily designed, staffed and used for housing juvenile or adult persons for the purposes of pre-trial custody, punishment, correction and/or rehabilitation following conviction of a criminal offense. Correction facilities include prisons, jails, work release centers and juvenile detention facilities. (Ord. 2005-079 § 1, 2005; Ord. 2004-014 § 2, 2004. Formerly 20.97.087).

20.97.089 Cottage industry.

“Cottage industry” means a small light industrial, commercial, or service operation, on a parcel where the operator resides; frequently with an art or craft orientation or related to information processing or to the natural resources of the area. (Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2005-079 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2001-012 § 1, 2001; Ord. 88-93, 1988. Formerly 20.97.088).

20.97.090 County council.

“County council” means the county council of Whatcom County.

20.97.091 Crisis care facilities.

“Crisis care facilities” are facilities for the evaluation and emergency treatment of individuals exhibiting signs of some type of behavioral disorder. This may include mental illness, developmental disabilities, substance abuse, emotional disorders, and/or physical illness, either alone or in combination. Facilities are designed to assess the underlying cause of the behavior, assess the severity and/or risk to the individual and the community and provide residential treatment to stabilize the crisis when appropriate and no higher level of care is required. (Ord. 2004-014 § 2, 2004).

20.97.091.1 Current Stormwater Manual.

“Current Stormwater Manual” means the Washington State Department of Ecology (WSDOE) Stormwater Management Manual for Western Washington edition that is in effect on the date that the county receives a complete application for the project, work, or activity. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.092 Day care center.

“Day care center” means a structure other than an occupied dwelling unit regularly providing care during part of the 24-hour day to 13 or more children. (Ord. 2009-034 § 1 (Att. A), 2009).

20.97.093 DBH.

“DBH” means diameter at breast height. The diameter of the tree 4.5 feet above the ground. (Ord. 94-032, 1994).

20.97.094 Demonstrative BMPs.

“Demonstrative BMPs” means those BMPs that do not otherwise qualify as presumptive. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.095 Department.

“Department” means the planning and development services department of Whatcom County.

20.97.097 Detached accessory dwelling unit.

“Detached accessory dwelling unit” means a separate and complete dwelling unit not attached in any way to the main or existing dwelling unit; designed for occupancy by a family. (Ord. 94-002, 1994).

20.97.098 Developed land.

“Developed land” means the total land area of any lot of record which has a building, parking area, and/or structure for a permitted or conditional use except the following uses: agriculture as defined above; the growth, harvest and management of timber; or mining. (Ord. 87-65, 1987).

20.97.099 Development.

“Development” means any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval. (Ord. 96-013 § 1, 1996).

20.97.099.1 Development runoff.

“Development runoff” means runoff that results from non-native vegetated areas. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.099.2 Development stormwater.

“Development stormwater” means stormwater that results from non-native vegetated areas. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.099.3 Development stormwater runoff.

“Development stormwater runoff” means stormwater runoff that originates from non-native vegetated areas. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.100 Distribution pipeline.

“Distribution pipeline” means a pipeline other than a gathering or transmission pipeline or as defined at 49 CFR 192.3, if amended. (Ord. 2002-017 § 1, 2002).

20.97.101 Dock.

“Dock” means a platform structure or anchored device in or floating upon water bodies to provide moorage for pleasure craft or landing for water-dependent recreation including but not limited to floats, mooring buoys, swim floats, float plan moorages, covered moorages and water ski jumps. Launching ramps are excluded. (Ord. 2002-017 § 1, 2002. Formerly 20.97.100).

20.97.103 Drainage ditch.

“Drainage ditch” means an artificially created watercourse constructed to drain surface or ground water. (Ord. 96-013 § 1, 1996).

20.97.104 Duplex.*

“Duplex” means a single building designed for occupancy by two families living independently of each other in separate dwelling units on one lot of record. Each dwelling unit is required to have a separate outside entrance. (Ord. 2001-024 § 1, 2001).

*Code reviser’s note: Ordinance 2001-024 adds this section as WCC 20.97.437. The section has been editorially renumbered to preserve alphabetization.

20.97.105 Dwelling unit.

“Dwelling unit” means a single residential structure providing complete independent living facilities for one or more persons, including permanent provisions and fixtures for living, sleeping, eating and sanitation. (Ord. 2006-061 § 1 (Att. A)(6), 2006; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.111 Electric vehicle battery exchange facility.

“Electric vehicle battery exchange facility” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 2012-001 § 1 (Exh. A), 2012).

20.97.113 Electric vehicle charging station.

“Electric vehicle charging station” means a private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (no more than 220 volts, by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station is allowed accessory to any principal use and meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 2012-001 § 1 (Exh. A), 2012).

20.97.115 Electric vehicle rapid charging station.

“Electric vehicle rapid charging station” means a type of electric vehicle charging station that allows for a faster recharging of electric vehicle batteries through higher power levels (typically 480 volts) and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 2012-001 § 1 (Exh. A), 2012).

20.97.118 Engineered design.

“Engineered design” means a design performed, and/or supervised, by a Washington State licensed professional engineer. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.121 Essential airport operations.

“Essential airport operations” means operations, including parking requirements, directly related to the aviation use of an airport including but not limited to runways, taxiways, aprons, hangers, aviation fuel storage and terminals. Essential airport operations do not include restaurants, hotels, and industrial, commercial, recreational, and other like uses. (Ord. 91-074, 1991).

20.97.121.05 Existing tree canopy area.

“Existing tree canopy area” means the tree canopy area in existence as of January 1, 2017, using best available information. (Ord. 2016-045 § 1 Att. A, 2016).

20.97.121.1 Existing uses.

“Existing uses,” when referencing uses within a rural community Type I LAMIRD, means legally established uses that existed on July 1, 1990. (Ord. 2011-013 § 2 Exh. B, 2011).

20.97.122 Extraction, commercial.

“Commercial extraction” means extraction of sand or gravel or both from a site when the primary purpose of extraction is to obtain the minerals for road construction, building construction, ready-mix, re-sale or other uses in which the minerals will be processed. (Ord. 86-42, 1986).

20.97.123 Extraction, noncommercial.

“Noncommercial extraction” means extraction of sand or gravel or both from a site when it is incidental to a primary use, when it is intended to enhance agricultural productivity and when it will facilitate more uniform management of agricultural land. (Ord. 86-42, 1986).

20.97.124 Fabrication.

“Fabrication” means the manufacturing from standardized parts of a distinct object differing from the individual components. (Ord. 84-38, 1984).

20.97.125 Family.

“Family” means one or more persons related by blood, marriage, or legal adoption, or a group of not more than five persons (excluding servants), not related by blood or marriage, or legal adoption, living together as a single housekeeping unit in a dwelling unit. The term “family” shall also include living arrangements of any number of disabled persons living in a family-like setting which are protected by the provisions of the Federal Fair Housing Act and the Washington Housing Act, RCW 36.70.990 and 36.70A.410. (Ord. 2005-079 § 1, 2005).

20.97.126 Family day care home.

“Family day care home” means an occupied dwelling unit regularly providing care during part of the 24-hour day for six or fewer children in the family abode of the person or persons under whose direct care the children are placed. Such care in a family day care home is limited to six or fewer children, including those children living in the home or children of other close relatives cared for in the home. (Ord. 2009-034 § 1 (Att. A), 2009).

20.97.130 Family dwelling.

“Family dwelling” means any building designed for and occupied by any person or family established or tending to establish a legal residence or acquiring a legal settlement for any purpose upon the premises so occupied.

20.97.132 Farmstead parcel.

The “farmstead parcel” is the legally subdivided portion of the parent parcel containing an existing or planned farmstead home site. (Ord. 2013-040 Exh. 1, 2013; Ord. 2005-073 § 1, 2005; Ord. 2001-020 § 1 (Exh. 1 § 3), 2001).

20.97.133 Farmstead home site.

The “farmstead home site” includes that portion of the parent parcel used for existing or planned residential buildings, uses accessory to residential buildings, drainfields, wells, wellhead protection area(s), established landscaped areas contiguous with the non-agricultural built area, and structures as allowed in WCC 20.40.253. (Ord. 2013-040 Exh. 1, 2013; Ord. 2005-073 § 1, 2005).

20.97.134 Farm enhancement.

“Farm enhancement” means promoting proposed agricultural production by application of structural, cultural and management practices, including eliminating safety hazards such as excessive grades. (Ord. 2005-073 § 1, 2005; Ord. 93-038, 1993. Formerly 20.97.133).

20.97.135 Feedlot.

“Feedlot” means a concentrated, confined animal or poultry operation for production of meat, milk or eggs; or stabling in yards, barns, pens or houses; wherein animals or poultry are fed at the place of confinement, and crop or forage growth or production is not sustained within the place of confinement.

20.97.140 Floor area of a nonresidential building.

“Floor area of a nonresidential building” (to be used in calculating parking requirements) means the floor areas of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and similar areas.

20.97.145 Floor area.

“Floor area” means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Ord. 2003-029 § 1 (Att. A § 10), 2003; Ord. 82-58, 1982).

20.97.150 Floor area ratio (FAR).

“Floor area ratio (FAR)” means the square footage of the building divided by the square footage of the area of the site the building is to be located on. (Ord. 82-58, 1982).

20.97.153 Footprint.

“Footprint” means the perimeter foundation wall, exterior wall, or outside edges and corners of piers or columns which support structural elements that define the exterior boundaries of a building or structure, including impervious decks and balconies, but exclusive of projections. Projections shall include cornices, eave overhangs, and similar architectural appendages extending beyond the footprint. (Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002).

20.97.155 Forest industries.

“Forest industries” means the growth, harvest and management of timber, associated forest practices and the manufacture of wood products.

20.97.157 Forest land.

“Forest land” means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing. (Ord. 2001-003 § 2, 2001).

20.97.158 Forest practice.

“Forest practice” means any activity conducted on or directly pertaining to forest land and related to growing, harvesting or processing timber (Chapter 222-16 WAC) including, but not limited to: (1) road and trail construction; (2) fertilization; (3) prevention and suppression of diseases and insects; or other activities which qualify as a use or development subject to the Forest Practices Act. (Ord. 96-013 § 1, 1996).

20.97.160 Forest products.

“Forest products” means products obtained from stands of forest trees which have been either naturally or artificially established.

20.97.160.1 Forested area.

“Forested area” means the area encompassed by the tree canopy and any native vegetation that occurs within the boundaries of the tree canopy. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.160.2 Front building facade.

“Front building facade” means the exterior front side of a building adjacent to the designated front property line or right-of-way. For the purposes of measuring garage setbacks, measurements shall be taken from the primary building wall excluding covered porches, decks and other architectural projections. (Ord. 2009-010 § 1 (Att. A), 2009. Formerly 20.97.160.1).*

*Code reviser’s note: This section was formerly numbered WCC 20.97.160.1. It has been editorially renumbered to preserve alphabetization.

20.97.160.3 Front-loaded garages.

“Front-loaded garages” means garages that are accessed from a driveway that is perpendicular to the street or access road, with garage doors parallel to the designated front property line. (Ord. 2009-010 § 1 (Att. A), 2009. Formerly 20.97.160.2).*

*Code reviser’s note: This section was formerly numbered WCC 20.97.160.2. It has been editorially renumbered to preserve alphabetization.

20.97.160.4 Front porch.

“Front porch” means a covered entrance to a single-family or multifamily structure, projecting from and attached to the primary building wall that lies adjacent to the designated front property line, often partially enclosed. (Ord. 2009-010 § 1 (Att. A), 2009. Formerly 20.97.160.3).*

*Code reviser’s note: This section was formerly numbered WCC 20.97.160.3. It has been editorially renumbered to preserve alphabetization.

20.97.160.5 Garage.

“Garage” means an attached or detached structure in which the primary purpose and function of the design is to accommodate access to and the storage of automobiles. (Ord. 2009-010 § 1 (Att. A), 2009. Formerly 20.97.160.4).*

*Code reviser’s note: Ordinance 2009-010 adds these provisions as Section 20.97.161.1. The section has been editorially renumbered to preserve alphabetization.

20.97.161 Gathering pipeline.

“Gathering pipeline” means a pipeline that transports gas from a current production facility to a transmission pipeline or main or as defined at 49 CFR 192.3, if amended. (Ord. 2002-017 § 1, 2002).

20.97.162 Grade plane.

See WCC 20.97.040 and Figures 20.97.040 A and 20.97.040 B. (Ord. 2005-079 § 1, 2005; Ord. 85-70, 1985).

20.97.165 Grocery store.

“Grocery store” means a place of business predominantly engaged in the retailing of food to the public, including fresh fruits and vegetables, and food which is manufactured on the premises as an integral part of the retail operation. A grocery store may also engage in the retailing of other items generally used in and around homes including drinks, medical aids, school supplies, papers, magazines and other household items. (Ord. 2011-013 § 2 Exh. B, 2011).

20.97.170 Gross density.

“Gross density” means the number of dwelling units per unit of area. Gross density shall be computed based on the total area of the parcel of record and shall include the area of adjoining road rights-of-way if the parent parcel is five acres or greater; however, adjoining road rights-of-way shall be excluded for parent parcels of less than five acres. For properties within the jurisdiction of the Shoreline Management Program, submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used to compute gross density. (Ord. 2001-063 § 1, 2001; Ord. 2001-001 § 1, 2001).

20.97.171 Habitable space or habitable room.

“Habitable space” or “habitable room” means any space or room within a structure that is being used for living, sleeping, cooking or dining purposes. (Ord. 2006-061 § 1 (Att. A)(5), 2006).

20.97.171.1 Hard surface.

“Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof. (Ord. 2016-045 § 1 Att. A, 2016).

20.97.171.2 Hazard tree.

“Hazard tree” means any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2013-043 § 1 Exh. C, 2013. Formerly 20.97.171.1)

20.97.172 Hazardous waste.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste as defined by RCW 70.105.010. Treatment of hazardous waste means the physical, chemical or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 89-10, 1989).

20.97.173 Hazardous waste treatment and storage facilities.

“Hazardous waste treatment and storage facilities” means facilities that require an interim or final status permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC. This does not include hazardous waste incineration and land disposal facilities which are state preempted. (Ord. 89-10, 1989).

20.97.175 Hearing examiner.

“Hearing examiner” means the hearing examiner of Whatcom County (refer to Chapter 20.92 WCC).

20.97.177 High traffic generator.

“High traffic generator” means those land use activities allowed in a district which is anticipated to generate either more traffic or heavier vehicle types than by the use described in the title of the zone district. (Ord. 84-38, 1984).

20.97.180 Home occupation.

“Home occupation” means a small-scale occupation conducted on a property, within a dwelling unit and/or permitted accessory structure, by the operator who resides on the property. (Ord. 2010-030 § 1 (Exh. A), 2010; Ord. 2001-012 § 1, 2001).

20.97.185 Hotel.

“Hotel” means any building containing six or more rooms intended or designed to be used, rented or hired out, or to be occupied for sleeping purposes only by transients.

20.97.186 Illegal spot zoning.

“Illegal spot zoning” means a zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from, and inconsistent with, the classification of surrounding land and not in accordance with the Comprehensive Plan. Spot zoning is zoning for private gain designed to favor or benefit a particular individual or group and not the welfare of the community as a whole. (Ord. 2000-063 § 1, 2000).

20.97.187 Impervious surface.

“Impervious surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered detention/retention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2005-085 § 1, 2005; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2000-063 § 1, 2000; Ord. 99-086, 1999. Formerly 20.97.186).

20.97.188 Industrial park.

“Industrial park” means a tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses with special attention to circulation, parking, utility needs, aesthetics and compatibility. (Ord. 2000-063 § 1, 2000; Ord. 84-38, 1984. Formerly 20.97.187).

20.97.190 Institutional uses.

“Institutional uses” means schools, colleges, libraries, fire stations, buildings necessary for government, community centers, nursery or day-care facilities, hospitals and clinics, retirement homes, convalescent centers, rehabilitation homes, post offices, public museums and art galleries. Private clubs are excluded from this definition.

20.97.190.1 Interflow.

“Interflow” means the portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface, e.g., in a roadside ditch, a wetland, a spring, or a seep. Interflow is a function of the soil system depth, permeability, and water-holding capacity. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.191 Kennel.

“Kennel” means a commercial establishment in which five or more dogs, cats, or other household pets are housed, bred, or boarded for a fee or compensation. A kennel may include grooming and/or training as accessory uses. (Ord. 2017-030 § 1 (Exh. I), 2017; Ord. 2005-079 § 1, 2005; Ord. 99-086, 1999).

20.97.193 Knoll.

“Knoll” means a small, low, rounded hill rising above adjacent landforms. (Ord. 93-038, 1993).

20.97.194 LAMIRD.

“LAMIRD” means a limited area of more intensive rural development as described in the Whatcom County Comprehensive Plan, land use chapter. LAMIRDs are characterized by existing uses and separated into three different types as follows:

Type 1 LAMIRDs are commercial, industrial, residential or mixed use areas surrounded by logical outer boundaries, and as defined in the Comprehensive Plan and Washington State law (RCW 36.70A.070(5)(d)(i)).

Type 2 LAMIRDs are small-scale recreational or tourist areas as defined in the Comprehensive Plan and Washington State law (RCW 36.70A.070(5)(d)(ii)).

Type 3 LAMIRDs are isolated business uses as defined in the Comprehensive Plan and Washington State law (RCW 36.70A.070(5)(d)(iii)). (Ord. 2011-013 § 2 Exh. B, 2011).

20.97.194.1 Land disturbing activity.

“Land disturbing activity” means activity that results in a movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include but are not limited to clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land-disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2013-043 § 1 Exh. C, 2013)

20.97.195 Launch ramp.

“Launch ramp” means an inclined slab, set of pads, or planks, or graded slope used for launching boats with trailers, or occasionally by hand; extensive parking and turn-around areas are usually required.

20.97.200 Lewd matter or lewd.

Repealed by Ord. 99-070.

20.97.205 Loading space, off-street.

“Off-street loading space” means space logically and conveniently located for bulk pick-ups and deliveries, scaled to delivery trucks expected to be used and accessible to such vehicles when required off-street parking spaces are filled. (Ord. 2005-079 § 1, 2005).

20.97.215 Lot clustering.

“Lot clustering” means a method of aggregating permitted densities on smaller tracts or areas within a larger defined area for the purpose of creating economical building lots with spatially efficient sizes, reducing development cost, increasing energy efficiency and reserving areas of land that are suitable for agricultural, forestry, open space or other future-approved development purposes.

20.97.216 Lot, corner.

“Lot, corner” means a lot which abuts two or more intersecting roads at their point of intersection. (Ord. 2014-030 § 1 Exh. A, 2014).

20.97.217 Lot coverage.

“Lot coverage” means the percent of a lot or parcel which is, or will be, covered by all structures located thereon. Coverage is determined by measuring areas covered by a weather tight roof. For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used to compute lot coverage. (Ord. 2001-063 § 1, 2001; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.218 Lot, through.

“Lot, through” means a lot which abuts two or more roads that do not intersect at the lot. (Ord. 2014-030 § 1 Exh. A, 2014).

20.97.220 Lot of record.

“Lot of record” means a lot which is described by final plat, short plat, or metes and bounds, and is established pursuant to applicable local and state regulations at the date a legal instrument creating the lot is recorded at the Whatcom County auditor’s office.

20.97.220.1 Low impact development (LID).

A stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. (Ord. 2016-045 § 1 Att. A, 2016).

20.97.220.2 LID best management practices (BMPs).

Distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse. (Ord. 2016-045 § 1 Att. A, 2016).

20.97.221 Low-income housing.

“Low-income housing” means housing for which the monthly expenditure by a qualified low-income household purchaser or tenant, including mortgage or rent payment, insurance, taxes, and utilities (water and sewer), does not exceed 38 percent of gross monthly household income at the time of purchase or lease, and where the amount of mortgage or rent does not exceed 30 percent of gross monthly household income, with documented assurance that the housing provided is restricted under a government or nonprofit housing program or agency, and that this will continue over time. A “low-income household” means a single person, family, or unrelated persons living together whose income, at their initial occupancy of the premises, is less than 80 percent of the median family income, adjusted for household size, for Whatcom County, as defined by the U.S. Department of Housing and Urban Development at the time of application. A monthly expenditure higher than the standard above may be allowed for homes or projects that have received state, federal, and/or other affordable housing program funding. (Ord. 2009-006 Exh. 1, 2009).

20.97.223 Manufacturing.

“Manufacturing” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. (Ord. 84-38, 1984).

20.97.224 Mariculture.

“Mariculture” means a term for aquaculture conducted in a marine environment. (Ord. 99-057, 1999).

20.97.225 Marijuana, marihuana or cannabis.

“Marijuana,” “marihuana” or “cannabis” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 2016-011 § 1 (Exh. I), 2016; Ord. 2015-006 Exh. A, 2015).

20.97.226 Marijuana processing facility.

“Marijuana processing” means a facility licensed by the state Liquor and Cannabis Board to process marijuana into useable marijuana, marijuana concentrates, and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers. A marijuana processing facility shall include any structure that is associated with the processing of marijuana. (Ord. 2016-011 § 1 (Exh. I), 2016; Ord. 2015-006 Exh. A, 2015).

20.97.227 Marijuana production facility.

“Marijuana production” means a facility licensed by the state Liquor and Cannabis Board to produce, harvest, trim, dry, cure, and package marijuana, and sell marijuana at wholesale to state-licensed marijuana processors and other state-licensed marijuana producers. A marijuana producer may also produce and sell marijuana plants, seed, and plant tissue culture to other state-licensed marijuana producers. The area of a marijuana production facility includes all the area enclosed within a structure or fence that is required by the state Liquor and Cannabis Board for the production of marijuana. Indoor production shall be within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in nonrigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. (Ord. 2016-011 § 1 (Exh. I), 2016; Ord. 2015-006 Exh. A, 2015).

20.97.228 Marijuana retail facility.

“Marijuana retail” means a facility licensed by the state Liquor and Cannabis Board to sell useable marijuana and marijuana-infused products in a retail outlet. A marijuana retail facility shall include any building that is associated with the sale of marijuana. (Ord. 2016-011 § 1 (Exh. I), 2016; Ord. 2015-006 Exh. A, 2015).

20.97.229 Marina.

“Marina” means a wet moorage and/or dry storage facility for pleasure craft and/or small to moderate sized commercial craft where goods or services related to boating are sold commercially. Launching facilities and covered moorage may also be provided. Marinas may be open to the general public or restricted on the basis of property ownership or membership. (Ord. 2015-006 Exh. A, 2015. Formerly 20.97.225).

20.97.230 May.

“May” means permissive action. (Ord. 2015-006 Exh. A, 2015; Ord. 2013-043 § 1 Exh. C, 2013. Formerly 20.97.228).

20.97.232 Mental health facilities.

“Mental health facilities” mean buildings and accessory uses primarily utilized to provide, through public or private agencies, emergency evaluation and treatment, outpatient care, residential care, and inpatient care to persons suffering from a mental disorder. Mental health facilities are certified or operated by the State Department of Social and Health Services. (Ord. 2004-014 § 2, 2004).

20.97.235 Meteorological tower (MET tower).

“Meteorological tower (MET tower)” means a structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. (Ord. 2008-043 § 1, 2008).

20.97.240 Minimum lot size.

“Minimum lot size” means that portion of total parcel area which is determined to be usable for the purpose of creating a building lot, pursuant to all applicable Whatcom County regulations. Parcels of five acres or greater may be regarded as nominal and may be measured to the center of proposed and bounding roads; however, parcels of less than five acres shall exclude those portions of lot area devoted for access, including all access easements, and easements not usable to the present or future surface owner of the parcel. For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used to compute minimum lot size. (Ord. 2001-063 § 1, 2001).

20.97.241 Mini-day care center.

“Mini-day care center” means a structure other than an occupied dwelling unit regularly providing care during part of the 24-hour day for 12 or fewer children. Such care in a mini-day care center is limited to 12 or fewer children, including those children of the faculty or children of other close relatives cared for by the faculty. (Ord. 2009-034 § 1 (Att. A), 2009).

20.97.242 Mini-day care home.

“Mini-day care home” means an occupied dwelling unit regularly providing care during part of the 24-hour day for seven to 12 children in the family abode of the person or persons under whose direct care the children are placed. Such care in a mini-day care home is limited to 12 or fewer children, including those children living in the home or children of other close relatives cared for in the home. (Ord. 2009-034 § 1 (Att. A), 2009).

20.97.250 Mobile home.

“Mobile home” means a dwelling designed for long-term human habitation by one family and having complete living facilities; constructed and fabricated into a complete unit at a factory and capable of being transported to a location of use on its own chassis and wheels; identified by a model number and serial number by its manufacturer and designed primarily for placement on an impermanent footing. A unit which was originally built as a mobile home but which has substantially lost its mobility through being placed on a permanent footing, and which wholly meets state standards for such units, shall not be considered to be a mobile home and shall be treated as a single-family dwelling for the purpose of this ordinance only when it is fixed to a permanent footing and tongue and axle have been removed and skirting installed.

20.97.255 Mobile home park.

“Mobile home park” means any parcel or adjacent parcels of land in the same ownership which is utilized for occupancy by more than two mobile homes. This term shall not be construed to mean campgrounds, recreational vehicle parks or tourist facilities for camping.

20.97.260 Motel.

“Motel” means a group of attached or detached buildings containing individual sleeping units, with or without cooking or kitchen facilities, with at least one parking space for each unit located on the same premises, all for the temporary use by tourists and transients. This term includes auto courts, tourist courts, motor lodges and resort cabins.

20.97.263 Multifamily development.

“Multifamily development” means two or more dwelling units on one lot except as provided in WCC 20.40.103 for agricultural housing. (Ord. 87-65, 1987).

20.97.264 Multifamily dwelling.

“Multifamily dwelling” means a single building, or portion thereof, designed for or occupied by three or more families living independently of each other in separate dwelling units on one lot of record and, for the purpose of this code, includes triplexes, fourplexes, apartment buildings, and residential condominiums. (Ord. 2001-024 § 1, 2001; Ord. 94-002, 1994).

20.97.266 Multi-use camping areas.

“Multi-use camping areas” typically are park facilities that provide camping opportunities in addition to other uses. Lighthouse Marine Park and Silver Lake Park fit this category. While many activities and facilities are possible, camping is the primary function for this type of park area. Most large camping areas may include recreational vehicle camping sites, full service hookups, flush toilets and restrooms, showers, laundry and other support facilities. (Ord. 2004-026 § 1, 2004).

20.97.267 Native vegetation.

“Native vegetation” means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry and salal; and herbaceous plants such as sword fern, foam flower, and fire weed. (From Department of Ecology Stormwater Manual) (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.268 Natural runoff.

“Natural runoff” means runoff that originates from native vegetated areas. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.268.1 Natural stormwater.

“Natural stormwater” means stormwater that originates from native vegetated areas. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.268.2 Natural stormwater runoff.

“Natural stormwater runoff” means stormwater runoff that originates from native vegetated areas. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.269 Net land area disturbed.

Repealed by Ord. 2016-045. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.269.1 Net new impervious surface area.

Repealed by Ord. 2016-045. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.269.2 Net new permeable pavement areas.

Repealed by Ord. 2016-045. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.269.3 Net replaced impervious surface area.

Repealed by Ord. 2016-045. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.269.4 Net replaced permeable pavement areas.

Repealed by Ord. 2016-045. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.270 Nonconforming use.

“Nonconforming use” means a building or land occupied by a legally established use that does not conform with the use regulations of the zoning district in which it is located. (Ord. 2001-047 § 1, 2001).

20.97.271 Nonconversion.

“Nonconversion” means the continued use of land for forest production. The three following situations qualify as nonconversions of forested land:

(1) A standard forest practice where the Department of Natural Resources is in charge of all aspects of the forest practices including applications, notifications, permits, harvesting, replanting, etc. The six-year moratorium on development is applied when a standard forest practice occurs. (Chapter 76.09 RCW and WAC Title 222)

(2) A conversion option harvest plan (COHP), as provided for in WCC 20.80.730(8), approved by the local government and submitted to the Department of Natural Resources as part of the forest practices application allows a forest landowner who is unsure about their future plans for their property to harvest their timber and also maintain the option to convert their land at a later date without the imposition of the six-year moratorium. (Ord. 2001-003 § 2, 2001).

20.97.272 Nonindustrial buildings.

“Nonindustrial buildings” means those buildings allowed within an Industrial District that house those uses contained within the category of public uses, or the category of restaurants, cafes and cafeterias. (Ord. 2001-003 § 2, 2001; Ord. 87-12, 1987; Ord. 87-11, 1987. Formerly 20.97.271).

20.97.273 Nonresort-oriented hotel or motel.

“Nonresort-oriented hotel or motel” means those hotels or motels which only provide for the primary activities associated with such facilities. (Ord. 82-58, 1982).

20.97.274 Open record appeal hearing.

“Open record appeal hearing” means an open record hearing that is held on an appeal if no open record hearing has been held on the project permit. (Ord. 96-031 § 2, 1996).

20.97.274.1 Open record hearing.

“Open record hearing” means a hearing conducted by a single hearing body or officer authorized by the county to conduct such hearings that creates the county’s record through testimony and submission of evidence and information, under procedures prescribed by the county by ordinance or resolution. (Ord. 96-031 § 2, 1996).

20.97.275 Open space.

“Open space” means any parcel or area of land or water not covered by structures, hard surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways, or where otherwise provided by this title or other county ordinance and set aside, dedicated, for active or passive recreation, visual enjoyment or critical area development buffers, as established in the Whatcom County Critical Areas Ordinance. For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in open space calculations. (Ord. 2001-063 § 1, 2001; Ord. 99-086, 1999; Ord. 97-057 § 1, 1997; Ord. 96-046 § 1, 1996; Ord. 84-38, 1984).

20.97.280 Ordinary high water mark (OHWM).

“Ordinary high water mark (OHWM)” means that mark that will be found on all lakes, streams and tidal water by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, or as it may naturally change thereafter; provided, that in any area where the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

20.97.282 Outdoor recreation facilities.

“Outdoor recreation facilities” means land which is used for outdoor recreational activities. Such facilities include, but are not limited to, tennis and/or racquetball and basketball courts; soccer, baseball and football fields; climbing walls; baseball batting cages; golf courses or driving ranges; and swimming pools. (Ord. 2011-013 § 2 Exh. B, 2011).

20.97.282.1 Packinghouse.

“Packinghouse” means a plant that both slaughters animals and subsequently processes carcasses into fresh, cured, smoked, canned or other prepared meat products. Rendering and importation of animal by-products is strictly prohibited in packinghouses. Packinghouses shall not slaughter poultry. Packinghouses exclude temporary, mobile or other on-farm, owner-raised poultry slaughtering operations regulated under Chapter 16-170 WAC and/or Chapter 69.07 RCW that do not require USDA inspection. Agricultural producers who raise poultry may slaughter up to 1,000 poultry raised on their own farm annually subject to the special poultry permit requirements of Chapter 16-170 WAC. Agricultural producers who process between 1,000 and 20,000 poultry a year on their farm are subject to the food processor license requirements of Chapter 69.07 RCW. (Ord. 2014-041 Exh. A, 2014; Ord. 2013-051 Exh. A, 2013).

20.97.283 Parent parcel.

“Parent parcel” means a parcel that has been or is proposed to be further divided into additional lots, tracts, parcels or sites. (Ord. 2005-048 Exh. A, 2005).

20.97.285 Park.

“Park” means private or public areas of land with or without buildings, designated for active or passive recreational uses. This includes unlit athletic fields with no more than one baseball diamond, soccer or football field, unenclosed spectator seating facilities and nor more than 30 parking spaces. (Ord. 2004-026 § 1, 2004).

20.97.290 Parking space, off-street.

“Off-street parking space” means, for the purpose of this ordinance, an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.

20.97.292 Park model trailer.

“Park model trailer” means a trailer designed to provide seasonal or temporary living quarters which may be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. It has a gross trailer area not exceeding 400 square feet or is approved by the state as a park model trailer. (Ord. 2017-030 § 1 (Exh. D), 2017; Ord. 2000-040 § 1, 2000).

20.97.293 Party of record.

“Party of record” means the applicant, the owner of the property and any person who has testified at a required hearing. (Ord. 96-031 § 2, 1996).

20.97.293.1 Passenger intermodal terminal.

(1) “Intermediate passenger intermodal terminal” means a terminal providing predominantly ground and other appropriate and viable low-impact modes of transit for general local commuter traffic, linking rural communities with cities, urban growth areas and major passenger intermodal terminals.

(2) “Major passenger intermodal terminal” means a generally large scale central terminal linking multiple intermediate passenger intermodal terminals and other local transportation corridors to current modes of transit for regional and long distance travel and shipment of commodities. (Ord. 2011-013 § 2 Exh. B, 2011).

20.97.294 Permanent employee.

“Permanent employee” means someone employed during regular seasons more than 26 weeks within a period of 48 consecutive weeks. (Ord. 2006-048 § 1 (Exh. A), 2006).

20.97.295 Permanent foundation.

“Permanent foundation” means a foundation constructed of masonry, concrete or treated wood in conformance to the requirements of the current code as adopted and amended per WCC Title 15, Buildings and Construction, and shall extend below the frost line or other method as accepted by the building official. (Ord. 2013-057 § 1 (Exh. A), 2013).

20.97.297 Permeable pavement.

“Permeable pavement” means pervious concrete, porous asphalt, permeable pavers, or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. (Ord. 2013-043 § 1 Exh. C, 2013).

20.97.300 Permitted use.

“Permitted use” means a principal use of a site allowed as a matter of right in conformance to applicable zoning, building and health codes, and not subject to special review or conditions under this ordinance beyond those specifically set forth in zoning district regulations.

20.97.302 Personal wireless communications service.

“Personal wireless communications service” is a term which means the same as wireless communications service. (Ord. 2000-006 § 5, 2000).

20.97.303 Phosphorus-mitigated.

“Phosphorus-mitigated” means areas where the development stormwater runoff phosphorus loading profile does not exceed the corresponding natural stormwater runoff phosphorus loading profile. (Ord. 2013-043 § 1 Exh. C, 2013).

20.97.304 Phosphorus neutral.

“Phosphorus neutral” means areas where the development stormwater runoff phosphorus loading profile does not exceed the natural stormwater runoff phosphorus loading profile from that area. (Ord. 2013-043 § 1 Exh. C, 2013).

20.97.304.1 Phosphorus-unmitigated.

“Phosphorus-unmitigated” means areas where the development stormwater runoff phosphorus loading profile exceeds the corresponding natural stormwater runoff phosphorus loading profile. (Ord. 2013-043 § 1 Exh. C, 2013).

20.97.305 Planned unit development (PUD).

“Planned unit development (PUD)” means one or a group of specified uses, such as residential, resort, commercial or industrial, to be planned and constructed as a unit. Zoning or subdivision regulations with respect to lot size, building bulk, etc., may be varied to allow design innovations and special features in exchange for additional and/or superior site amenities or community benefits.

20.97.307 Poultry.

“Poultry” means products derived from the slaughter and processing of broilers, other young chickens, mature chickens, hens, turkeys, capons, geese, ducks, small game fowl such as quail or pheasants, and small game such as rabbits. (Ord. 2014-041 Exh. A, 2014; Ord. 2013-051 Exh. A, 2013).

*Code reviser’s note: Ordinance 2013-051 adds this section as WCC 20.97.310. The section has been editorially renumbered to avoid duplication of numbering.

20.97.310 Presumptive BMPs.

“Presumptive BMPs” means those BMPs that will require no additional development stormwater runoff flow control or treatment per current Stormwater Manual declaration once physically established in compliance with all current Stormwater Manual criteria. (Ord. 2013-043 § 1 Exh. C, 2013).

20.97.315 Private club.

“Private club” means land and/or building that is privately owned and normally restricted from use by the general public, and which is operated as an assembly area by and for a nonprofit organization, society, lodge, fraternity, yacht club or similar entity. The facility may or may not feature eating, drinking, dancing or similar activities.

20.97.316 Professional archaeologist.

“Professional archaeologist” means a person who has designed and executed an archaeological study as evidenced by a thesis or dissertation and has been awarded an advanced degree such as an M.A., M.S. or Ph.D. from an accredited institution of higher education in archaeology, anthropology, or history or other germane discipline with a specialization in archaeology; has a minimum of one year of field experience with at least 24 weeks of field work under the supervision of a professional archaeologist, including no less than 12 weeks of survey or reconnaissance work, and at least eight weeks of supervised laboratory experience. Twenty weeks of field work in a supervisory capacity must be documentable with a report produced by the individual on the field work. (Ord. 2003-052 § 1, 2003).

20.97.318 Professional office.

“Professional office” means a room or group of rooms used to conduct the business of a profession, business, service, government or other organization, but excluding those uses which are primarily retail, wholesale or other than clerical in nature that have offices as part of their operation. (Ord. 86-78, 1986).

20.97.320 Prohibited use.

“Prohibited use” means a use not allowed to be constructed or developed; provided, that existing uses may be continued as provided in Chapter 20.83 WCC.

20.97.321 Project permit – Project permit application.

“Project permit” or “project permit application” means any land use or environmental permit or license required from Whatcom County for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial project permits, variance, lots consolidation relief, site plan reviews, permits or approvals authorized by a Comprehensive Plan or subarea plan. (Ord. 98-083 Exh. A § 66, 1998; Ord. 96-056 Att. A § A2, 1996; Ord. 96-031 § 2, 1996).

20.97.323 Public comment period.

“Public comment period,” for purposes of this title, means a prescribed period of time, starting from the date of a notice of application, in which the public may provide information and comments to Whatcom County staff who are obligated to incorporate such input into a staff report addressing the project permit application. Generally, public comment may be accepted by the decision-making body up to, and until, the close of the open record hearing. (Ord. 96-031 § 2, 1996).

20.97.323.1 Public community facility.

“Public community facility” means a publicly funded community service facility, including but not limited to a fire station, law enforcement station, public school, library, or water/sewer treatment facility; and excluding correction facilities. (Ord. 2011-013 § 2 Exh. B, 2011).

20.97.324 Public market.

“Public market” is defined as a temporary use which allows no new construction but does allow use of existing permanent structures or temporary vendor stalls for retail sales and services designed to accommodate multiple vendors with primarily seller-produced goods including produce and prepared foods. (Ord. 97-035 Att. A; Ord. 96-002, 1996; Ord. 95-028, 1995).

20.97.324.1 Public meeting.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting of a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the county’s project permit application file. (Ord. 96-031 § 2, 1996).

20.97.325 Public and private parks, playgrounds, campgrounds and golf grounds.

“Public and private parks, playgrounds, campgrounds and golf grounds” means areas of land with or without buildings designated for recreational uses.

20.97.327 Public recreation.

“Public recreation” means those recreation facilities developed and maintained by any department or branch of the federal, state or local government, or special purpose district created for the purpose of providing recreation facilities, and such facilities shall be used for public purposes. (Ord. 84-38, 1984).

20.97.329 Public sewer system.

“Public sewer system” means, for land use planning purposes, a system intended to dispose of sewage meeting the definition of WAC 246-272-01001: a sewerage system which is owned or operated by a city, town, municipal corporation, county, or other approved ownership consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal; and approved by or under permit from the Department of Ecology, the Department of Health, and/or a local health officer. (Ord. 2006-061 § 1 (Att. A)(1), 2006; Ord. 86-29, 1986).

20.97.329.1 Public utility.

“Public utility” means a use owned or operated by a public or publicly licensed or franchised agency which provides vital public services such as telephone exchanges, electric substations, radio and television stations, wireless communications services, gas and water regulation stations and other facilities of this nature. (Ord. 2004-014 § 2, 2004; Ord. 2000-006 § 2, 2000).

20.97.330 Public water.

“Public water” means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption as defined by Chapter 24.11 WCC and Chapters 246-290 or 246-291 WAC, as they now exist or are subsequently amended. (Ord. 2005-037 § 1, 2005; Ord. 98-083 Exh. A § 66, 1998; Ord. 86-29, 1986).

20.97.335 Recreational vehicle.

“Recreational vehicle” means a motor vehicle, or portable structure capable of being transported on the highways by a motor vehicle, that is designed and intended for casual or short-term human occupancy for travel, recreational and vacation uses without a permanent foundation; identified by a model number (RV), serial number and vehicle registration number; equipped with limited water storage and other self-contained living facilities. For the purposes of these regulations, the term “recreational vehicle” shall include self-contained campers, motor homes and travel trailers and shall not include park model trailers, as they are not self-contained units. (Ord. 2017-030 § 1 (Exh. D), 2017; Ord. 2000-040 § 1, 2000; Ord. 88-29, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.337 Recreational subdivision.

“Recreational subdivision” means a subdivision created for the purposes of providing private lots primarily for seasonal recreational use. For the purposes of this title, only the following subdivisions are to be considered as recreational subdivisions:

Foothills Subarea: Mt. Baker Rim, Snowline, Paradise Lakes, Camper’s Paradise, Peaceful Valley, the Glen at Maple Falls, Glacier Springs, Glacier Greene, Cascades West, Rivendell Estates, and Jukes Silver Lake Tracts. (Ord. 2000-040 § 1, 2000; Ord. 93-056, 1993).

20.97.340 Recreational vehicle park.

“Recreational vehicle park” means a parcel of private land in which three or more contiguous sites are primarily for occupancy by recreational vehicles for travel, recreation or vacation uses. For mobile home parks, only spaces that are designated and/or are used for recreational vehicles shall constitute a recreational vehicle park. Recreational vehicles set up for occupancy shall be at least 10 feet from each other and any structures on the property. Whether or not intended for occupancy, they shall be at least 10 feet from all structures not on the same property. For the purposes of these regulations, the term “recreational vehicle park” shall include camping clubs. (Ord. 2004-026 § 1, 2004; Ord. 2000-040 § 1, 2000; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.340.1 Rendering.

“Rendering” means the process or business of producing tallow, grease, and high-protein meat and bone meal from animal by-products. (Ord. 2014-041 Exh. A, 2014; Ord. 2013-051 Exh. A, 2013).

*Code reviser’s note: Ordinance 2013-051 adds this section as WCC 20.97.343. The section has been editorially renumbered to avoid duplication of numbering.

20.97.340.2 Rendering plant.

“Rendering plant” means a plant that processes animal by-product materials for the production of tallow, grease, and high-protein meat and bone meal. (Ord. 2014-041 Exh. A, 2014; Ord. 2013-051 Exh. A, 2013).

*Code reviser’s note: Ordinance 2013-051 adds this section as WCC 20.97.343.1. The section has been editorially renumbered to preserve alphabetization.

20.97.341 Replaced hard surface.

“Replaced hard surface” means, for structures, the removal and replacement of hard surfaces down to the foundation; for other hard surfaces, the removal down to bare soil or base course and replacement. (Ord. 2016-045 § 1 Att. A, 2016).

20.97.342 Replaced impervious surface.

“Replaced impervious surface” means, for structures, the removal and replacement of impervious surfaces down to the foundation; for other impervious surfaces, the removal down to bare soil or base course and replacement. (From 2012 DOE Stormwater Manual) (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2013-043 § 1 Exh. C, 2013. Formerly 20.97.341)

20.97.343 Replaced permeable pavement area.

Repealed by Ord. 2016-045. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.344 Reserve area.

When the lot clustering method of land division or subdivision is used, the “reserve area” is an easement on a proposed division, subdivision or short subdivision which is reserved for agricultural, forestry, or open space purposes in perpetuity, or for other future-approved development purposes as specified in the Whatcom County Code. (Ord. 2013-028 § 2 Exh. B, 2013).

20.97.345 Reserve tract.

When the lot clustering method of land division or subdivision is used, the “reserve tract” is that portion of a proposed cluster division, subdivision or short subdivision which is intended for agricultural, forestry, open space, or other future-approved development purposes. A reserve area easement may cover all or part of a reserve tract. A portion of a reserve tract may be developed but development within a reserve area easement shall be limited to that permitted per the reserve area standards for the zoning district in which the tract is located. (Ord. 2013-028 § 2 Exh. B, 2013; Ord. 92-096, 1992).

20.97.346 Residential unit.

“Residential unit” means a family dwelling unit intended for long-term human habitation and occupancy by a resident family. (Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.347 Resident.

“Resident” means one who lives and usually works in the vicinity; not a visitor or transient. (Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.348 Resort-oriented hotel or motel.

“Resort-oriented hotel or motel” means those hotels or motels that not only provide for the primary activities associated with such establishments but also provide for those additional activities and amenities which attract persons to use such hotel or motel facilities. Such activities would include, but not be limited to, golf courses, developed beach areas, convention centers and hiking trails. (Ord. 82-58, 1982).

20.97.349 Restaurant.

“Restaurant” means an establishment where food and beverages are prepared and served for consumption either on or off premises. This term shall include cafes, coffee houses, cabarets and dining rooms, but shall not include taverns. Restaurants may include cocktail lounge and facilities for dancing and live entertainment of patrons; provided, that these activities are clearly accessory to food service; and provided further that these activities are not expressly prohibited in a specific zone. (Ord. 93-038, 1993).

20.97.350 Reclamation.

“Reclamation” means the process of reconverting disturbed lands to their former use or other compatible uses. (Ord. 93-038, 1993).

20.97.350.1 Retail.

“Retail” means the sale of goods or commodities to ultimate consumers, as opposed to sale for further distribution or processing. (Ord. 2008-039 § 1 (Exh. A), 2008).

20.97.351 Ridge.

“Ridge” means a hill that is proportionally longer than it is wider, generally with steeply sloping sides. (Ord. 93-038, 1993).

20.97.352 Road.

“Road” means the entire width between the right-of-way lines of every way for vehicular traffic that has been dedicated, platted, or granted as an easement for that purpose on public or private lands. The term does not include alley, drainage easement, or path, but is intended to include the right(s)-of-way to which properties have vehicular access. (Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.353 Road classification.

“Road classification” means any specific terms referring to type of road such as arterials, collectors, etc., as defined in the Whatcom County Development Standards. (Ord. 2017-030 § 1 (Exh. P), 2017; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.355 Rooming house.

“Rooming house” means any dwelling in which, for compensation, three or more persons, either individually or as families, are housed or lodged, with or without meals. A boarding house, lodging house, tourist home or a furnished room house shall be deemed rooming houses. A rooming house with six or more sleeping units, occupied by transients, shall be deemed a hotel.

20.97.355.1 Runoff.

“Runoff” means the portion of precipitation that does not evaporate or naturally percolate into the ground, but flows via one or more of the following means:

• Surface or overland flow;

• Interflow;

• Shallow ground water;

Into one or more of the following:

• Stormwater drainage facilities;

• Defined surface waterbodies (e.g., rivers, streams, creeks, sloughs, ponds, lakes);

• Springs;

• Seeps;

• Wetlands. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.356 Rural business designation (Type III LAMIRD).

“Rural business designation” means an area that has been designated in the Comprehensive Plan as a limited area of more intensive rural development (LAMIRD), which allows for the intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses, as defined in Washington State law (RCW 36.70A.070(5)(d)(iii). (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011).

20.97.356.1 Rural community.

“Rural community” means an area that has been designated in the Comprehensive Plan as a mixed use LAMIRD based on historic development patterns, as defined in Washington State law (RCW 36.70A.070(5)(d)(i) and (iv)). (Ord. 2011-013 § 2 Exh. B, 2011).

20.97.357 Rural zoning districts.

“Rural zoning districts” means zoning districts that allow rural, agricultural, recreation and forestry activities. These zoning districts include: R2A, R5A, R10A, ROS, Agriculture, and Forestry. This definition is intended for the purpose of regulating clearing activity only. (Ord. 2011-013 § 2 Exh. B, 2011; Ord. 96-013 § 1, 1996).

20.97.360 Seat.

“Seat” means, for purposes of determining the number of off-street parking spaces for certain uses, the number of seats; or the number of seating units installed or indicated; or each 24 lineal inches of benches, pews or space for loose chairs.

20.97.361 Secure community transition facility.

“Secure community transition facility” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary. Pursuant to RCW 71.09.300, a secure community transition facility shall maintain a minimum staffing ratio of one staff per resident during normal waking hours and two awake staff per three residents during normal sleeping hours. In no case shall the staffing ratio permit less than two staff in a secure community transition facility. (Ord. 2004-014 § 2, 2004).

20.97.362 Setback line.

“Setback line” means that line that is the required minimum distance from the street or road right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. (Ord. 99-059, 1999).

20.97.365 Shall.

“Shall” means mandatory action. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.368 Shooting ranges.

“Shooting ranges” typically are indoor and/or outdoor facilities developed and maintained for training and practice firing rifles, handguns and archery equipment. These may also include space for meetings, training, and storage of weapons and ammunition. (Ord. 2004-026 § 1, 2004).

20.97.369 Should.

“Should” means recommended action, but not mandatory or required. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.370 “SIC” group and industry numbers.

“‘SIC’ group and industry numbers” means the group and industry categories established in the Standard Industrial Classification Manual (U.S. Bureau of the Budget, Washington, U.S. Government Printing Office, 1972).

20.97.375 Sign.

“Sign” means any placard, billboard, display, message, design, letters, symbol, light figure, illustration, set of pennants, or other device intended to identify, inform, advertise or attract attention to any private or public premises, and placed mainly outdoors so as to be seen from any public or quasi-public place. Excluded from this definition are official traffic, directional or warning devices; other official public notices; signs required by law; or flag of a government or other noncommercial institution.

20.97.380 Sign, freestanding.

“Freestanding sign” means a self-supporting sign placed off and away from the building to which it is related.

20.97.382 Sign, internally illuminated.

“Internally illuminated sign” means a sign or portion of a sign that is illuminated by a light source that is contained within the sign. (Ord. 2016-035 § 1 (Exh. A), 2016).

20.97.384 Sign, off-premises advertising.

“Off-premises advertising sign” means a sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. (Ord. 90-66 § 1, 1990).

20.97.385 Sign, off-premises.

“Off-premises sign” means a sign situated on premises other than those premises to which the sign’s message is related.

20.97.390 Sign, on-premises.

“On-premises sign” means a sign situated on the premises to which the sign’s message is related.

20.97.395 Sign, private directional.

“Private directional sign” means an off-premises sign which indicates the distance and direction to a private use.

20.97.396 Sign, public agency directional.

“Public agency directional sign” means an off-premises sign owned or endorsed by a public agency which indicates the distance and direction to a public use. (Ord. 90-85, 1990; Ord. 90-66 § 1, 1990).

20.97.400 Sign, projecting.

“Projecting sign” means a sign which is attached to a project at an angle from a building’s exterior wall.

20.97.405 Sign, roof.

“Roof sign” means a sign erected upon, against, or directly above a roof or on top of or above the parapet of a building; signs on and within the top height of mansard roofs shall be considered wall signs.

20.97.410 Sign, surface area.

“Surface area sign” means, for a sign with a message or symbol on any type of solid backing, the entire area of the backing and frame for the backing. For a sign consisting of individual letters and/or symbol(s) placed directly on a building wall or supported independently, surface area shall be the area within the least parallelogram, triangle, circle, semi-circle, or other geometric figure which includes the total message and/or symbol(s). Structural or support elements of the sign, excluding the advertising or backing elements of said sign, shall not be included in the measurement of surface area. The surface area of a freestanding or projecting sign with messages on two sides, designed to be viewed primarily from only one street or road, and with the two sides approximately parallel and not separated by more than one foot, shall be the area of one side only.

20.97.415 Sign, wall.

“Wall sign” means a sign placed upon and parallel to the exterior wall of a building which may not extend above the top of the wall or parapet.

20.97.418 Significant.

“Significant” means a reasonable likelihood of more than a moderate impact. The determination of the significance of the impact should consider the physical setting, the magnitude or duration of the impact, along with its chance of occurring. (Ord. 98-083 Exh. A § 65, 1998).

20.97.419 Significant tree.

See WCC 20.97.436.4, Tree, significant. (Ord. 2016-045 § 1 Att. A, 2016).

20.97.420 Significant water body.

“Significant water body” means a lake or pond larger than 25,000 square feet, but smaller than the minimum specified for regulation in the state shoreline management act; or a perennial stream with flow smaller than the volume specified in the State Shoreline Management Act.

20.97.421 Single-family attached dwelling.

“Single-family attached dwelling” means a group of two or more single-family dwelling units, each on a separate lot of record, which are joined to one another by a common party wall, but having separate outside entrances, and for the purposes of this code include townhouses. (Ord. 2001-024 § 1, 2001).

20.97.422 Single-family dwelling.

“Single-family dwelling” means a residential unit permanently installed and served with utilities. (Ord. 94-002, 1994).

20.97.423 Site area.

“Site area” means, for purposes of calculating the floor area ratio, the measured square footage of any lot, tract or parcel of land, or contiguous lots, tracts or parcels of land to be utilized by a single development and shall exclude all areas devoted to existing access and easements not usable to the present or future surface owner of the parcel. (Ord. 82-58, 1982).

20.97.423.1 Slaughterhouse.

“Slaughterhouse” means a facility that slaughters animals and has as its main product fresh meat as whole, half or quarter carcasses or small meat cuts. Rendering and importation of animal by-products is strictly prohibited in slaughterhouses. Slaughterhouses shall not slaughter poultry. Slaughterhouses exclude temporary, mobile or other on-farm, owner-raised poultry slaughtering operations regulated under Chapter 16-170 WAC and/or Chapter 69.07 RCW that do not require USDA inspection. Agricultural producers who raise poultry may slaughter up to 1,000 poultry raised on their own farm annually subject to the special poultry permit requirements of Chapter 16-170 WAC. Agricultural producers who process between 1,000 and 20,000 poultry a year on their farm are subject to the food processor license requirements of Chapter 69.07 RCW. (Ord. 2014-041 Exh. A, 2014; Ord. 2013-051 Exh. A, 2013).

20.97.424 Slaughtering.

“Slaughtering” means the killing and processing of animals for human consumption. (Ord. 2014-041 Exh. A, 2014; Ord. 2013-051 Exh. A, 2013).

20.97.425 Sleeping unit.

“Sleeping unit” means a separate room in which a bed of any type, including folding or convertible, is provided; such room may or may not have a private bathroom and/or kitchen facilities as an adjunct. A sleeping unit is primarily intended for temporary use by tourists and transients.

20.97.426 Small wind energy system (SWES).

“Small wind energy system (SWES)” means a wind energy conversion system, with a rated output up to and including 100 kW, consisting of: wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. (Ord. 2008-043 § 1, 2008).*

*Code reviser’s note: Ord. 2008-043 added this section as WCC 20.97.434.1. It was editorially renumbered to preserve alphabetization.

20.97.428 Solar access.

“Solar access” means a property owner’s right to have the sunlight shine on the owner’s land. (Ord. 99-080, 1999).

20.97.429 Solid waste handling facilities.

“Solid waste handling facilities” means any facilities for the collection, transfer, treatment, recycling or ultimate disposal of solid waste. There are four types of solid waste handling facilities:

(1) Type I solid waste handling facilities, which are:

(a) Drop box facilities used for the placement of a detachable container including the area adjacent for necessary entrance and exit roads, unloading and turn-around areas. Drop box facilities normally serve the general public with loose loads and receive waste from off-site.

(b) Indoor recycling centers.

(c) Clean-green and yard waste facilities for transfer elsewhere.

(d) Moderate risk waste facilities for transfer elsewhere or recycling.

(2) Type II solid waste handling facilities, which are:

(a) Outdoor recycling yards where materials, other than organic materials, are stored in containers.

(3) Type III solid waste handling facilities, which are:

(a) Municipal solid waste landfills.

(b) Incinerators.

(c) Transfer stations that serve as a collection point for solid waste from large areas of the county or multiple local areas.

(d) Limited purpose landfills and inert waste landfills as defined in WAC 173-350-100.

(e) Piles used for storage or treatment.

(f) Surface impoundments.

(g) Biomedical waste operations.

(h) All other solid waste facilities that are not specifically listed as Type I, II, or IV solid waste facilities.

(4) Type IV solid waste handling facilities, which are:

(a) Composting and mushroom composting facilities. (Ord. 2004-014 § 2, 2004; Ord. 91-013, 1991).

20.97.429.1 State education facilities.

“State education facilities” mean Western Washington University, Whatcom Community College, Bellingham Technical College, and related classroom, research and recreational facilities. They also include any other education facilities on the state’s 10-year capital plan. Storage, office, and similar uses that are not co-located with classroom, research or recreational facilities and that are specifically allowed by the zoning ordinance are not regulated as state education facilities. State education facilities do not include K – 12 education facilities. (Ord. 2004-014 § 2, 2004).*

*Code reviser’s note: Ord. 2004-014 added this section as WCC 20.97.430. It was editorially renumbered to avoid duplication.

20.97.430 STEP.

Repealed by Ord. 2005-048. (Ord. 2002-018 § 2002).

20.97.430.1 Stormwater.

“Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2013-043 § 1 Exh. C, 2013)

20.97.430.2 Stormwater runoff.

Repealed by Ord. 2016-045. (Ord. 2013-043 § 1 Exh. C, 2013)

20.97.431 Stream.

As defined in the Whatcom County critical areas regulations (Chapter 16.16 WCC). (Ord. 96-013 § 1, 1996).

20.97.432 Structure.

“Structure” means that which is built or constructed, a building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 2017-030 § 1 (Exh. U), 2017; Ord. 2004-014 § 2, 2004; Ord. 84-38, 1984. Formerly 20.97.433).

20.97.433 Substance abuse facilities.

“Substance abuse facilities” mean buildings and accessory uses primarily utilized to provide services to persons addicted to alcohol and/or other drugs, persons incapacitated by alcohol and/or drugs, and intoxicated persons. These services include detoxification, outpatient care, residential, and inpatient services. (Ord. 2004-014 § 2, 2004).

20.97.434 Surface mining.

“Surface mining” means the process or business of extracting materials, including but not limited to sand, gravel, shale, rock, coal, soil, peat, or clay, from an open excavation in the earth. This shall not include (1) excavation and grading at building construction sites where such construction is authorized by a valid building permit; or (2) excavation and grading in county road or state highway rights-of-way or in public or private streets for purposes of on-site road construction when the work has been authorized by the engineering division; or (3) excavation and grading for the purpose of developing ponds or manure lagoons where the amount excavated does not exceed 10,000 cubic yards and where the total time of material hauling does not exceed 45 calendar days; or (4) excavation and grading in connection with and at the site of any creek, river or flood control or storm-drainage channel for the purpose of enlarging the hydraulic capacity or changing the location or constructing a new channel or storm drain where such work has been approved by the engineering division; or (5) gravel bar scalping projects within the jurisdiction of the Shoreline Management Program. (Ord. 92-079, 1992).

20.97.435 Thermal power plant.

“Thermal power plant” means an electrical generating facility using any fuel, including nuclear materials, for distribution of electricity by electric utilities.

20.97.435.1 Tower height.

“Tower height” means the distance measured from the grade plane (WCC 20.97.162) to the hub height of the wind turbine. This structure may be freestanding, guyed, or a monopole. (Ord. 2008-043 § 1, 2008).

20.97.435.2 Trailheads.

“Trailheads” are areas used for access to trails. Trailheads may include parking areas, restrooms and garbage collection facilities. (Ord. 2008-043 § 1, 2008; Ord. 2004-026 § 1, 2004. Formerly 20.97.435.1).

20.97.435.3 Trails.

“Trails” mean areas used for walking and hiking. Where these are adequately constructed, then they may be used for bicycling and may meet ADA standards for wheelchair accessibility. Trails may also be used for mountain biking, cross-country skiing and horseback riding where appropriate. (Ord. 2008-043 § 1, 2008; Ord. 2004-026 § 1, 2004. Formerly 20.97.435.2).

20.97.436 Transmission pipeline.

“Transmission pipeline” means a natural gas or hazardous liquid pipeline that transports within a storage field, or transports from an interstate or intrastate pipeline or storage facility to a distribution main or a large volume user, or operates at a hoop stress of 20 percent or more of the specified minimum yield strength or as defined at 49 CFR 192.3, if amended. (Ord. 2002-017 § 1, 2002).

20.97.436.1 Tree canopy.

“Tree canopy” means the total area of the tree(s) where the leaves and outermost branches extend, also known as the dripline. (Ord. 2003-049 § 1, 2003).

20.97.436.2 Tree, hazard.

“Hazard tree” means a tree, either live or dead, having an incurable disease, infestation, defects or stress, singly or combined, in the roots, trunk or primary limbs, which predispose the tree to mechanical failure in whole or in part, and which is located in such a manner that failure may result in property damage or personal injury. (Ord. 2003-049 § 1, 2003).

20.97.436.3 Tree height.

(1) “Small tree” generally indicates a height of less than 25 feet at maturity;

(2) “Medium tree” generally indicates a height of more than 25 feet and less than 40 feet at maturity;

(3) “Large tree” generally indicates a height of more than 40 feet at maturity. (Ord. 2005-079 § 1, 2005).

20.97.436.4 Tree, significant.

Any evergreen tree, 12 inches or greater in diameter at breast height (DBH) or deciduous tree, eight inches or greater DBH. Diameter at breast height shall be measured four and one-half feet above existing grade. The director of planning and development services may authorize the exclusion of any tree, which for reasons of health or age is not desirable to retain, from this definition. (Ord. 2016-045 § 1 Att. A, 2016).

20.97.437 Truck stop.

“Truck stop” means a service station, along with other facilities customarily used by commercial trucking operations during long trips, including truck washing, restaurants, and limited sleeping accommodations. (Ord. 2002-017 § 1, 2002; Ord. 87-65, 1987. Formerly 20.97.436).

20.97.440 Unbuildable land.

See “unsuitable land.” (Ord. 84-38, 1984).

20.97.443 Unsuitable land.

“Unsuitable land” means land exposed to a condition that may cause a hazard on structures or human activity if the land in question is developed. Such lands include, but are not limited to: areas with slopes exceeding 20 percent; unstable geologic formations, as indicated by soil survey and/or past experience of movement or settling of the land; soils of low or variable shear strength or load-bearing capacity; major ground water recharge areas; or areas designated formally by a federal, state or county agency as floodplain or coastal flood hazard areas. (Ord. 84-38, 1984).

20.97.445 Urban zoning districts.

“Urban zoning districts” means zoning districts that allow industrial and commercial activities, and high and medium density residential densities. These zoning districts include: UR, URM, RR, RR-I, NC, RGC, GC, TC, RC, GI, LII, GM, HII, RIM and AO. This definition is intended for the purpose of regulating clearing activity only. (Ord. 2011-013 § 2 Exh. B, 2011; Ord. 96-013 § 1, 1996).

20.97.446 Vegetation maintenance.

“Vegetation maintenance” means lawn maintenance, brush and tree pruning and other normal land maintenance activities involving cutting, removal or planting of vegetation by manual, mechanical, or chemical methods. (Ord. 96-013 § 1, 1996).

20.97.447 Viable nest site.

“Viable nest site” means any nest site (tree(s)) which has/does contained(s) a nest in the past and is likely to have actively nesting eagles in the future as determined by the Washington Department of Wildlife. This will include recently active nest sites including those which recently lost nests but still have nest branch structure capable of supporting a nest. (Ord. 94-032, 1994).

20.97.450 Warehousing.

“Warehousing” means terminal facilities for handling freight with or without maintenance facilities. (Ord. 84-38, 1984).

20.97.452 Water transmission lines.

“Water transmission lines” means pipes used to convey water from source, storage, or treatment facilities to points of distribution or distribution mains, and from source facilities to treatment or storage facilities. This also can include transmission mains connecting one section of distribution system to another section of distribution system as long as this transmission main is clearly defined on the plans and no service connections are allowed along the transmission main. (Ord. 2013-028 § 2 Exh. B, 2013).

20.97.454 Wholesale trade.

“Wholesale trade” means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. (Ord. 84-38, 1984. Formerly 20.97.455).*

*Code reviser’s note: This section was formerly WCC 20.97.455. It was editorially renumbered to preserve alphabetization.

20.97.455 Wildlife rescue rehabilitation facilities.

“Wildlife rescue rehabilitation facilities” means facilities that are authorized by the state of Washington to provide treatment and care of sick, injured, displaced or orphaned wildlife, so that they may be released back into their native habitat. Wildlife species that are held, treated or cared for at the facility shall be native to the region, and care of exotic or tropical animal or bird species shall be prohibited. (Ord. 2008-059 § 1, 2008).

20.97.455.1 Wind energy system (WES).

“Wind energy system (WES)” means a wind energy conversion system, consisting of: wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. (Ord. 2008-043 § 1, 2008).

20.97.455.2 Wind turbine.

“Wind turbine” means the parts of the wind system including the blades, generator and tail. (Ord. 2008-043 § 1, 2008).

20.97.456 Wireless communications facilities.

Repealed by Ord. 2014-042. (Ord. 2000-006 § 3, 2000).

20.97.457 Wireless communications service.

Repealed by Ord. 2014-042. (Ord. 2000-006 § 4, 2000).

20.97.460 Yard, front.

“Front yard” means an open space on a lot, between the road right-of-way (front property line) and the requisite minimum front yard setback line. (Ord. 99-059, 1999; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 83-17, 1983).

20.97.465 Yard, rear.

“Rear yard” means an open space on a lot, between the rear property line and the building closest to the rear property line; provided, that for this definition all structures specified as accessory uses in Urban Residential, Residential Rural, Rural and Agricultural Zone Districts, except home workshops, shall not be considered as buildings. In the case of a lot with more than one road frontage and consequently two rear property lines, the rear yard shall be deemed to be the yard abutting the shorter rear property line; the other yard shall be treated as a side yard. In cases of doubt, the zoning administrator shall make the determination. (Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.470 Yard, side.

“Side yard” means one of two open spaces found on a typical lot, bounded by the front yard, rear yard, the side lot line and the building closest to the side lot line. (Ord. 87-12, 1987; Ord. 87-11, 1987).

20.97.475 Zoning administrator.

“Zoning administrator” means the director of planning and development services or his designee.