Chapter 20.80
DEFINITIONS
Sections:
20.80.010 Tense and number.
When consistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular. (Ord. 1002 (Attachment A) (part), 1989)
20.80.020 Interpretation.
(a) The word “shall” means mandatory.
(b) The word “should” means that which is recommended but not absolutely required.
(c) The word “may” is permissive.
(d) The word “building” includes “structure.” (Ord. 1002 (Attachment A) (part), 1989)
20.80.030 Definitions.
For the purposes of this title, certain words and terms shall be interpreted as follows:
“Accessory building” means a separate and subordinate structure the use of which is incidental to that of the main building located on the same lot.
“Accessory use” means a use accessory to any permitted use and customarily a part of such use, which use is clearly incidental, subordinate and secondary to the permitted use and which does not change the character thereof.
Affected Area. As applied to petitions, applications, or proceedings for a reclassification of property from one district to another “affected area” shall be deemed to include the area bounded by lines three hundred feet from and parallel to the boundaries of the area to be reclassified including the width of all streets and alleys in such affected area; however, in the event that all of the property within a single ownership is not included in the area to be changed, the boundary of the affected area shall be measured from the property line and not from the boundary to be changed. The affected area shall also include the premises to be reclassified.
Alteration, Structural. “Structural alteration” means any change or repair which would affect or materially change a supporting member of a building such as a bearing wall, column, beam, or girder.
“Average grade” means the average of the natural existing topography of the portion of the lot or parcel of a tract of real property which will be directly under the proposed building or structure. Calculation of the average grade shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure.
“Boarding house” means a building or portion thereof used for the purpose of providing meals or meals and lodging for pay or compensation of any kind to persons other than members of the family occupying such dwelling.
“Building” means any structure designed or intended for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but excluding all forms of vehicles even though immobilized.
“Camper” means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation use.
“Camping trailer” means a folding structure mounted on wheels and designed for travel, recreational and vacation uses.
“Carport” means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.
“Church” means a building used primarily for religious worship.
“Convenience store” 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 sale of nonfood items such as household supplies, drugs and items for personal hygiene may also occur on the premises. A convenience store that dispenses, sells or otherwise provides gasoline or other types of motor vehicle fuel in addition to food items shall be deemed to be a service station for the purposes of this title.
“Coordinated local zoning for off-site hazardous waste facilities” means zoning which permits off-site hazardous waste treatment and storage facilities in a jurisdiction to serve the off-site facility needs of other jurisdictions, provided the coordinated zoning is documented by signing agreements between all affected jurisdictions.
“Council” means the legislative body of the city of Sumas.
Dwelling, Multifamily. “Multifamily dwelling” means a building consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.
Dwelling, Single-Family. “Single-family dwelling” means a building for use as a residence for one family with a minimum coverage and enclosed floor space, excluding garage and/or carport, of at least one thousand one hundred square feet.
Dwelling, Two-Family (Duplex). “Two-family dwelling” (“duplex”) means a building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
“Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.
“Family” means an individual or two or more persons related by blood or marriage, or a group of not more than five persons not related by blood or marriage, living together in a dwelling unit.
“Fence” means an unroofed barrier or an unroofed enclosing structure such as masonry, ornamental iron, woven wire, wood pickets or solid wood or any other material used as an unroofed barrier to light, sight, air or passage.
“Grade” (“ground level”) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet in distance from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or public way, the grade shall be the elevation of the sidewalk, alley or public way.
“Hazardous waste” means all dangerous waste (DW) and extremely hazardous waste (EHW) as defined in RCW 70.105.010.
“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by the State of Washington Dangerous Waste Regulations, Chapter 173-303 WAC.
“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.
“Height of building” means the vertical distance from the average grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of pitch or hip roof.
“Home occupation” means an occupation which is clearly incidental to, or secondary to, the residential use of a dwelling unit, and is carried on within a dwelling unit or accessory building by one or more occupants of such dwelling unit consistent with the provisions of Section 20.18.080.
“Kennel” means any lot or premises on which four or more dogs and/or cats over the age of six months are kept for lease, boarding or racing.
“Loading space, off-street” means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
“Lot” means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record, legally created;
(3) A combination of adjacent and contiguous lots of record and/or parcels of land legally divided or consolidated.
“Lot area” means the total area measured on a horizontal plane within the lines of a lot.
“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured at a point halfway between the side lot lines.
Lot, Interior. “Interior lot” means a lot other than a corner lot.
“Lot line” means the line bounding a lot as defined herein.
Lot Line, Front. “Front lot line,” in the case of an interior lot, means a line separating the lot from the street; and in the case of a corner lot, a line separating the lot from the street on which the improvement or contemplated improvement will face.
Lot Line, Rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. In the case of a triangular-shaped lot, the rear lot line, for building purposes, shall be assumed to be a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
Lot Line, Side. “Side lot line” means any lot line which is not a front or rear lot line.
“Lot of record” means a lot which is part of a subdivision recorded in the office of the county auditor, or a lot or parcel described by metes and bounds, which has been so recorded.
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
“Manufactured home” is a single-family dwelling constructed after June 15, 1976, in accordance with the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act of 1974, which is a national preemptive building code codified at 42 U.S.C. 5401 et seq. A structure which met this definition at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable.
Manufactured Home, Designated. A “designated manufactured home” is a manufactured home which: (a) is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; (b) was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and (c) has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.
Manufactured Home, New. A “new manufactured home” is a manufactured home required to be titled under RCW Title 46 which has not been previously titled to a retail purchaser and is not a “used mobile home” as defined in RCW 82.45.032(2).
Manufacturing, Heavy. “Heavy manufacturing” means manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, and ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, and glare, but not beyond district boundaries.
Manufacturing, Light. “Light manufacturing” means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; generating little industrial traffic and no nuisances.
“Mobile home” means a transportable dwelling unit designed and manufactured after July 1, 1968, and before June 15, 1976, bearing an insignia of the Washington State Department of Labor and Industries. All mobile homes without such insignia are nonconforming structures.
“Mobile home park” means any parcel or adjacent parcels of land having a common ownership consisting of five or more acres, which parcel is utilized for two or more mobile or manufactured homes. The term “mobile home park” shall not be construed to mean campgrounds, recreational vehicle parks, trailer parks or tourist facilities for camping.
“Motel” means a group of attached or detached buildings containing three or more individual sleeping units with or without cooking facilities, with at least one parking space for each unit convenient to that unit and on the same premises, all for temporary use as transient accommodations.
“Motor home” means a portable, temporary dwelling to be used for travel, recreational or vacation use constructed as an integral part of a self-propelled vehicle.
“Nonconforming lot” means a lot which does not meet the area or width requirements of the district in which it is located.
“Nonconforming structure” means a building or structure or portion thereof which does not conform to the setbacks or maximum lot coverage or other provisions herein established for the district.
“Nonconforming use” means a use of a building or land lawfully existing at the time of enactment of the ordinance codified in this title or amendment thereto and which does not conform with the use regulations of the district in which it is located.
“Off-site treatment and storage facilities” means off-site facilities which treat and store hazardous wastes from generators on properties other than those on which the off-site facilities are located. Off-site facilities require an interim or final status dangerous waste permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC.
“On-site treatment and storage facility” means on-site facilities which treat and store hazardous wastes generated on the same parcel of property where the on-site facility or facilities are located and require an interim or final status dangerous waste permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC.
“Recreational vehicle” means a vehicular-type unit designed for temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and which has a body width of no more than eight feet and a body length of no more than thirty-five feet when factory-equipped for the road. This term shall include but not be limited to travel trailer, camper, motor home, and camping trailer.
“Recreational vehicle campground” means a lot or parcel of land occupied or intended for occupancy by recreational vehicles or tents for travel, recreational or vacation usage for short periods of stay subject to the provisions of this title.
“Recreational vehicle lot” means a designated and defined parcel of land within a mobile home or recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit.
“Recreational vehicle park” means a recreational park or portion thereof designated for exclusive occupancy by recreational vehicles.
“Sanitary station” or “sanitary dumping station” means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks.
School, Elementary, Junior High or High. “Elementary, junior high, or high school” means an institution, public or parochial, offering instruction in the several branches of learning and study, in accordance with the rules and regulations of the State Department of Education.
“Service station(s)” means a premises used as a whole or in part for the supplying, dispensing or otherwise providing directly to the consumer at retail, gasoline and/or other motor vehicle fuels, oil, minor accessories and services for motor vehicles. The terms “service station(s)” and “automobile service station(s)” shall be considered synonymous for the purpose of this definition. (Also see definition of “Convenience store.”)
“Short-term rental” means rental of a room, rooms, apartment or whole house for a period of less than thirty consecutive days. The term includes bed and breakfasts, Airbnb, vacation rental by owner, and other similar short-term rentals.
“Sign” means any placard, billboard, display message, design, letters, symbol, light fixture, 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.
“Street” means a way of travel more than twenty feet wide which has been improved, dedicated or deeded to the public for public use.
“Structure” means that which is built, 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, regardless of whether it is wholly or partly above or below grade.
“Theater” means any edifice used for the purpose of dramatic or operatic or other representations, plays or performances, whether live or by moving picture, for admission to which money is received, but not including halls rented or used occasionally for concerts and theatrical representation.
“Travel trailer” means a vehicular, portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation use.
“Vehicle” means all instrumentalities capable of movement by means of circular wheels, skids or runners of any kind, along roadways or paths or other ways of any kind, specifically including, but not limited to, all forms of automotive vehicles, buses, trucks, cars and vans, all forms of trailers or mobile homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which instrumentality is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration.
Yard, Front. “Front yard” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and line parallel thereto at the nearest point of the foundation of the main building.
Yard, Rear. “Rear yard” means a yard extending across the full width of the lot between the most rear main building and the rear lot line; but for determining the depth of the required rear yard, it shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of the foundation of the main building.
Yard, Side. “Side yard” means a yard, between the main building and the side lot line, extending from the front yard to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the foundation of the building.
“Zoning administrator” means the utilities superintendent of the city of Sumas, or his designee. (Ord. 1744 § 2, 2019: Ord. 1425 §§ 1, 2, 2005; Ord. 1178 § 3, 1996; Ord. 1175 § 6, 1996; Ord. 1002 (Attachment A) (part), 1989)