Chapter 17.08


17.08.010    Generally.

17.08.020    Accessory building.

17.08.030    Accessory use.

17.08.040    Affordable housing.

17.08.045    Affordable income levels.

17.08.050    Alley.

17.08.060    Ancillary dwelling unit.

17.08.070    Bed and breakfast.

17.08.080    Buffer or buffer zone.

17.08.090    Building.

17.08.100    Building area.

17.08.110    Commercial parking lots.

17.08.120    Commercial use.

17.08.130    Comprehensive plan.

17.08.140    Conditional use.

17.08.150    Density.

17.08.160    Development.

17.08.170    Development regulations.

17.08.180    Downtown core area.

17.08.190    Dwelling.

17.08.200    Dwelling, multifamily.

17.08.210    Dwelling, single-family.

17.08.220    Dwelling unit.

17.08.230    Excavation.

17.08.240    Facilities.

17.08.250    Factory-built structure.

17.08.260    Family.

17.08.265    Fence.

17.08.270    Filling.

17.08.280    Floor area.

17.08.290    Friday Harbor urban growth area.

17.08.300    Garage.

17.08.310    Governmental services.

17.08.320    Grade level, average.

17.08.330    Health care facility.

17.08.340    Height.

17.08.350    Home occupation.

17.08.360    Intensity.

17.08.370    Land use administrator.

17.08.380    Lot.

17.08.390    Lot area.

17.08.400    Lot, corner.

17.08.410    Lot coverage.

17.08.420    Lot line, front.

17.08.430    Lot line, rear.

17.08.440    Lot line, side.

17.08.450    Lot, through.

17.08.454    Marijuana licensee.

17.08.455    Marijuana processor.

17.08.456    Marijuana producer.

17.08.457    Marijuana retailer.

17.08.460    Mobile home.

17.08.470    Mobile home park.

17.08.480    Nonconforming lot.

17.08.490    Nonconforming structure.

17.08.500    Nonconforming use.

17.08.510    Open space.

17.08.520    Parking lot.

17.08.530    Parking space.

17.08.540    Performance standards.

17.08.545    Permanently affordable housing.

17.08.550    Principal use.

17.08.560    Professional service.

17.08.570    Street.

17.08.580    Structure.

17.08.590    Structure, utility.

17.08.600    Technical service.

17.08.610    Trailer.

17.08.620    Transient accommodations.

17.08.630    Use.

17.08.640    Variance.

17.08.650    Vessel.

17.08.660    Yard.

17.08.670    Yard, front.

17.08.680    Yard, rear.

17.08.690    Yard, side.

17.08.700    Zone.

17.08.010 Generally.

For the purpose of this title, the terms set out in this chapter shall have the meanings indicated. (Ord. 1172 § 6, 2001)

17.08.020 Accessory building.

“Accessory building” means a subordinate building which houses an accessory use. (Ord. 1172 § 6(A), 2001)

17.08.030 Accessory use.

“Accessory use” means a use customarily incidental and related to the principal use on the same lot. (Ord. 1172 § 6(B), 2001)

17.08.040 Affordable housing.

“Affordable housing” is housing where the occupants pay no more than 30 percent of gross monthly income for total housing costs, including the cost of property taxes and insurance for homeowners and monthly utilities, excluding telephone, for owners and renters. Except where further specified in the comprehensive plan and this code, “affordable housing” refers to such housing serving as the primary residence for very low-, low-, moderate-, and middle-income households. (Ord. 1372 § 1, 2008; Ord. 1189 § 4, 2002; Ord. 1172 § 6(C), 2001)

17.08.045 Affordable income levels.

“Affordable income levels” means income thresholds used to develop eligibility standards for the housing programs run by the housing bank conform to Federal HUD standards for Section I programs as follows:

A. Very low-income: zero to 50 percent of median income in San Juan County.

B. Low-income: greater than 50 percent and up to 80 percent of median income in San Juan County.

C. Moderate-income: greater than 80 percent and up to 95 percent of median income in San Juan County.

D. Middle-income: greater than 95 percent and up to 120 percent of median income in San Juan County. (Ord. 1372 § 2, 2008)

17.08.050 Alley.

“Alley” means a public thoroughfare or private way which is not a direct access, but serving as a secondary means of ingress and egress to abutting property. (Ord. 1172 § 6(D), 2001)

17.08.060 Ancillary dwelling unit.

“Ancillary dwelling unit” means a dwelling unit that is subordinate to the principal use of the property where that principal use is nonresidential. (Ord. 1172 § 6(E), 2001)

17.08.070 Bed and breakfast.

“Bed and breakfast” means a business which provides nightly lodging accommodations for transient guests in a dwelling which shall at the same time serve as the primary residence of the owners or operators of said business. No business shall be so defined which offers more than five sleeping rooms for transient accommodation. No business which is so defined shall offer food or beverage for compensation to any persons other than the transient guests being accommodated therein. (Ord. 1172 § 6(F), 2001)

17.08.080 Buffer or buffer zone.

“Buffer” or “buffer zone” means a neutral area between two areas of concern of sufficient width and quality to ensure that activities on one property do not negatively impact the other. The buffer might consist of open space, landscaped areas, undisturbed areas of natural vegetation, fences, walls, berms, or any combination thereof. (Ord. 1172 § 6(G), 2001)

17.08.090 Building.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy. (Ord. 1172 § 6(H), 2001)

17.08.100 Building area.

“Building area” means the ground area encompassed within the walls of a building. (Ord. 1172 § 6(I), 2001)

17.08.110 Commercial parking lots.

“Commercial parking lots” means any parcel, parcels, or portions thereof used for the short-term parking of vehicles for compensation on a pay per use, rent or lease basis. (Ord. 1172 § 6(L), 2001)

17.08.120 Commercial use.

“Commercial use” means the providing of goods or services for compensation. (Ord. 1172 § 6(J), 2001)

17.08.130 Comprehensive plan.

“Comprehensive plan” means the 2001 Town of Friday Harbor Comprehensive Plan as adopted in FHMC 17.12.010. (Ord. 1172 § 6(K), 2001)

17.08.140 Conditional use.

“Conditional use” means a non-permitted use listed among those in a zone which may be allowed only if a permit specifying the terms and conditions of the use is issued. (Ord. 1172 § 6(M), 2001)

17.08.150 Density.

“Density” means a measure of the intensity of development, generally expressed in terms of dwelling units per acre. Density can also be expressed in terms of population (i.e., people per acre). (Ord. 1172 § 6(N), 2001)

17.08.160 Development.

“Development” means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, and any mining, excavation, filling, or other associated land disturbance. (Ord. 1172 § 6(O), 2001)

17.08.170 Development regulations.

“Development regulations” means controls placed on development or land use activities by the provisions of FHMC Titles 15 through 19. (Ord. 1172 § 6(P), 2001)

17.08.180 Downtown core area.

“Downtown core area” means the area, as platted in 1979, bounded by the following streets plus the lots or parcels abutting the boundary streets: From the tidal water on the extension of Court Street, via Court Street to Second Street; thence to Spring Street; thence to Argyle Avenue; thence to Nichols Avenue; thence to A Street; thence to East Street and to tidal water. The downtown core is depicted in the downtown core map which is attached to the ordinance codified in this title as Exhibit C. (Ord. 1172 § 6(Q), 2001)

17.08.190 Dwelling.

“Dwelling” means a building or portion thereof designed or used as a dwelling unit. (Ord. 1172 § 6(R), 2001)

17.08.200 Dwelling, multifamily.

“Multifamily dwelling” means a building designed or used as a residence for two or more families. (Ord. 1172 § 6(S), 2001)

17.08.210 Dwelling, single-family.

“Single-family dwelling” means a building designed or used as a residence for only one family. (Ord. 1172 § 6(T), 2001)

17.08.220 Dwelling unit.

“Dwelling unit” means a suite of one or more rooms containing living, sleeping, bathing and cooking facilities for occupancy by one family. (Ord. 1172 § 6(U), 2001)

17.08.230 Excavation.

“Excavation” means the removal of natural earth material from its original or established location. (Ord. 1172 § 6(V), 2001)

17.08.240 Facilities.

“Facilities” means the physical structure or structures in which a service is provided. (Ord. 1172 § 6(W), 2001)

17.08.250 Factory-built structure.

“Factory-built structure” means a structure that is designed for occupation, or use, or is occupied or used by persons, and that complies with the Uniform Building Code. Factory-built structures include factory-built housing and commercial structures. (Ord. 1172 § 6(X), 2001)

17.08.260 Family.

“Family” means one or more persons who live in one dwelling unit and maintain one household. Any number of such persons, related by kinship or marriage, constitutes a family. A group of more than five persons not related by kinship or marriage shall not constitute a family. (Ord. 1172 § 6(Y), 2001)

17.08.265 Fence.

“Fence” means a structure serving as an enclosure, a barrier, or a boundary, usually made of posts or stakes joined together by boards, wire, or rails, and serving no other purpose other than defining a boundary. (Ord. 1372 § 3, 2008)

17.08.270 Filling.

“Filling” means the deposition of any material on a site which raises the surface elevation above its original natural elevation. (Ord. 1172 § 6(Z), 2001)

17.08.280 Floor area.

“Floor area” means the total area of all floors within the walls of a building. (Ord. 1172 § 6(AA), 2001)

17.08.290 Friday Harbor urban growth area.

“Friday Harbor urban growth area” means the area designated by San Juan County pursuant to RCW 36.70A.110. (Ord. 1172 § 6(BB), 2001)

17.08.300 Garage.

“Garage” means a building or portion of a building designed or used for the shelter of motor vehicles approved for travel on state highways, and enclosed on at least three sides. (Ord. 1172 § 6(CC), 2001)

17.08.310 Governmental services.

“Governmental services” means those activities of governmental agencies which primarily involve information processing, record keeping, or direct interaction with members of the public in a manner and setting that is comparable to either commercial or professional/personal service activities, including fire stations. (Ord. 1372 § 4, 2008; Ord. 1172 § 6(EE), 2001)

17.08.320 Grade level, average.

“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel or tract of real property which will be directly under the proposed building or structure; provided, that in the case of structures to be built over water, the average grade level shall be the elevation of ordinary high water. (Ord. 1172 § 6(DD), 2001)

17.08.330 Health care facility.

“Health care facility” means a building or buildings used for human health care. (Ord. 1172 § 6(FF), 2001)

17.08.340 Height.

“Height” shall be measured from average grade level, as defined in FHMC 17.08.320, to the highest point of a structure; provided, that appurtenances such as television antennas, chimneys, required elevator overruns, and required fire-resistant parapets shall not be used in calculating height, except as provided in FHMC 17.64.070(C) and (E), historical preservation. (Ord. 1372 § 5, 2008; Ord. 1172 § 6(GG), 2001)

17.08.350 Home occupation.

“Home occupation” means any business or commercial use in a dwelling unit or accessory building, which activity is not generally or customarily characteristic of activities for which dwelling units are intended or designed. Such activity shall be incidental and secondary to the residential use of a dwelling unit, shall be conducted only by persons residing in the dwelling, and shall not include activities relating to a marijuana licensee as defined in this chapter. All permitted business activity must be conducted between the hours of 8:00 a.m. and 9:00 p.m. and shall not generate more than five business-related visits per day, except for persons residing in the dwelling. No noise, vibration, emissions, dust, odor, heat or glare that would exceed what is normally associated with a dwelling shall be produced by the business activity beyond the subject property. No outdoor storage or other exterior indication of the business shall be visible beyond the subject property. Signage shall be limited to one exterior/wall sign, as defined in FHMC Title 14, which shall not exceed two square feet in area. (Ord. 1520 § 2, 2013; Ord. 1172 § 6(HH), 2001)

17.08.360 Intensity.

“Intensity” means a measure of land use activity based on density, use, mass, size and impact. (Ord. 1172 § 6(II), 2001)

17.08.370 Land use administrator.

“Land use administrator” means the person or persons designated by the town to perform the administrative functions required by this title. (Ord. 1172 § 6(JJ), 2001)

17.08.380 Lot.

“Lot” means a platted or unplatted parcel or tract of land created pursuant to town ordinance or state statute in one ownership. (Ord. 1172 § 6(KK), 2001)

17.08.390 Lot area.

“Lot area” means the total horizontal area within the lot lines, excluding any area seaward of the line of ordinary high water and any easements or rights-of-way, except those required to provide residential utility service. (Ord. 1172 § 6(LL), 2001)

17.08.400 Lot, corner.

“Corner lot” means a lot bounded on two adjacent sides by streets or alleys. (Ord. 1172 § 6(NN), 2001)

17.08.410 Lot coverage.

“Lot coverage” means that portion of the total lot area that may be covered by structures, exclusive of roof eaves. (Ord. 1172 § 6(MM), 2001)

17.08.420 Lot line, front.

“Front lot line” means the lot line separating the lot from any street. (Ord. 1172 § 6(OO), 2001)

17.08.430 Lot line, rear.

“Rear lot line” means the lot line opposite and most distant from the front lot line. When the lot extends to tidal water, the rear lot line is the line of ordinary high water. (Ord. 1172 § 6(PP), 2001)

17.08.440 Lot line, side.

“Side lot line” means any lot line not located at the front or rear of the lot. (Ord. 1172 § 6(QQ), 2001)

17.08.450 Lot, through.

“Through lot” means a lot having frontage on two streets that do not intersect at a lot line. (Ord. 1172 § 6(RR), 2001)

17.08.454 Marijuana licensee.

“Marijuana licensee” means a person or entity duly licensed by the state of Washington to process, produce or retail marijuana for recreational purposes as set forth in Chapter 314-55 WAC. (Ord. 1520 § 1, 2013)

17.08.455 Marijuana processor.

“Marijuana processor” means a person or entity duly licensed by the state of Washington pursuant to Chapter 314-55 WAC to process, package, and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers, as set forth in WAC 314-44-075, as may be amended. (Ord. 1520 § 1, 2013)

17.08.456 Marijuana producer.

“Marijuana producer” means a person or entity duly licensed by the state of Washington pursuant to Chapter 314-55 WAC to produce, or grow, marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees, as set forth in WAC 314-55-077, as may be amended. (Ord. 1520 § 1, 2013)

17.08.457 Marijuana retailer.

“Marijuana retailer” means a person or entity duly licensed by the state of Washington pursuant to Chapter 314-55 WAC to sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons 21 years of age and older, as set forth in WAC 314-55-079, as may be amended. (Ord. 1520 § 1, 2013)

17.08.460 Mobile home.

“Mobile home” means any vehicle designed or used as a dwelling unit except motor homes, campers and travel trailers. (Ord. 1172 § 6(SS), 2001)

17.08.470 Mobile home park.

“Mobile home park” means a tract of land designed and maintained under a single ownership of unified control where two or more spaces or pads are provided solely for the placement of mobile or manufactured homes for residential purposes with or without charge. (Ord. 1172 § 6(TT), 2001)

17.08.480 Nonconforming lot.

“Nonconforming lot” means any lot which was lawfully created or existing prior to adoption of this title, or applicable amendments thereto, but which does not conform to the provisions of this title. (Ord. 1172 § 6(UU), 2001)

17.08.490 Nonconforming structure.

“Nonconforming structure” means a structure which was lawfully designed and constructed prior to adoption of this title, or applicable amendments thereto, but which does not conform to the provisions of this title. (Ord. 1172 § 6(VV), 2001)

17.08.500 Nonconforming use.

“Nonconforming use” means a use which lawfully occupied a building, structure, or lot prior to adoption of this title, or applicable amendments thereto, but which does not conform to the provisions of this title. (Ord. 1172 § 6(WW), 2001)

17.08.510 Open space.

“Open space” means a landscape that is primarily unimproved. Open space may include critical areas, wooded areas, parks, trails, nature reserves, utility corridors, and vacant rights-of-way. (Ord. 1172 § 6(XX), 2001)

17.08.520 Parking lot.

“Parking lot” means an area intended to accommodate three or more parked cars. (Ord. 1172 § 6(YY), 2001)

17.08.530 Parking space.

“Parking space” means a space on a lot within or without a building, exclusive of access drives, intended to accommodate a parked car, except for single-family residence. (Ord. 1172 § 6(ZZ), 2001)

17.08.540 Performance standards.

“Performance standards” means criteria that are established and must be met before a certain use will be permitted. These measures are designed to guide development of property and include, but are not limited to, open space requirements, water and wastewater requirements, buffer zones, screening, size and height limits for buildings, noise, vibration, glare, heat, air or water contaminants, and traffic. (Ord. 1172 § 6(AAA), 2001)

17.08.545 Permanently affordable housing.

A. “Permanently affordable housing” means that there must be an enforceable legal document in place, such as a ground lease or deed restriction, specifying a resale formula designed to keep homes affordable for a minimum of 99 years to future owners with qualifying incomes that do not exceed a set percentage of the median income (as defined by HUD). There must also be a process in place ensuring that a specified government agency or nonprofit organization be notified prior to any transfer of ownership, and that agency or organization ensures that the new purchaser meets the income levels established at the time the home was built.

B. “Rental properties” are to be considered permanently affordable. Owners of rental units must agree to limit rental increases to the increase in the Consumer Price Index for the area or to the increase in the average salary income, whichever is lower, for a period of at least 50 years. (Ord. 1372 § 6, 2008)

17.08.550 Principal use.

“Principal use” means the primary or predominant use to which the lot or building is or may be devoted, to which all other uses are accessory or ancillary. (Ord. 1172 § 6(BBB), 2001)

17.08.560 Professional service.

“Professional service” means commercial transactions characterized primarily by the providing of service directly to the customer, patient, or client where any goods provided are incidental to the service provided. (Ord. 1172 § 6(CCC), 2001)

17.08.570 Street.

“Street” means all streets, highways, avenues, lanes, courts, places, squares, curbs, or other public ways in this town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. (Ord. 1172 § 6(DDD), 2001)

17.08.580 Structure.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. This shall not include parking and walking surfaces at or near grade level and shall not include standards or poles for the limited purpose of displaying national, state, or local government flags. (Ord. 1227 § 2, 2003; Ord. 1172 § 6(EEE), 2001)

17.08.590 Structure, utility.

“Utility structure” means any above or below ground structure or building designed to house equipment only, and not intended for any human occupancy except for maintenance and servicing or occasional monitoring of said equipment. (Ord. 1172 § 6(FFF), 2001)

17.08.600 Technical service.

“Technical service” means commercial transactions characterized primarily by providing of service to the personal property owned by the customer where any goods provided are incidental to the service provided. (Ord. 1172 § 6(GGG), 2001)

17.08.610 Trailer.

“Trailer” means a vehicle designed for highway use and for short-term living, small enough to be towed by a standard automobile or light truck (travel trailer). (Ord. 1172 § 6(HHH), 2001)

17.08.620 Transient accommodations.

“Transient accommodations” means the rental of any building or portion thereof used for the purpose of providing lodging for periods of less than 30 days. For rentals on the first floor or pedestrian levels, there shall be a minimum of four units within the development under the same ownership. (Ord. 1372 § 7, 2008; Ord. 1172 § 6(III), 2001)

17.08.630 Use.

“Use” means the purpose land, buildings, or structures now serve or for which such is occupied, arranged, designed or intended. (Ord. 1172 § 6(JJJ), 2001)

17.08.640 Variance.

“Variance” means the process by which an adjustment is made in the application of the specific performance regulations of this title to a specific piece of property, which, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in privileges. (Ord. 1172 § 6(KKK), 2001)

17.08.650 Vessel.

“Vessel” means ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with normal public use of the water (WAC 173-27-030(18)). (Ord. 1172 § 6(LLL), 2001)

17.08.660 Yard.

“Yard” means an open space on a lot or parcel which is required by this chapter to be unoccupied and unobstructed from the ground upward to the sky except for decks, platforms, or walks less than 30 inches above the ground at any point, and except for permitted roof overhangs and fences. (Ord. 1372 § 8, 2008; Ord. 1172 § 6(MMM), 2001)

17.08.670 Yard, front.

“Front yard” means the area extending across the full width of the lot between the principal building and the front lot line measured horizontally from the nearest part of the principal building as required by the section of this title for the zone in which the lot is located, and in the case of a corner lot may be either frontage. (Ord. 1172 § 6(NNN), 2001)

17.08.680 Yard, rear.

“Rear yard” means the area extending across the full width of the lot between the principal building and the rear lot line measured horizontally from the farthest part of the principal building as required by the section of this title for the zone in which the lot is located. Where the lot abuts tidal water the rear yard shall be measured from the line of ordinary high water. (Ord. 1172 § 6(OOO), 2001)

17.08.690 Yard, side.

“Side yard” means the area extending across the full width of the lot between the principal building and the side lot line measured horizontally from the farthest part of the principal building as required by the section of this title for the zone in which the lot is located. (Ord. 1172 § 6(PPP), 2001)

17.08.700 Zone.

“Zone” means distinct geographic areas into which the land area of the town is divided for purposes of regulating land use. (Ord. 1172 § 6(QQQ), 2001)