Chapter 17.10
DEFINITIONS

Sections:

17.10.001    General meaning.

17.10.005    Accessory building.

17.10.010    Accessory use.

17.10.015    Adult entertainment.

17.10.020    Agriculture.

17.10.025    Agricultural services.

17.10.030    Alley.

17.10.035    Amusement arcade.

17.10.040    Appeal.

17.10.045    Arts and entertainment center.

17.10.050    Automobile sales.

17.10.055    Small inn.

17.10.060    Billboard signs.

17.10.065    Building.

17.10.070    Building height.

17.10.075    Campground other than for RVs.

17.10.080    Cemetery.

17.10.085    Christmas tree farm.

17.10.090    Church.

17.10.095    Clubs and fraternal organization.

17.10.100    Collector.

17.10.105    Commercial greenhouse.

17.10.110    Conditional use.

17.10.115    Condominium.

17.10.120    Convenience store.

17.10.125    Day care center with less than 12 kids.

17.10.130    Day care center with 12 or more kids.

17.10.135    Density.

17.10.140    Drug store/pharmacy.

17.10.145    Dual dwelling or duplex.

17.10.150    Dwelling, multifamily (three to five units).

17.10.155    Dwelling, multifamily (six to 15 units).

17.10.160    Dwelling, multifamily (16+ units).

17.10.165    Dwelling, single-family.

17.10.170    Factory/manufacturing premises.

17.10.175    Family.

17.10.180    Feedlot/rendering plant.

17.10.185    Fire protection.

17.10.190    Funeral home.

17.10.195    Gas station.

17.10.200    Grade.

17.10.205    Grocery store.

17.10.210    Gross floor area.

17.10.215    Repealed.

17.10.220    Health services.

17.10.225    Home enterprise within a separate facility with less than 2,000 square feet.

17.10.230    Home enterprise within home.

17.10.235    Horse arena.

17.10.237    Kennel.

17.10.240    Kiosks.

17.10.245    Labor camp/staging area.

17.10.250    Liquor store.

17.10.255    Lot area or size.

17.10.260    Lot, corner.

17.10.265    Lot depth.

17.10.270    Lot, interior.

17.10.275    Lot line, front.

17.10.280    Lot line, rear.

17.10.285    Lot line, side.

17.10.290    Lot of record.

17.10.295    Lot, tract, or parcel.

17.10.300    Lot width.

17.10.305    Medical services.

17.10.310    Mineral extraction or processing.

17.10.315    Mini-storage facility.

17.10.320    Mobile home parks.

17.10.325    Motel/hotel/inn.

17.10.330    Multi-use building.

17.10.335    Natural grade.

17.10.340    Neighborhood park.

17.10.345    Nonconforming building.

17.10.350    Nonconforming use.

17.10.355    Nursery.

17.10.360    Off-premises sign.

17.10.365    Off-street parking.

17.10.370    Outdoor-oriented recreational use.

17.10.375    Ownership.

17.10.380    Park and ride facility.

17.10.385    Permitted use.

17.10.390    Planned unit development.

17.10.395    Power generation facilities.

17.10.400    Power relay facilities.

17.10.405    Primary building.

17.10.410    Professional office.

17.10.415    Prohibited.

17.10.420    Projecting sign.

17.10.425    Public building.

17.10.427    Public land.

17.10.430    Public service sign.

17.10.435    Race track.

17.10.440    Research facilities.

17.10.445    Restaurant.

17.10.450    Retail store with less than 4,000 square feet of total floor space.

17.10.455    Retail store with a total floor space ranging between 4,001 and 10,000 square feet.

17.10.460    Retail store with a total floor space greater than 10,001 square feet.

17.10.465    Right-of-way.

17.10.470    Rock crushing and asphalt plant.

17.10.475    RV parks and RV overnight parking facilities.

17.10.480    Schools.

17.10.485    Secondhand sales.

17.10.490    Shopping center.

17.10.495    Sign.

17.10.500    Slope.

17.10.505    Solid or liquid waste disposal.

17.10.510    Special use.

17.10.515    Story.

17.10.520    Street.

17.10.525    Structure.

17.10.530    Studio.

17.10.535    Taverns.

17.10.540    Theater, indoor.

17.10.545    Theater, outdoor.

17.10.550    Timber harvesting.

17.10.555    Timber management.

17.10.560    Tower.

17.10.565    Utilities, other than power/sewer.

17.10.567    Vacation/visitor rental.

17.10.570    Vehicle.

17.10.575    Vehicular repair.

17.10.580    Veterinary clinic.

17.10.585    Warehouse.

17.10.590    Wrecking yard.

17.10.595    Yard.

17.10.600    Yards, front.

17.10.605    Yards, interior side.

17.10.610    Yards, rear.

17.10.001 General meaning.

(1) For purposes of defining terms within this code, words used in the present tense include the future, words in the singular include the plural and words in the plural include the singular.

(2) The word “shall” denotes a mandate and the word “may” denotes the use of discretion in making a decision. Words not defined herein shall be construed as defined in the building code of the city of Forks, and other such jurisdiction having authority in such matters.

(3) When no definition is available for a word in contention, the definition provided in the most recent definition of Webster’s Dictionary Collegiate Edition shall be utilized. (Ord. 433 §§ 2.10, 2.20, 1997)

17.10.005 Accessory building.

“Accessory building” means a detached building subordinate to the main building located on the same lot as the main building in which an accessory use is located. (Ord. 433, App. A, 1997)

17.10.010 Accessory use.

“Accessory use” means a subordinate use which is customarily incidental to the primary use of the premises and which does not alter or change the character of the premises. (Ord. 433, App. A, 1997)

17.10.015 Adult entertainment.

“Adult entertainment” means an establishment consisting of, including, or having characteristics of any or all of the following:

(1) “Adult bookstore” means an establishment having a substantial or significant portion of its stock-in-trade books, magazines, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

(2) “Adult cabaret” means (a) an establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (b) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.

(3) “Adult mini-motion picture theater” means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

(4) “Adult motion picture theater” means an enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas. (Ord. 433, App. A, 1997)

17.10.020 Agriculture.

“Agriculture” means the production, keeping, or maintenance, for sale, lease or personal use, of plants and animals to include but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts and berries; or vegetables. (Ord. 433, App. A, 1997)

17.10.025 Agricultural services.

“Agriculture services” means establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticulture services, and farm labor and management services. (Ord. 433, App. A, 1997)

17.10.030 Alley.

“Alley” means a public right-of-way not over 30 feet wide affording a secondary means of vehicular access to abutting lots but which is not intended for general traffic circulation. (Ord. 433, App. A, 1997)

17.10.035 Amusement arcade.

“Amusement arcade” means an outdoor area or open structure, or a building or a part thereof, open to the public, that contains coin-operated games, rides, booths for the conduct of entertainment, including rides, booths for the conduct of games or sale of items, entertainment, or sale of food. (Ord. 433, App. A, 1997)

17.10.040 Appeal.

“Appeal” means in any of the above situations where an appeal is requested the following process shall be used:

(1) Notice will be provided in the manner described above; and

(2) The proceedings shall be open to the public and a recording of the proceedings shall be made; and

(3) At a minimum, the group hearing the appeal shall be provided with the following:

(a) Any and all written documents to include applications, decisions, notices, appeal request, written testimony, and staff report; and

(b) Testimony, written or oral, from the applicant and appellant; and

(c) A written and oral staff report; and

(d) Testimony, written or oral, provided by the public in attendance at the public hearing; and

(4) The control of the meeting shall be the responsibility of either the chair of the Forks planning commission or the mayor, depending upon the body hearing the appeal. (Ord. 433, App. A, 1997)

17.10.045 Arts and entertainment center.

“Arts and entertainment center” means a structure or complex of structures for housing the visual and/or performing arts. Parking requirements shall be established based upon the number of expected patrons attending various events proposed to be hosted within the center. (Ord. 433, App. A, 1997)

17.10.050 Automobile sales.

“Automobile sales” means the use of any building, land area, or other premises for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use. (Ord. 433, App. A, 1997)

17.10.055 Small inn.

“Small inn” means overnight visitor accommodations being leased or rented for transitory stays for periods of less than 30 days; and the facility is no greater than eight lodging units and having no more than a total of 6,000 square feet. (Ord. 629 § 1, 2018; Ord. 433, App. A, 1997)

17.10.060 Billboard signs.

“Billboard signs (sign area greater than 40 square feet)” means a sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. (Ord. 433, App. A, 1997)

17.10.065 Building.

“Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. (Ord. 433, App. A, 1997)

17.10.070 Building height.

“Building height” means vertical distance from the average elevation of the natural grade, as measured along the foundation of the lowest side of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the top of the highest gable of pitch or hip roof. In areas with steep slopes or other unusual topographical character, the commission may allow the height of the building to be computed on another basis as proper for the site and adjoining properties. Such a determination by the commission shall be processed as an administrative appeal. (Ord. 433, App. A, 1997)

17.10.075 Campground other than for RVs.

“Campground other than for RVs” means a plot of ground upon which two or more campsites are located, established, or maintained for occupancy by individuals, except for use by recreational vehicles, as temporary living quarters for recreation, education, or vacation purposes. (Ord. 433, App. A, 1997)

17.10.080 Cemetery.

“Cemetery” means property used for the interring of the dead. (Ord. 433, App. A, 1997)

17.10.085 Christmas tree farm.

“Christmas tree farm” means a land area cultivated for the growing, harvesting, and seasonal marketing of evergreens of relatively small height (less than 18 feet). (Ord. 433, App. A, 1997)

17.10.090 Church.

“Church” means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. (Ord. 433, App. A, 1997)

17.10.095 Clubs and fraternal organization.

“Clubs” and “fraternal organization” means a group of people organized for a common purpose to:

(1) Pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws; or

(2) Share in cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements. (Ord. 433, App. A, 1997)

17.10.100 Collector.

“Collector” means streets designated by the city council as collecting vehicular traffic from local streets and directing it to larger arterials. (Ord. 433, App. A, 1997)

17.10.105 Commercial greenhouse.

“Commercial greenhouse” means a separate building, with a floor area larger than 100 square feet, whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for commercial cultivation of delicate or out-of-season plants for subsequent wholesale or retail sales. (Ord. 433, App. A, 1997)

17.10.110 Conditional use.

Conditional Use. Land use designated as conditional use will require an application for a land use permit to be submitted to the Forks planning commission. The commission will provide notice of the application must be provided to adjacent land owners, and posted on the property. Notice must include the date and time for the conducting of a public hearing which may include other issues such as SEPA, etc. The commission will make a decision within 10 days of the public hearing. Such a decision shall be in writing and include an explanation for the decision made. The commission’s decision must be published in the journal of record for the city. Additional notice of the decision must be provided to adjacent land owners, and posted on the property. Notice of the decision must include explanation of how the decision can be appealed to the Forks city council by the filing of a written appeal of the decision to the planning director with 15 days of the date of the decision. Compliance with other city ordinances (building codes, etc.) will still be required. (Ord. 433, App. A, 1997)

17.10.115 Condominium.

“Condominium” means a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. (Ord. 433, App. A, 1997)

17.10.120 Convenience store.

“Convenience store” means any retail establishment, consisting of less than 3,500 total square feet, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, primarily for off-site consumption. (Ord. 433, App. A, 1997)

17.10.125 Day care center with less than 12 kids.

“Day care center with less than 12 kids” means a licensed establishment providing for the care, supervision, and protection of less than 12 children. (Ord. 433, App. A, 1997)

17.10.130 Day care center with 12 or more kids.

“Day care center with 12 or more kids” means a licensed establishment providing for the care, supervision, and protection of 12 or more children. (Ord. 433, App. A, 1997)

17.10.135 Density.

“Density” means number of units within a specified area; the total number of square feet in a lot divided by the number of dwelling units on the lot. (Ord. 433, App. A, 1997)

17.10.140 Drug store/pharmacy.

“Drug store/pharmacy” means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines. Such a facility shall have on-site parking equal to one parking space per 600 square feet plus one additional parking space per every five full-time or part-time employees. (Ord. 433, App. A, 1997)

17.10.145 Dual dwelling or duplex.

“Dual dwelling” means two separate single-family dwelling units on a single lot where city water and sewer services are available.

“Duplex” means a building on a single lot containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof. (Ord. 650 § 1, 2020; Ord. 433, App. A, 1997)

17.10.150 Dwelling, multifamily (three to five units).

“Dwelling, multifamily (three to five units)” means a building on a single lot containing three to five dwelling units, including units that are located one over the other or units configured in a townhouse format. (Ord. 433, App. A, 1997)

17.10.155 Dwelling, multifamily (six to 15 units).

“Dwelling, multifamily (six to 15 units)” means a building on a single lot containing six to 15 units, including units that are located one over the other or units configured in a townhouse format. (Ord. 433, App. A, 1997)

17.10.160 Dwelling, multifamily (16+ units).

“Dwelling, multifamily (16+ units)” means one or more two- or three-story, multifamily structures, with each structure containing eight to 20 dwelling units and including related off-street parking, open space, and recreation. (Ord. 433, App. A, 1997)

17.10.165 Dwelling, single-family.

“Dwelling, single-family” means a building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards. (Ord. 433, App. A, 1997)

17.10.170 Factory/manufacturing premises.

“Factory/manufacturing premises” means a building in which raw material and semifinished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated, or processed. If heavy equipment is being used within the premises, and such equipment emits sounds that can be heard within 100 feet of the outermost boundary of the property on which the factory is set, a vegetative buffer will be required, in addition to possible building design requirements, to help reduce noise in the surrounding neighborhood. (Ord. 467 § 2, 2000; Ord. 433, App. A, 1997)

17.10.175 Family.

“Family” means an individual, or two or more persons related by blood, marriage, legal custody, or by some other legal arrangement, or a group of persons who are not related by blood, marriage, legal custody or law, living together in a dwelling unit. (Ord. 433, App. A, 1997)

17.10.180 Feedlot/rendering plant.

“Feedlot/rendering plant” means any building, part thereof, or lot of land used for the purpose of either/both: (1) the fattening of livestock prior to final shipment or slaughter; (2) the slaughtering and packaging of livestock in an assembly line fashion, or involving the slaughtering/packaging of more than 100 head per day. (Ord. 433, App. A, 1997)

17.10.185 Fire protection.

“Fire protection” means a public building or facility used for the primary purpose of storing and dispatching fire protection equipment to scenes of emergencies. (Ord. 433, App. A, 1997)

17.10.190 Funeral home.

“Funeral home” means a building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. (Ord. 433, App. A, 1997)

17.10.195 Gas station.

“Gas station” means any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels, servicing and repair of automobiles, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicular accessories. (Ord. 433, App. A, 1997)

17.10.200 Grade.

“Grade” means the elevation of the ground surface. (Ord. 433, App. A, 1997)

17.10.205 Grocery store.

“Grocery store” means any building devoted primarily to the sale of staple foodstuffs and household commodities, which shall include parking at a ratio of six off-street spaces per 100 square feet of gross leasable space. (Ord. 433, App. A, 1997)

17.10.210 Gross floor area.

“Gross floor area” means the total square footage of floor within the supporting structure of a building. (Ord. 433, App. A, 1997)

17.10.215 Group residencies.

Repealed by Ord. 561. (Ord. 433, App. A, 1997)

17.10.220 Health services.

“Health services” means health care facilities as well as establishments providing support to medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services. (Ord. 433, App. A, 1997)

17.10.225 Home enterprise within a separate facility with less than 2,000 square feet.

(1) “Home enterprise within a separate facility with less than 2,000 square feet” means any activity, including professional services, carried out for gain by a resident and conducted in a separate facility, having no more than 2,000 square feet in total floor space, from the resident’s dwelling unit. Such activity may employ no more than five full-time or part-time employees.

(2) Vacation/visitor rentals are a permitted outright use when the separate facility is being leased or rented for transitory stays for periods of less than 30 days; and where the following conditions are being met:

(a) The separate space is no greater than 500 square feet and there are no more than two beds within said space for lease or rent;

(b) Has been added or remodeled pursuant to a properly issued building permit;

(c) Has the following safety equipment installed:

(i) Smoke/fire detectors;

(ii) Fire extinguisher;

(d) Has a legally permitted in-structure restroom;

(e) Has obtained the necessary business licenses, applicable Department of Health license, and registered accordingly with the State Department of Revenue;

(f) No additional parking spaces are required beyond existing parking for the home occupants. (Ord. 629 § 5, 2018; Ord. 433, App. A, 1997)

17.10.230 Home enterprise within home.

“Home enterprise within home” means any activity, including professional services, carried out for gain by a resident and conducted as customary, incidental, and accessory use in the resident’s dwelling unit. Such an enterprise can include the use of no more than two part-time or full-time nonresident employees and shall not require the use of more than 50 percent of the living space of the home to operate. This category does not include day care centers as defined elsewhere. (Ord. 433, App. A, 1997)

17.10.235 Horse arena.

“Horse arena” means an outside area or facility greater than 2,000 square feet in area for the commercial boarding, care, instruction or riding of horses. (Ord. 433, App. A, 1997)

17.10.237 Kennel.

“Kennel” means a commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation. The facility shall also be required to have the approval of the chief of police or their designee with regard to compliance with standards for the keeping of animals. A buffer shall be required between the facility and the adjacent property owners through the use of berms and/or plantings as determined by the Forks planning commission or the city planning director. (Ord. 489 § 2, 2001)

17.10.240 Kiosks.

“Kiosks” means a freestanding structure upon which temporary information and/or posters, notices, and announcements are posted. (Ord. 433, App. A, 1997)

17.10.245 Labor camp/staging area.

“Labor camp/staging area” means facilities which are designed to provide overnight sleeping, waste disposal and one cooking facility to serve the entire facility for the construction industry, timber management, emergency response, etc. (Ord. 433, App. A, 1997)

17.10.250 Liquor store.

“Liquor store” means a licensed retail facility primarily selling alcohol for human consumption. (Ord. 433, App. A, 1997)

17.10.255 Lot area or size.

“Lot area or size” means the total square feet included within the lot lines. (Ord. 433, App. A, 1997)

17.10.260 Lot, corner.

“Lot, corner” means a lot at the junction of and abutting on two or more intersecting streets where the angle of intersection is 135 degrees or less. (Ord. 433, App. A, 1997)

17.10.265 Lot depth.

“Lot depth” means the average horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. (Ord. 433, App. A, 1997)

17.10.270 Lot, interior.

“Lot, interior” means a lot other than a corner lot. (Ord. 433, App. A, 1997)

17.10.275 Lot line, front.

“Lot line, front” means, for corner lots, either boundary of the lot abutting a street, as determined by owner. For interior lots, the boundary abutting the street, except for “panhandle” lots where the front lot line shall be the boundary line (extending the width of the lot) which represents an intersection of the driveway portion of the lot with the buildable area of the lot. (Ord. 433, App. A, 1997)

17.10.280 Lot line, rear.

“Lot line, rear” means the boundary of a lot opposite and most nearly parallel to the front lot line. (Ord. 433, App. A, 1997)

17.10.285 Lot line, side.

“Lot line, side” means any boundary line of a lot which is not a front line or a rear lot line. (Ord. 433, App. A, 1997)

17.10.290 Lot of record.

“Lot of record” means a lot which has been recorded, as required by the laws of the state in the office of the auditor of Clallam County. (Ord. 433, App. A, 1997)

17.10.295 Lot, tract, or parcel.

“Lot, tract, or parcel” shall be an ownership of land in which the boundary is defined by a deed recorded in the county auditor’s office and assigned a tax parcel number (or numbers) by the county assessor. It may be described by metes and bounds or by lot number designated in a recorded plat. (Ord. 433, App. A, 1997)

17.10.300 Lot width.

“Lot width” means the lot area divided by the lot depth. (Ord. 433, App. A, 1997)

17.10.305 Medical services.

“Medical services” means health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services. (Ord. 433, App. A, 1997)

17.10.310 Mineral extraction or processing.

“Mineral extraction or processing” means the extraction of minerals, including solids, such as coal and ores, liquids, such as crude petroleum, and gases, such as natural gas. This also includes quarrying, ground water diversion, soil removal, milling, such as screening, washing, and flotation, and other preparation customarily done at the mine site or as part of mineral extraction activity. (Ord. 433, App. A, 1997)

17.10.315 Mini-storage facility.

“Mini-storage facility” means a building designed for the leasing of small, individual, secured portions to the public which are used for the storage of personal property. (Ord. 433, App. A, 1997)

17.10.320 Mobile home parks.

“Mobile home parks” means a site containing spaces with required improvements and utilities that are leased for the longtime placement of manufactured houses and that may include services and facilities for residents. (Ord. 433, App. A, 1997)

17.10.325 Motel/hotel/inn.

“Motel/hotel/inn” means a facility, having nine or more lodging units, or being greater than 6,000 square feet, that offers short-term lodging accommodations to the general public, and may provide additional services, such as meals, restaurants, meeting rooms, entertainment, and recreational facilities. (Ord. 629 § 2, 2018; Ord. 433, App. A, 1997)

17.10.330 Multi-use building.

“Multi-use building” means a building that has a mixture of commercial and residential uses. (Ord. 433, App. A, 1997)

17.10.335 Natural grade.

“Natural grade” means the elevation of the ground surface in its natural state before manmade alterations. (Ord. 433, App. A, 1997)

17.10.340 Neighborhood park.

“Neighborhood park” means an open area of two to five acres in size and including lawn area, trees, shrubbery, walks, benches, a focal point, such as a fountain or statute, sandbox, play apparatus, and table game area. (Ord. 433, App. A, 1997)

17.10.345 Nonconforming building.

“Nonconforming building” means a building, or a portion thereof, which was lawfully erected and maintained prior to the adoption of the ordinance codified in this title, but which does not conform to the requirements of the zone in which it is located, as provided by this title. (Ord. 433, App. A, 1997)

17.10.350 Nonconforming use.

“Nonconforming use” means a use which was lawfully established and maintained prior to the adoption of the ordinance codified in this chapter, but which does not conform to the requirements (as reflected on the land use matrix) of the zone in which it is located. (Ord. 433, App. A, 1997)

17.10.355 Nursery.

“Nursery” means land used to raise flowers, shrubs and plants for sale, or a retail facility associated with such activities used to market the flowers, shrubs and plants. (Ord. 433, App. A, 1997)

17.10.360 Off-premises sign.

“Off-premises sign” means a sign not located on the premises of the business, institution, or area providing the advertised product or service. (Ord. 433, App. A, 1997)

17.10.365 Off-street parking.

“Off-street parking” means an area not on a street right-of-way for the parking of one or more vehicles having convenient access to a street or alley. (Ord. 433, App. A, 1997)

17.10.370 Outdoor-oriented recreational use.

“Outdoor-oriented recreational use” means improvements and land use activities which are intended to provide for recreation activity which is carried on outside of buildings or which involves the use and enjoyment of features of the surrounding environment to include but not be limited to campgrounds, boat launch facilities, golf courses, and ballfields. (Ord. 433, App. A, 1997)

17.10.375 Ownership.

“Ownership” means possession of the fee title to real estate, or a legal contract to purchase, or a legal contract. (Ord. 433, App. A, 1997)

17.10.380 Park and ride facility.

“Park and ride facility” means a parking lot designed for drivers to leave their cars and use mass transit facilities beginning, terminating, or stopping at the park and ride facility. (Ord. 433, App. A, 1997)

17.10.385 Permitted use.

“Permitted use” means land use designated as permitted will not require a land use permit from the Forks planning director. Compliance with other city ordinances (building codes, etc.) will still be required. (Ord. 433, App. A, 1997)

17.10.390 Planned unit development.

“Planned unit development” means an area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained as a single entity and containing one or more residential clusters; appropriate commercial, public or quasi-public uses may be included if such uses are primary for the benefit of the residential development. (Ord. 433, App. A, 1997)

17.10.395 Power generation facilities.

“Power generation facilities” means a facility built for the primary purpose of generating power, greater than four megawatts, via use of solar, hydro-electric, gas, or steam generators. (Ord. 433, App. A, 1997)

17.10.400 Power relay facilities.

“Power relay facilities” means any land, structure or facility used to transmit, transfer or relay power to or from a distribution grid that can include residential, commercial, industrial, or governmental users. (Ord. 433, App. A, 1997)

17.10.405 Primary building.

“Primary building” means a building in which is conducted the principal use of the lot in which it is located. (Ord. 433, App. A, 1997)

17.10.410 Professional office.

“Professional office” means a building used primarily for conducting affairs of a professional service (e.g., medical, dental, chiropractic, accounting, consulting, cosmetologist, or legal), and may include ancillary services for office workers. (Ord. 433, App. A, 1997)

17.10.415 Prohibited.

Prohibited. Land uses designated as prohibited shall not be granted any permits in those areas where they are prohibited, unless a variance is granted by the Forks city council after a public hearing has occurred, and notice is provided in the manner described for a conditional use. When a variance is granted, by city ordinance, compliance with other city ordinances (building codes, etc.) will still be required. (Ord. 433, App. A, 1997)

17.10.420 Projecting sign.

“Projecting sign” means any sign which extends away from the building or structure to which it is attached. (Ord. 433, App. A, 1997)

17.10.425 Public building.

“Public building” means a building which is used or owned by a governmental agency. (Ord. 433, App. A, 1997)

17.10.427 Public land.

“Public land” shall include all lands owned by a public entity to include the city, a junior taxing district as recognized as such by the county treasurer, a public utility district, or a state agency or its subdivision; provided, that said lands have been designated as public lands by the city council. (Ord. 502 § 1, 2002)

17.10.430 Public service sign.

“Public service sign” means a permanent sign advertising for public or private “not-for-profit” purposes. (Ord. 433, App. A, 1997)

17.10.435 Race track.

“Race track” means an area, building, or facility devoted to the racing of motor vehicles, nonmotorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, and a fixed race track. (Ord. 433, App. A, 1997)

17.10.440 Research facilities.

“Research facilities” means any building, facility or land devoted to or supporting research activities having minimal nuisance characteristics related to odor, noise, glare and radiation. Research is an activity devoted to the obtaining of knowledge and does not include any product retailing or wholesaling activity. Testing for surface and subsurface minerals is not a research activity. (Ord. 433, App. A, 1997)

17.10.445 Restaurant.

“Restaurant” means an establishment where food and drink are prepared, served, and consumed primarily within the principal building. (Ord. 433, App. A, 1997)

17.10.450 Retail store with less than 4,000 square feet of total floor space.

“Retail store with less than 4,000 square feet of total floor space” means a building, having less than 4,000 square feet of total floor space, devoted primarily to the sale of a product, group of products, or services to the general public. This does not include agriculture services, nursery, grocery store, convenience store, medical services, professional offices, liquor stores, adult entertainment, drugstore/pharmacy, shopping center, or automobile sales. (Ord. 433, App. A, 1997)

17.10.455 Retail store with a total floor space ranging between 4,001 and 10,000 square feet.

“Retail store with a total floor space ranging between 4,001 and 10,000 square feet” means a building, having between 4,001 and 10,000 square feet of total floor space, devoted primarily to the sale of a product, group of products, or services to the general public. This does not include agriculture services, nursery, grocery store, convenience store, medical services, professional offices, liquor stores, adult entertainment, drugstore/pharmacy, shopping center, or automobile sales. (Ord. 433, App. A, 1997)

17.10.460 Retail store with a total floor space greater than 10,001 square feet.

“Retail store with a total floor space greater than 10,001 square feet” means a building, having a total floor space greater than 10,001 square feet, devoted primarily to the sale of a product, group of products, or services to the general public. This does not include agriculture services, nursery, grocery store, convenience store, medical services, professional offices, liquor stores, adult entertainment, drugstore/pharmacy, shopping center, or automobile sales. (Ord. 433, App. A, 1997)

17.10.465 Right-of-way.

“Right-of-way” means land over which the public has full dominance to place alleys, streets, roads, rail tracks, or utility lines. (Ord. 433, App. A, 1997)

17.10.470 Rock crushing and asphalt plant.

“Rock crushing and asphalt plant” means a facility used for the purpose of milling rock, such as screening, washing, and flotation, and other preparation customarily done with rock and gravel on-site for the purpose of sale or transport for sale or use off-site. In addition, the use of the facility to make or produce paving materials such as asphalt, concrete, etc. (Ord. 433, App. A, 1997)

17.10.475 RV parks and overnight RV parking facilities.

(1) “RV parks” means land within established locations for the temporary use, less than 60 days, in any one lot or space by recreational vehicles that serve as living quarters for recreational, education, or vacation purposes; as well as for use by nonresidential workers. Such lots must comply with all applicable city, county and state rules and regulations, to include applicable health codes. An RV park is further characterized as being one where the visiting user has access to stand-alone restrooms, sink and shower facilities, common park, telephone services, utility services such as water, sewer or approved septic wastes, privacy fence if necessary as well as other amenities. Even when permitted outright by the zoning code, all such developments must undergo a State Environmental Policy Act (SEPA) as described elsewhere within the Forks Municipal Code.

(2) “RV overnight parking facilities” means land within established locations for the temporary use, less than 60 days, in any one lot or space by recreational vehicles that serve as living quarters for recreational, education, or vacation purposes; as well as for use by nonresidential workers. Such facilities are limited to no more than 10 designated, easily discernible parking locations that provide water, sewer or approved on-site septic disposal, and electrical utilities, as well as a means of legally disposing of solid waste. Such facilities may be required, as part of the permitting process, to address such things as traffic ingress and egress, stormwater drainage, on-site lighting, privacy fence, solid waste, fire hydrants, etc. through a review of the development under the State Environmental Policy Act (SEPA).

(3) “Recreational vehicle” means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. (Ord. 587 § 1, 2011; Ord. 433, App. A, 1997)

17.10.480 Schools.

“Schools” means any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge. With regard to parking facilities, each school shall maintain an on-site parking ratio of two parking spaces per every 10 employees, either full-time or part-time. In addition, one additional on-site parking unit shall be added to the number above for every 35 projected students to be enrolled at the facility. Finally, if the school is going to enroll students of a driving age, an additional on-site parking unit shall be added to the above at the ratio of one parking space per every five projected driving age students. (Ord. 433, App. A, 1997)

17.10.485 Secondhand sales.

“Secondhand sales” means sales of items previously owned by other people. (Ord. 433, App. A, 1997)

17.10.490 Shopping center.

“Shopping center” means a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. (Ord. 433, App. A, 1997)

17.10.495 Sign.

“Sign” means any structure, or part thereof, or any device attached, painted, or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation which is intended to draw attention to a product, service, business or person, or institution or location. It is visible from off-premises. Legal notices and safety and directional devices are excluded. (Ord. 433, App. A, 1997)

17.10.500 Slope.

“Slope” means the horizontal distance divided into the average vertical rise over that distance. (Ord. 433, App. A, 1997)

17.10.505 Solid or liquid waste disposal.

“Solid or liquid waste disposal” means a facility or building used for the collection, storage, and disposal of unwanted solid waste materials, including material with insufficient liquid content to be free flowing, or the organic waste and wastewater generated by residential, industrial, and commercial establishments. (Ord. 433, App. A, 1997)

17.10.510 Special use.

Special Use. Land use designated as special use will require an application for a land use permit to be submitted to the Forks planning director. The director’s decision must be published in the journal of record for the city. Additional notice of the decision must be provided to adjacent land owners, and posted on the property. Notice must include explanation of how the decision can be appealed to the Forks planning commission by the filing of a written appeal of the decision to the planning director within 15 days of the date of the decision. Compliance with other city ordinances (building codes, etc.) will still be required. (Ord. 433, App. A, 1997)

17.10.515 Story.

“Story” means that portion of a building included between the upper surfaces of any floor and the surface of the next floor or roof above. (Ord. 433, App. A, 1997)

17.10.520 Street.

“Street” means a public way established by or maintained under public authority, or a private way open for public use, and a private way plotted or laid out for ultimate public use, whether or not constructed. (Ord. 433, App. A, 1997)

17.10.525 Structure.

“Structure” means anything constructed, or erected, which requires location on the ground, or is attached to something having location on the ground. (Ord. 433, App. A, 1997)

17.10.530 Studio.

“Studio” means (1) the workshop of an artist, sculptor, photographer, or craftsperson that is not located on the same’s residential lot as permitted elsewhere within the zoning code; (2) a place for radio or television production; and/or (3) a place where movies are produced. (Ord. 433, App. A, 1997)

17.10.535 Taverns.

“Taverns” means a licensed establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as an accessory to the primary use. (Ord. 433, App. A, 1997)

17.10.540 Theater, indoor.

“Theater, indoor” means a building or part of a building devoted to showing motion pictures. (Ord. 433, App. A, 1997)

17.10.545 Theater, outdoor.

“Theater, outdoor” means an open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles. (Ord. 433, App. A, 1997)

17.10.550 Timber harvesting.

“Timber harvesting” means the act of cultivating and harvesting of trees that will have only a minimal impact on neighboring residential uses when undertaken in low density areas. Such activities may include timber harvesting, land preparation for tree planting, temporary road construction, tree thinning, brush control, temporary storage of logs, materials, vehicles and equipment supporting timber growing on-site, and temporary chipping and barking of timber harvested on-site utilizing portable equipment. (Ord. 433, App. A, 1997)

17.10.555 Timber management.

“Timber management” means improvements and activities associated with growing and harvesting of trees. Such activity includes land preparation for tree planting, road construction, tree thinning, brush control, log storage and sorting yards, tree nursery facilities, research activity related to timber growing, improvements required for environmental impact mitigation, temporary chipping and barking activity utilizing portable equipment, storage of materials, vehicles and equipment supporting timber growing, harvesting and transportation activities, staging areas and facilities, timber transshipment facilities, log scaling facilities, the extraction of gravel and rock necessary to support timber management activity (so long as such extraction does not become the primary activity upon such a site), and all other silviculture and associated practices which are recognized by and consistent with the regulations of the Washington State Forest Practices Act of 1974. (Ord. 433, App. A, 1997)

17.10.560 Tower.

“Tower” means a structure that is intended to send and/or receive radio, telephonic and television communications. (Ord. 433, App. A, 1997)

17.10.565 Utilities, other than power/sewer.

“Utilities, other than power/sewer” means facilities or land used for the purpose of generating, transmitting, and/or distributing communication signals and water to residential, commercial, public and industrial users. Does not include a tower as defined elsewhere within this chapter. (Ord. 433, App. A, 1997)

17.10.567 Vacation/visitor rental.

“Vacation/visitor rental” means any activity where the entirety of a structure is being leased or rented as a single unit for transitory stays for periods of less than 30 days and which may, or may not, require additional licenses from local and/or state agencies. When an existing use associated with a building is being converted to this purpose, the separate designation within the land use matrix (FMC 17.15.060) shall be controlling as to the nature of the permit required. (Ord. 629 § 3, 2018)

17.10.570 Vehicle.

“Vehicle” means all self-propelled instrumentalities used for the movement of persons or property and any trailers for such instrumentalities. (Ord. 433, App. A, 1997)

17.10.575 Vehicular repair.

“Vehicular repair” means a building and facility whose primary purpose is the maintenance, servicing, repair, or painting of vehicles without the sale of fuel being an accessory use. (Ord. 433, App. A, 1997)

17.10.580 Veterinary clinic.

“Veterinary clinic” means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to or in conjunction with the medical treatment provided. This definition shall not be applied to those facilities that breed and/or board animals in addition to medical treatment. Nor shall this definition apply to facilities that conduct experiments with animals. (Ord. 489 § 2, 2001)

17.10.585 Warehouse.

“Warehouse” means a building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field. (Ord. 433, App. A, 1997)

17.10.590 Wrecking yard.

“Wrecking yard” means any area of a lot, building, or facility used for the storage, collection, processing, purchase, sale, salvage, or disposal motor vehicles, and/or heavy equipment and machinery. In addition to proper state licenses, such facilities shall be required to have a buffer between their property and adjacent properties that can include any and all of the following, as required by the planning director and the building director: berms, fencing, walls, plantings, etc. (Ord. 433, App. A, 1997)

17.10.595 Yard.

“Yard” means an open space abutting a lot line unobstructed and unoccupied from the ground upward by any building or structure. A yard shall extend into the lot to the drip line of the building. (Ord. 433, App. A, 1997)

17.10.600 Yards, front.

“Yards, front” means an open space extending the full width of the lot between a main building and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of main building. (Ord. 433, App. A, 1997)

17.10.605 Yards, interior side.

“Yards, interior side” means any side yard, not on the street side of a corner lot. (Ord. 433, App. A, 1997)

17.10.610 Yards, rear.

“Yards, rear” means an open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward. (Ord. 433, App. A, 1997)