A.    Definitions – Introductory. For the purpose of this title, certain terms and words are defined in this chapter. When not inconsistent with the context, words used in the present tense shall include the future; the singular number shall include the plural, and the plural, the singular; the word “shall” is always mandatory and the word “may” denotes a use of discretion in making a decision. The words “used” or “occupied,” unless the context otherwise requires, shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” The word “encouraged” shall not mean mandatory; however, in such cases where the applicant refuses to comply with such suggested outcomes or policies, they shall propose an alternative solution which meets the intent of the policy, in the judgment of the Community Development Director. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Accessory apartment unit” means a unit located within a detached one-family dwelling and is a habitable living unit that provides the basic requirements of shelter, heating, cooking, and sanitation. (Ord. 1969 § 9 (Exh. 10), 2016)

“Accessory building” means a subordinate building, the use of which is incidental to the use of the main building on the same lot. (Ord. 1969 § 9 (Exh. 10), 2016)

“Accessory dwelling unit” means a residential unit located within a nonresidential primary building or lot. Occupancy of accessory dwelling units is reserved for the manager, caretaker, or owner of the main or primary use of the building. Also see “Caretaker or security dwelling unit.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Active adult community” means a complex of dwellings, exclusively designed for and occupied by adults, generally aged 55 and older, which may include recreational activities, shared open space, and other similar amenities. Also see “Senior housing” and “Complete life care retirement community” in FMC 18.08.365. (Ord. 2046 § 1 (Exh. 1), 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Active use storage” means a building or buildings designed for the enclosed storage of personal property including, but not limited to, vehicles, vessels, and household furniture and goods, which are configured to allow the tenant to occupy the area to repair or modify these items, and where the tenant may also utilize the enclosed space for recreation and other nonbusiness pursuits, but not intended to include residential uses such as sleeping or cooking. Such structures are typically designed to include fire suppression and other life-safety elements necessary to support the most intensive use possible within the building, as determined by the City. Also known as man caves or hobby workshops. (Ord. 2046 § 1 (Exh. 1), 2018)

“Adjustment” means an administrative variance administered under FMC 18.12.185, which allows for modification of the regulations of this title by the Zoning Administrator, in view of certain facts and conditions applying to a specific parcel of property, after a finding that the adjustment is consistent with the spirit and intent of this title, allows for development that is compatible with adjacent land uses, and does not violate other sections of this code or create the need for a formal variance. Adjustments may vary a numerical standard required by this title by no more than a 20 percent deviation from the standard, excepting density which cannot be adjusted. (Ord. 2197 § 2 (Exh. 1), 2022)

“Administrative conditional use” means a use of a lot, structure or building which the Ferndale City Council has determined has a greater potential to impact surrounding properties or districts, and/or the environment, or which may be inconsistent with the underlying zoning and Comprehensive Plan, but which, subject to certain project-specific conditions, may be appropriately conditioned by administrative staff to mitigate those impacts. (Ord. 2197 § 2 (Exh. 1), 2022; Ord. 2046 § 1 (Exh. 1), 2018; Ord. 2006 § 2 (Att. 2), 2017. Formerly 18.08.032)

“Adult family home” means a facility licensed pursuant to Chapter 70.128 RCW, or the regular family dwelling of a person or persons who are providing personal care, special care, and/or room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. (Ord. 1969 § 9 (Exh. 10), 2016)

“Adult business,” “adult use establishment,” and “adult entertainment” shall be defined as per FMC 5.14.020. (Ord. 1969 § 9 (Exh. 10), 2016)

“Affordable housing provider” means a 501(c)(3) certified organization with a mission focused on the production, provision, or management of affordable housing for rent or purchase. Affordable housing providers have a demonstrated track record of completing affordable housing projects within the northwest Washington region. Affordable housing providers may work independently or with a public-, private- or nonprofit-sector partner. (Ord. 2219 § 2 (Exh. 2), 2023)

“Agriculture” means the tilling of the soil, the raising of crops, horticulture, livestock farming, dairying and/or animal husbandry. Agriculture excludes the following activities: hog farm, livestock feed lot, poultry farm, slaughterhouse, fertilizer works, bone yard, plant for the reduction or processing of animal matter, or similar manufacturing, processing, warehousing, storage, and related industrial and commercial activities whether or not dependent upon or closely allied to the agriculture industry. (Ord. 1969 § 9 (Exh. 10), 2016)

“Alley” means a passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots, but not intended for the general traffic circulation and including vehicular ways satisfying this definition but designated by some other name. (Ord. 1969 § 9 (Exh. 10), 2016)

“Animal shelter” means a service use maintained and operated primarily for the impounding, holding and/or disposal of lost, stray, unwanted, or injured animals. (Ord. 1969 § 9 (Exh. 10), 2016)

“Apartment” means a room or suite of two or more rooms, which is designed for, intended for, or occupied by one family, with facilities for cooking therein. (Ord. 1969 § 9 (Exh. 10), 2016)

“Apartment house” means a multifamily dwelling. (Ord. 1969 § 9 (Exh. 10), 2016)

“Apparel and accessory stores” means stores primarily engaged in selling new clothing, shoes, jewelry, and related articles for personal wear and adornment and stores that rent clothing such as costumes and formal wear. (Ord. 1969 § 9 (Exh. 10), 2016)

“Antique store” shall mean a business in an enclosed building which specializes in the sale of used or historic items, including those items which are purchased or sold based on their rarity, uniqueness, condition, utility, or age. This definition shall not include those businesses which specialize in “secondhand” or “used” merchandise. (Ord. 1969 § 9 (Exh. 10), 2016)

“Arcade, gaming” means a commercial establishment containing six or more video, pinball, pool tables or other games, or a business with more than one game per 500 square feet of gross floor area. (Ord. 1969 § 9 (Exh. 10), 2016)

“Area of special flood hazard (flood hazard areas)” means the land in the floodplain subject to one percent or greater chance of flooding in any given year as identified by the most recent Flood Insurance Rate Map (FIRM) or other adopted scientific and engineering report adopted and further defined in FMC 15.24.100. (Ord. 1969 § 9 (Exh. 10), 2016)

“Art galleries” means an establishment or other private or public place intended primarily for art exhibitions where people may view and/or purchase paintings, sculptures, or other works. (Ord. 1969 § 9 (Exh. 10), 2016)

“Building area” means a total ground coverage of a building or structure measured from the outside of its external walls or supporting members or from a point four inches in from the outside edge of a cantilevered roof, and including its fireplaces. (Ord. 1969 § 9 (Exh. 10), 2016)

“Floor area” means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of 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. 1969 § 9 (Exh. 10), 2016)

“Site area” means gross floor area or the total horizontal area within the property lines excluding public rights-of-way. (Ord. 1969 § 9 (Exh. 10), 2016)

“Assisted living facility” means an establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services which do not require state or federal licensing. In addition, these facilities may have a communal dining area, recreation facilities (library, lounge, game room), laundry facilities and open space. (Ord. 1969 § 9 (Exh. 10), 2016)

“Auto parts sales” means a commercial establishment primarily engaged in the retail sale of new auto parts, automobile accessories and tools, where no automobile maintenance or repair services are provided. (Ord. 1969 § 9 (Exh. 10), 2016)

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

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

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

C.    “Automobile repair specialty shop” means a retail and service place of business engaged primarily in light repair and sale of goods and services for automotive vehicles including brakes, muffler and tire shops, and their accessory uses. Major automobile repair is excluded from this definition. (Ord. 1969 § 9 (Exh. 10), 2016)

“Automobile service station” means a retail place of business for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, and minor motor vehicle repairs. Such use excludes items constituting “Major automobile repair.” See also FMC 18.72.100. (Ord. 1969 § 9 (Exh. 10), 2016)

“Automobile wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. See also “Junkyard.” (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Bank” means a commercial institution that keeps money in accounts for individuals or organizations, makes loans, exchanges currencies, provides credit to businesses, and offers other financial services. A bank may include one or more drive-up windows, as well as one or more automatic teller machines (ATMs). Also see “Financial institution.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Bar” means a counter at which drinks, primarily alcoholic drinks, are served to customers for consumption on the premises, and/or a drinking establishment with such a bar. (Ord. 1969 § 9 (Exh. 10), 2016)

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. (Ord. 1969 § 9 (Exh. 10), 2016)

“Basement, for flood loads” means any area of a building having its floor subgrade (below ground level) on all sides. (Ord. 1969 § 9 (Exh. 10), 2016)

“Basement” means that portion of a story partly underground and having at least one-half of its height, or more than five feet below the average contact ground level at the exterior walls of the building. A basement may also constitute a first story if the ceiling is more than six feet above the average contact ground level at the exterior walls of the building. (Ord. 1969 § 9 (Exh. 10), 2016)

“Bed and breakfast” means a single-family dwelling unit occupied by a resident owner/manager within which up to four rental bedrooms are made available for overnight accommodation. (Ord. 1969 § 9 (Exh. 10), 2016)

“Block front” means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting streets and railroad right-of-way, waterway, or subdivided acreage. (Ord. 1969 § 9 (Exh. 10), 2016)

“Boarder” means a patron of a boardinghouse or roominghouse who is provided meals, with or without lodging, for compensation. (Ord. 1969 § 9 (Exh. 10), 2016)

“Boardinghouse” or “roominghouse” means a dwelling in which not more than four roomers and/or boarders are housed and fed. (Ord. 1969 § 9 (Exh. 10), 2016)

“Book, stationery and art supply store” means an establishment engaged in the retail sale of books and magazines, stationery, CDs, records and tapes, video and art supplies. (Ord. 1969 § 9 (Exh. 10), 2016)

“Building” means any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to be a separate building. (Ord. 1969 § 9 (Exh. 10), 2016)

“Building, accessory” means a detached subordinate building, the use of which is necessary and incidental to that of a main building on the same lot, and which does not change or alter the character of the premises. (Ord. 1969 § 9 (Exh. 10), 2016)

“Building height” means the vertical distance from the highest adjoining natural or undisturbed ground surface within a five-foot horizontal distance of the exterior wall of the building to the highest point on the coping of a flat roof or the highest ridge of a pitch or hip roof. (Ord. 1969 § 9 (Exh. 10), 2016)

“Building, main” means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which the same is situated. (Ord. 1969 § 9 (Exh. 10), 2016)

“Build-to zone” means an area of defined width along the frontage of a lot that encompasses a defined minimum percent of the building facade. Both width and percentage are defined by land use zoning. (Ord. 1969 § 9 (Exh. 10), 2016)

“Business” or “commerce” means the purchase, sale, offering for sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit. (Ord. 1969 § 9 (Exh. 10), 2016)

“Building, hardware and garden supply store” means an establishment engaged in selling lumber and other building materials such as paint, glass, wallpaper, tools, seeds, and fertilizer. (Ord. 1969 § 9 (Exh. 10), 2016)

“Bus station” means an establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a public transit system. Also includes transit station. (Ord. 1969 § 9 (Exh. 10), 2016)

“Bus terminal” means an establishment that sells tickets, provides scheduling information and serves as a point of arrival and departure for an intercity bus line. Also includes transit terminal. (Ord. 1969 § 9 (Exh. 10), 2016)

“Bus transfer station” means land in a centralized location used by a municipal bus service or public transportation system as a point of departure for multiple bus routes and where bus passengers transfer from one bus to another. (Ord. 1969 § 9 (Exh. 10), 2016)

“Brewery” means an establishment for the manufacture of malt liquors, such as beer and ale. Breweries may include accessory uses such as offices, restaurants and sampling rooms, and differ from micro breweries by virtue of their scale and their principal purpose as a manufacturing center for these liquors. Also see “Micro brewery,” “Distillery,” and “Micro distillery.” (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Cafeteria” means an enclosed building or portion thereof used for the preparation, sale, and consumption of food and beverages. Typically, food services offered in a cafeteria are provided as an accessory use to employees or other groups of people and are not generally offered to the general public. (Ord. 1969 § 9 (Exh. 10), 2016)

“Camper” means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses. A camper is considered a recreational vehicle, as defined herein. (Ord. 1969 § 9 (Exh. 10), 2016)

“Camping trailer” means a folding structure mounted on wheels and designed for travel, recreational and vacation uses. A camping trailer is considered a recreational vehicle, as defined herein. (See also “Dependent recreational vehicle,” FMC 18.08.470). (Ord. 1969 § 9 (Exh. 10), 2016)

See “Landscaping standards.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Caretaker or security dwelling unit” means a unit, often in the form of a manufactured or mobile home, located on a lot containing a nonresidential main or primary use, which is generally industrial or manufacturing in nature. Occupancy of the caretaker or security dwelling unit is reserved for the manager, caretaker, or owner of the main or primary use of the lot. (Ord. 1969 § 9 (Exh. 10), 2016)

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

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

B.    “Car wash, self-service” means a coin actuated, self-service washing system enclosed in a walled bay, open front and rear, of not less than eight feet in height. The pumps, water heaters and like equipment are completely housed. Additional facilities may include drying material dispensers and vacuum cleaners. (Ord. 1969 § 9 (Exh. 10), 2016)

“Carport” means a covered space for the housing primarily of motor vehicles and enclosed on no more than two sides by walls, screens, cabinets, or other types of enclosures. (Ord. 1969 § 9 (Exh. 10), 2016)

“Carriage unit” means a single-family dwelling unit, not to exceed 800 square feet in gross floor area, located above a garage structure. Carriage units are allowed only when included in a cottage project. (Ord. 1969 § 9 (Exh. 10), 2016)

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including (unless otherwise stated) columbariums, crematoriums, mausoleums, and funeral establishments, when operated in conjunction with and within the boundary of such cemetery. (Ord. 1969 § 9 (Exh. 10), 2016)

“Channel” means the geographic area within either the natural or artificial banks of a watercourse or drainage way. (Ord. 1969 § 9 (Exh. 10), 2016)

“Church,” or “religious institution,” means a structure, group of structures, or portion thereof which is utilized for the purpose of conducting religious worship, services or ceremonies. A church may contain facilities such as a sanctuary or chapel, assembly rooms, offices, kitchen, parsonage, or multipurpose facilities. Graded educational facilities, dwelling units except parsonage, day care facilities, temporary or permanent encampments for the homeless (whether indoor or outdoor), and facilities for the training of religious orders shall not be considered incidental to church usage, but may be allowed subject to other provisions of this title. (Ord. 2066 § 1 (Exh. 1), 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“City” means the City of Ferndale, Washington. (Ord. 1969 § 9 (Exh. 10), 2016)

“City Administrator” means the City Administrator of the City of Ferndale as established and approved by the City Council. (Ord. 1969 § 9 (Exh. 10), 2016)

“City officials and agencies” shall mean, in the case of “City,” the City of Ferndale in Whatcom County, Washington. “City Council” means the City Council of said City; the term “Planning Commission” means the Planning Commission of the City; the term “Hearings Examiner” or “Hearing Examiner” means the Hearings Examiner of the City; the term “Zoning Director,” “Community Development Director,” or “Zoning Administrator” means such person as the Mayor shall designate to administer and enforce this title. (Ord. 1969 § 9 (Exh. 10), 2016)

“Cinema” means a motion picture theater. (Ord. 1969 § 9 (Exh. 10), 2016)

“Clinic” means a building or portion of a building designed and used for providing medical, dental, psychiatric or chiropractic services for outpatients only. (Ord. 1969 § 9 (Exh. 10), 2016)

“Clubs or fraternal societies” means an association of persons (whether or not incorporated) organized for some common nonprofit purpose, but not including a group organized primarily to render a service customarily carried on as a business. (Ord. 1969 § 9 (Exh. 10), 2016)

“Cocktail lounge” means an establishment or room(s) within an establishment in which cocktails are served. A cocktail lounge is considered a drinking establishment, as defined herein. (Ord. 1969 § 9 (Exh. 10), 2016)

“Coffee/food stand” means a business of less than 750 square feet in total floor area (all floors), with a limited menu (often featuring coffee) and little or no interior seating. Coffee/food stands are primarily designed to support drive-up service. (Ord. 1969 § 9 (Exh. 10), 2016)

“Coffee shop” means a business specializing in the sale of coffee, tea, and/or bakery items which includes indoor seating. Coffee shops shall generally be larger than 750 square feet in total floor area (all floors), and may include drive-up or walk-up service. (Ord. 1969 § 9 (Exh. 10), 2016)

“Commercial campground” means as follows: Campgrounds and RV parks as are defined and regulated by Chapter 18.64 FMC. (Ord. 1969 § 9 (Exh. 10), 2016)

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

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

B.    “Outdoor commercial recreation” means uses including but not limited to such activities as outdoor batting cages, arenas, golf courses, putting courses, outdoor miniature golf, amusement parks, riding academies, carnival operations, expositions, and marinas. (Ord. 1969 § 9 (Exh. 10), 2016)

“Commission” means the Planning Commission of the City. (Ord. 1969 § 9 (Exh. 10), 2016)

“Complete life care retirement community” means an area devoted to facilities and living units for senior citizens. Such developments would include one-story cottages for independent living, intermediate care facilities, and nursing homes. Other facilities allowed, for use by residents and their guests, would include a restaurant, chapels, auditorium, libraries, exercise salons, beauty salons, barbershops, recreation and hobby halls, indoor swimming pool, a small bank branch, small stores (no larger than 3,000 square feet), gift shops, post office (mailboxes) for residents, administrative offices, examination rooms for physicians, and other similar uses. (Ord. 1969 § 9 (Exh. 10), 2016)

“Comprehensive Plan” means the current Comprehensive Plan, as amended, adopted by the Ferndale City Council. (Ord. 1969 § 9 (Exh. 10), 2016)

“Concessionaire,” for the purpose of this title, means and includes any person, firm, or corporation involved in any activity involving the sale of any goods or services, whether conducted for profit or not, on any property located within a public park owned and managed by the City of Ferndale. Any concession activity shall be clearly incidental to and supportive of an established primary permitted use in the underlying zoning district. (Ord. 1969 § 9 (Exh. 10), 2016)

“Conference center” means a building or area designated to accommodate large groups of people, usually for social occasions or the exchange of information related to professional or commercial activity. Such a facility typically contains various large assembly halls, conference rooms, and food service facilities. (Ord. 1969 § 9 (Exh. 10), 2016)

“Contractor’s offices and shops” means a combination of uses in a single building or lot that includes the assembly, storage and/or manufacture of products typically used in building construction such as cabinetry, heating/cooling systems, plumbing and mechanical systems together with administrative offices. (Ord. 1969 § 9 (Exh. 10), 2016)

“Contractor’s yard” means the portion of a lot outside of a contractor’s office and shop that is used for the outdoor storage of vehicles, equipment and supplies. (Ord. 1969 § 9 (Exh. 10), 2016)

“Convalescent center” means a facility operated similarly to a boarding home, the operator of which is licensed by the state to give special care or supervision to his or her charges; and in which nursing, dietary, and other personal services are furnished to convalescents, invalids and aged persons. (Ord. 1969 § 9 (Exh. 10), 2016)

“Cooperative or group home” means a building occupied and maintained as a housekeeping unit by eight or more unrelated persons. (Ord. 1969 § 9 (Exh. 10), 2016)

“Corps of Engineers” means the United States Department of Engineers. (Ord. 1969 § 9 (Exh. 10), 2016)

“Correctional facility” means a publicly operated facility, or privately operated facility under government contract, for the detention of criminally committed persons, and detention for pretrial purposes. A “correctional facility” under this definition includes adult and juvenile detention facilities and work release facilities. (Ord. 1969 § 9 (Exh. 10), 2016)

“Cottage house” means a detached, single-family dwelling unit containing 1,200 square feet or less of gross floor area (referred to as “postage stamp condominium” in the PUD ordinance, FMC 18.68.030(G)). (Ord. 1969 § 9 (Exh. 10), 2016)

“Council” means the City Council of the City. (Ord. 1969 § 9 (Exh. 10), 2016)

“Court” means an unoccupied open space bounded on three or more sides by buildings or lot lines on which walls are permitted. (Ord. 1969 § 9 (Exh. 10), 2016)

“Coverage” means the percentage of the area of a lot which is built upon or used for a business or commercial purpose. (Ord. 1969 § 9 (Exh. 10), 2016)

“Cultural institution” means establishments such as museums, art galleries, and botanical and zoological gardens of historic, educational or cultural interests which are not operated for profit. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Dance hall” means a building, a business within a building, a room within a building, or an area outside of a building, which is primarily dedicated to dancing to live or recorded music. Dance halls may also include the sale of beer, wine, and/or spirits. Dance halls often require an entrance fee and may be large enough to support large numbers of people at one time for regularly scheduled or special events. (Ord. 1969 § 9 (Exh. 10), 2016)

“Dance studio, art studio, and similar related instructional facility” means a business which specializes in the instruction of a limited number of groups or individuals in a specific task or skill. These facilities shall generally conduct business by appointment or based on a regular class schedule and shall not include dance halls or similar businesses. (Ord. 1969 § 9 (Exh. 10), 2016)

“Day care center” means a facility, other than a family day care home, providing regularly scheduled care for a group of children for periods less than 24 hours. The facility must be licensed and conducted in accordance with all federal, state and local requirements. (Ord. 1969 § 9 (Exh. 10), 2016)

“Delicatessen” means retail food stores selling ready to eat food products such as cooked meats, prepared salads or seafood, health food or other specialty food items. (Ord. 1969 § 9 (Exh. 10), 2016)

“Department store” means a large retail store arranged into departments for the sale of a variety of consumer goods. (Ord. 1969 § 9 (Exh. 10), 2016)

“Dependent recreational vehicle” means a recreational vehicle which does not contain water or sewage disposal facilities. (Ord. 1969 § 9 (Exh. 10), 2016)

“Designated manufactured home” means a manufactured home which:

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

B.    Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and

C.    Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences. (Ord. 1969 § 9 (Exh. 10), 2016)

“Destination use” means a nonretail or dining use or activity which typically draws visitors to the City of Ferndale for entertainment, lodging, sporting, professional, or cultural events. Examples of such uses may include but are not limited to hotels, convention centers, museums, sports complexes, stadiums, and regional parks. The Zoning Administrator shall determine if the size and scale of the proposed development justifies its classification as a destination use. (Ord. 1969 § 9 (Exh. 10), 2016)

“Detached building” means a building surrounded on all sides by open space. (Ord. 1969 § 9 (Exh. 10), 2016)

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, but not including any open wire fences. (Ord. 1969 § 9 (Exh. 10), 2016)

See “Landscaping standards.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Director of Public Works” means the person or persons designated by the City Administrator to perform the functions of a Director of Public Works specified in this title. (Ord. 1969 § 9 (Exh. 10), 2016)

“Distillery” means an establishment where alcoholic beverages are made through distillation. Distilleries may also include accessory uses such as office space, sampling rooms, and restaurants or taverns, and differ from micro distilleries by virtue of their scale and their principal purpose as a manufacturing center for these liquors. Also see “Brewery,” “Micro brewery,” and “Micro distillery.” (Ord. 1969 § 9 (Exh. 10), 2016)

“District” (also “zone”) means a portion of the City within which certain uses of land and buildings are permitted, and certain other uses of land and buildings are prohibited, or within which certain yards and other open spaces are required, or within which certain lot areas are established, or within which certain height limits are required for buildings, or within which a combination of such aforesaid regulations are applied, all as set forth and specified in this title, or any of the districts with which any combining regulations are combined. Also see FMC 18.16.010(A). (Ord. 1969 § 9 (Exh. 10), 2016)

“Dormitories, fraternities and sororities” means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning. (Ord. 1969 § 9 (Exh. 10), 2016)

See “Landscaping standards.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Drainway” means any depression below the surrounding land serving to give direction to a regular current of water and having a bed and well defined banks. (Ord. 1969 § 9 (Exh. 10), 2016)

“Drive-in restaurant or refreshment stand” means any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises. (Ord. 1969 § 9 (Exh. 10), 2016)

“Drive-thru” (also “drive-through”) means a facility which, by its design, allows people to receive goods and/or services while remaining in their automobiles. (Ord. 1969 § 9 (Exh. 10), 2016)

“Drug store/pharmacy” means an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, vitamins, first-aid supplies, and other health related products. (Ord. 1969 § 9 (Exh. 10), 2016)

See “Dwelling, two-family detached.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Single-family attached duplex” means the development of up to two single-family residences on separate lots utilizing a common interior property line. (Ord. 1969 § 9 (Exh. 10), 2016)

“Dwelling” means a building or portion thereof which complies with all International Residential or Building Code requirements and which is designed exclusively for residential purposes, including single-family, two-family and multifamily dwellings, but shall not include hotels, auto courts, boardinghouses and lodginghouses. (Ord. 1969 § 9 (Exh. 10), 2016)

“Attached single-family dwelling” means a building designed exclusively for occupancy by one family, constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides. This definition includes “townhomes” and “townhouses.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Dwelling, single-family detached” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. This definition does not include “mobile home” or “travel trailer.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Two-family dwelling, detached” means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units. Such definition also includes the term “duplex.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Multifamily dwelling” means a building or portion thereof designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units. (Ord. 1969 § 9 (Exh. 10), 2016)

“Dwelling unit” means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Electrical distribution substation” means an assembly of equipment designed to receive energy from a high voltage distribution supply system, to convert it to a form suitable for local distribution and distribute the energy to feeders through switching equipment designed to protect the service from the effect of faults. (Ord. 1969 § 9 (Exh. 10), 2016)

“Electronic equipment stores” means establishments engaged in the retail sale of a variety of electronic equipment including computers, televisions, stereos, cameras, mobile phones, and portable storage devices. (Ord. 1969 § 9 (Exh. 10), 2016)

“Essential public facilities” means a facility, conveyance or site whose services are provided by a governmental agency, a private or nonprofit organization under contract to or with substantial funding from government agencies, or a private organization subject to public service obligations, which is necessary to adequately provide a public service and which is typically hard to site. (Ord. 1969 § 9 (Exh. 10), 2016)

“Equipment rental” means the use of a building or land for the purpose of providing tools, implements, or other articles to individuals or businesses on a temporary basis for a specified fee. This use does not include the rental of automobiles or trucks. (Ord. 1969 § 9 (Exh. 10), 2016)

“Essential use” means that use for the preservation or promotion of which the use zone was created, and to which all other permitted uses are subordinate. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Family” means one or more persons occupying a premises and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, boardinghouse or rooming house, fraternity or sorority house. (Ord. 1969 § 9 (Exh. 10), 2016)

“Family day care home” means a licensed family day care facility in the licensee’s home providing regularly scheduled care for 12 or fewer children for periods less than 24 hours. (Ord. 1969 § 9 (Exh. 10), 2016)

“Family day care” or “day nursery” means any type of day care or day nursery program designed to provide care for 12 or fewer children; provided, that any such family day care or day nursery is licensed under federal, state and/or county law as may be required and is conducted in accordance with all federal, state and/or local requirements. (Ord. 1969 § 9 (Exh. 10), 2016)

“Farming of land” means the growing of seasonal crops, the tilling of soil, and/or the harvesting of hay. For purposes of this definition, the farming of land is typically an interim or temporary land use and would not typically include agricultural activities that are of a long-term nature, such as the planting of orchards or vineyards or the raising of livestock. (Ord. 1969 § 9 (Exh. 10), 2016)

“Fence” means an upright structure serving as an enclosure, barrier or boundary usually made of posts, boards, wire, iron, steel, or masonry. (Ord. 1969 § 9 (Exh. 10), 2016)

“Financial institution” means a business or institution engaged in monetary transactions such as banks, lending, savings and loan institutions and credit unions but excluding check cashing businesses and payday loan businesses. (Ord. 1969 § 9 (Exh. 10), 2016)

All are defined as follows and within Chapter 15.24 FMC:

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

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

C.    “Flood insurance study” means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. (Ord. 1969 § 9 (Exh. 10), 2016)

“Flood fringe” means the area adjoining the floodway which has been or may hereafter be covered by floodwater, in a standard project flood as defined for the area by the U.S. Army Corps of Engineers. (Ord. 1969 § 9 (Exh. 10), 2016)

“Floodplain” means the area adjoining a stream or river that consists of the floodway and floodway fringe. (Ord. 1969 § 9 (Exh. 10), 2016)

“Floodproofing” means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a floodplain. (Ord. 1969 § 9 (Exh. 10), 2016)

“Floodway” means the channel of a watercourse or drainway and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwaters of any watercourse or drawing. (Ord. 1969 § 9 (Exh. 10), 2016)

“Floor area ratio” means the gross floor area, including indoor parking, within a building divided by the net area of the site, expressed in decimals of two places. (Ord. 1969 § 9 (Exh. 10), 2016)

“Florist” means an establishment engaged in the retail sale of flowers and plants. (Ord. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Food cart” means a mobile kitchen or conveyance that is placed in the public right-of-way, parking lot, or public or private space to facilitate the sale and marketing of food and/or beverages to the general public. (Ord. 2031 § 1, 2018)

“Food processing” means businesses which transform raw ingredients by physical or chemical means into food or beverages, including food supplements or vitamins, or the transformation of food into other forms, including freezing, drying, or cooking.

A.    Food processing does not include the slaughter of animals but may include butcher shops in which the flesh of animals, fish or poultry is dressed for market.

B.    Food processing does not include the sale, processing, or manufacture of marijuana or products which include marijuana as an ingredient.

C.    Food processing does not include the raising of animals, fish or poultry. (Ord. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Food stores” means stores primarily engaged in selling food and beverages for home preparation and consumption. It includes grocery stores; mini-market or convenience store uses; meat and fish markets, including freezer provisioners; fruit and vegetable markets; candy, nut and confectionery stores; dairy products stores; retail bakeries; wine and beer shops; liquor stores; and miscellaneous stores specializing in items such as spices, coffee, or health foods. As an accessory use, a food store may also sell prepared foods for on-site or off-site consumption. (Ord. 1969 § 9 (Exh. 10), 2016)

“Food wagon” means a vehicle that is used for retail food sales that is capable of operating from a variety of sites, rather than a fixed location. (Ord. 1969 § 9 (Exh. 10), 2016)

“Fraternity, sorority or dormitory” means a building containing sleeping rooms for permanent or temporary occupancy with a central kitchen for occupants’ use only. (Ord. 1969 § 9 (Exh. 10), 2016)

“Fuel station/mini mart/convenience store” means establishments engaged primarily in the sale of automobile gasoline or other auto fuel to the general public. Such uses may include mini-market or convenience store uses involving the sale of snack and beverage items. (Ord. 1969 § 9 (Exh. 10), 2016)

“Funeral establishment” means a place of business devoted exclusively to such activities as are related to the preparation and arrangements for the funeral, transportation, burial, or other disposition of human remains, and including but not limited to: (A) a chapel in which memorial, funeral, or religious services may be conducted; and (B) a preparation room equipped for the preparation and embalming of human remains for burial and transportation. (Ord. 1969 § 9 (Exh. 10), 2016)

“Furniture, home furnishings, and appliance stores” means businesses primarily engaged in the retail sale of goods used for furnishing the home, such as furniture, floor coverings, draperies, lighting fixtures, woodstoves, domestic cook stoves, refrigerators, and other household electrical and gas appliances. This category also includes rental of furniture, appliances, and the like. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“General service businesses” means establishments which provide services involving the maintenance, repair or improvement of personal and household goods including computer and consumer electronics repair and service, custom framing shops, jewelry repair, locksmiths, shoe repair, tailors, upholstery shops, and similar uses. (Ord. 1969 § 9 (Exh. 10), 2016)

“Grade plane” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building. (Ord. 1969 § 9 (Exh. 10), 2016)

“Gross floor area” means the sum of all area within a building or structure. (Ord. 1969 § 9 (Exh. 10), 2016)

“Guest room” means a room which is intended, arranged, or designed to be occupied or which is occupied by one or more guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Habitable floor” means any floor useable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof, except for a floor used only for storage purposes. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hard surface” in context of stormwater regulations means an impervious surface, a permeable pavement, or a vegetated roof. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hazardous waste” means all dangerous and extremely hazardous waste as defined by RCW 7.105.010. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hazardous waste treatment and storage facilities, off-site” means treatment and storage facilities that treat or store waste generated on properties other than those on which the off-site facilities are located. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hazardous waste treatment and storage facilities, on-site” means treatment and storage facilities that treat and store waste generated on the same, geographically contiguous, or bordering property. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hearings Examiner” means the Hearings Examiner as established by the City of Ferndale pursuant to FMC 14.05.030. (Ord. 1969 § 9 (Exh. 10), 2016)

“Health/fitness center” means a building, group of buildings or combination of buildings and outdoor uses which together are used for sports, health and recreational uses whether on a membership basis or for the general public. Such facilities include, but are not limited to, gymnasiums, weight-reducing centers, dance studios, tennis, handball or racquetball courts, indoor or outdoor swimming pools and spas, weight training, exercise classes, and running tracks. (Ord. 1969 § 9 (Exh. 10), 2016)

“Health/fitness facility” means health clubs, aerobics centers, athletic clubs and gymnasiums, handball and racquetball clubs, weight-reducing centers, dance studios, and other businesses primarily engaged in indoor health and recreation activities, whether on a membership basis or for the general public. (Ord. 1969 § 9 (Exh. 10), 2016)

“Health spa” means a commercial facility providing body treatments, massage, gyms, spas, health and wellness activities and similar services. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hedge” means a row of closely planted shrubs, bushes, or low growing trees forming a barrier, enclosure, or boundary. (Ord. 1969 § 9 (Exh. 10), 2016)

“Height of building” means the vertical distance from the highest adjoining natural or undisturbed ground surface within a five-foot horizontal distance of the exterior wall of the building to the highest point on the coping of a flat roof or the highest ridge of a pitch or hip roof. (Ord. 1969 § 9 (Exh. 10), 2016)

“Height setback” means an area of defined width along the frontage of a lot wherein the building height is limited to a greater degree than it is within the interior portions of the lot. The width of the height setback and the maximum height are defined by land use zoning. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hog farm” means a lot, structure or building used for the raising or keeping of six or more hogs or swine. (Ord. 1969 § 9 (Exh. 10), 2016)

“Home occupation” means an occupation conducted in a dwelling unit where the same is specified as a permitted use and meets the permit requirements of Chapter 18.14 FMC. (Ord. 1969 § 9 (Exh. 10), 2016)

“Homeless shelter” means a facility designed to provide overnight accommodations and/or meals to homeless persons. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hospital” means a building designed and used for medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses, but not including rest homes, nursing homes, mental institutions, convalescent homes and clinics. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hospital or clinic for large animals” means a medical facility or institution providing inpatient and outpatient veterinary service consisting of the prevention, cure, or alleviation of disease and injury to large animals or livestock. (Ord. 1969 § 9 (Exh. 10), 2016)

“Hospital or clinic for small animals” means a medical facility or institution providing inpatient and outpatient veterinary service consisting of the prevention, cure, or alleviation of disease and injury to dogs, birds, cats and similar small animals. (Ord. 1969 § 9 (Exh. 10), 2016)

“Host agency” means a religious organization which owns or controls the property or has an ownership interest in the property that is the subject of an application for a temporary outdoor encampment for providing basic services and support to temporary outdoor encampment residents, such as hot meals and coordination of other needed donations and services. (Ord. 2066 § 1 (Exh. 1), 2018)

“Hot tub” means a nonpermanent structure intended for recreational bathing, in which all controls, water heating, and water circulating equipment are an integral part of the product. (Ord. 1969 § 9 (Exh. 10), 2016)

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

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

B.    “Hotels with transient facilities exceeding 15 days” means hotels which offer guests the opportunity to arrange long-term contracts or payment schedules of 15 days or more. (Ord. 1969 § 9 (Exh. 10), 2016)

“House-banked card room” means an establishment licensed by the Washington State Gambling Commission (the “Commission”) to offer “house-banked card games” as described in WAC 230-40-010 and subject to regulation by the Commission under RCW 9.46.070 and Chapter 230-40 WAC. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Impervious” in context of stormwater regulations means a surface which cannot be easily penetrated. For instance, rain does not readily penetrate paved surfaces. (Ord. 1969 § 9 (Exh. 10), 2016)

“Impervious surface” in context of stormwater regulations 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. 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 retention/detention facilities shall not be considered as impervious surfaces for the 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. 1969 § 9 (Exh. 10), 2016)

“Intermediate care facility (part of a “complete life care retirement community”)” means a one- or two-story building where residents who have difficulty living independently in a cottage will have help available for dressing, undressing, bathing, administration of medications, and other such support, but will still live mostly independently in their own unit. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Junkyard” means a lot, land or structure, or part thereof, used for the collecting, storage and sale of waste papers, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery, or vehicles not in running condition. This definition includes an auto wreckage yard or storage yard for wrecked automobiles. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Kennel” means a collection of more than three dogs kept upon a lot for any purpose, except that one litter of pups shall not constitute dogs within this definition until they reach three months of age. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Landscaping” means any of the following or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, and trees; and nonliving durable material commonly used in landscaping such as, but not limited to, rocks, pebbles, bark, sand, walls, or fences, but excluding paving and artificial plants. See Ferndale Landscape Standards, Chapter 18.74 FMC. (Ord. 1969 § 9 (Exh. 10), 2016)

“Landscaping material sales” means establishments engaged in the retail sale of materials commonly used in landscaping such as trees, shrubs, bark, gravel, patio bricks, concrete blocks, pond liners, and similar materials. (Ord. 1969 § 9 (Exh. 10), 2016)

A.    “Canopy tree” means a deciduous tree hardy in the local climate whose mature size (height and spread) is appropriate for the planting location. Trees shall have a minimum two-inch diameter at four and one-half feet above grade (DBH) upon planting. The following trees are specifically prohibited along public and private rights-of-way: box elder, silver maple, weeping willow, fir, cedar, hemlock, spruce, pine, poplar, and any fruit, nut or large seedpod bearing species.

B.    “Diameter breast height (DBH)” means the diameter of a tree at four and one-half feet above grade. For naturally occurring trees, the measurement shall be taken four and one-half feet from the existing grade on the uphill side of the tree.

C.    “Downtown street tree” means trees planted in, or adjacent to, the right-of-way in the CB pedestrian-oriented zone. Downtown street trees are limited to the following species in areas with overhead utility lines: Japanese hornbeam, American hornbeam, and golden ash; and the following species in areas without overhead utility lines: Karpick red maple, Chanticleer flowering pear, and autumn purple ash. Trees shall have a minimum two-inch diameter at four and one-half feet above grade (DBH) upon planting.

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

E.    “Mulch” means an organic or inorganic soil covering composed of numerous loose pieces placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds. Straw, shredded paper, sawdust and other rapidly decaying materials are not included in this definition.

F.    “Outdoor merchandise displays” means the display of items for sale outside of a fully covered and walled building that occurs for more than 30 consecutive days and is visible from the public right-of-way.

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

H.    “Shrub” means a perennial woody plant characterized by several branching trunks supporting one main canopy of leaves, scales or needles that achieves a mature height of less than 15 feet.

I.    “Tree” means a perennial woody plant characterized by one or more main trunks supporting one main canopy of leaves, scales or needles that achieves a mature height of 15 feet or more.

J.    “Zoning interface” means a boundary between two separate land use zones where the boundary lies along an interior property line, but not a public right-of-way or a private right-of-way developed to public standards. See Ferndale Landscape Standards, Chapter 18.74 FMC. (Ord. 1969 § 9 (Exh. 10), 2016)

“Large livestock farming” means the keeping of domesticated animals such as horses, ponies, burros, dairy and beef cattle, sheep, goats, swine, and similar animals which are kept for personal or agricultural use, or raised for sale and profit. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lattice tower” means a type of mount that is self-supporting with multiple legs and cross-bracing of structural metal. (Ord. 1969 § 9 (Exh. 10), 2016)

“Laundry, self-service” means a business providing home type washing, drying and/or ironing facilities where customers primarily complete the laundering of their own clothes. (Ord. 1969 § 9 (Exh. 10), 2016)

“Laundry/dry cleaning, retail” means a business providing drop-off and pick-up services of laundry and dry cleaning; activities are completed at an off-site commercial laundry/dry cleaning facility. (Ord. 1969 § 9 (Exh. 10), 2016)

“Laundry/dry cleaning, neighborhood” means a business providing drop-off and pick-up services of laundry and dry cleaning and where actual laundry/dry cleaning activities are completed on site in a process that primarily uses solvents or chemicals that are not regulated as hazardous by the Environmental Protection Agency (EPA). Such businesses shall operate in facilities that are 2,000 square feet in area or less. (Ord. 1969 § 9 (Exh. 10), 2016)

“Laundry/dry cleaning, commercial” means a business providing commercial laundry or dry cleaning services. (Ord. 1969 § 9 (Exh. 10), 2016)

“Livestock feed lot” means lot, structure or building, or confined area used intensively for raising or keeping of more than six head of beef cattle or similar livestock for the purpose of feeding, breeding, conditioning, or holding the same for marketing or slaughter in which animal waste may accumulate, but not including barns, pens or similar structures. (Ord. 1969 § 9 (Exh. 10), 2016)

“Loading space” means an off-street space or berth on the same lot with a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon the street, alley or other appropriate means of access. (Ord. 1969 § 9 (Exh. 10), 2016)

“Local park” means a natural or landscaped area which provides passive informal recreation for people of all ages. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot” means a fractional part of subdivided lands or a tract or a parcel having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements specified in this title for width and area, unless it is a nonconforming lot. A lot may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or a tract or parcel of land described by metes and bounds. The boundaries of a lot may not be changed nor any new lot created except in compliance with the City’s subdivision requirements. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot frontage” means as follows: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, except as otherwise noted in FMC 18.72.040 (general and special regulations, all zones – special setback requirements). The owner should ordinarily be accorded the privilege of choosing which nonfrontage areas shall be rear and side yards respectively. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot area” means the total horizontal area included within lot lines. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot, corner” means a lot bounded on two or more sides by street lines; provided, that the interior angle of intersection or interception of said street lines does not exceed 135 degrees. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot, interior” means a lot other than a corner lot. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot line, front” means, in the case of an interior lot, a line separating the lot from the street; in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street; except in those cases in a C-1 district where a lot has two or more street frontages of equal length or nearly equal length, the front lot line shall be considered to be the line adjoining the street which the Comprehensive Plan shows is intended to carry the heaviest traffic flow. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot line, rear” means the lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot line, side” means any lot boundary line not a front lot line or a rear lot line. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lot measurements” means as follows: The depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that lots fronting on cul-de-sac roadways shall be measured at front building line, but in no case shall be less than 40 feet wide at the edge of the right-of-way. (Ord. 1969 § 9 (Exh. 10), 2016)

“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, the description of which has been so recorded. (Ord. 1969 § 9 (Exh. 10), 2016)

Lots are of the following types:

A.    “Corner lot” means a lot located at the intersection of two or more streets or a lot abutting on a curved street or streets if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

B.    “Interior lot” means a lot other than a corner lot with only one frontage on a street.

C.    “Reversed frontage lot” means a lot on which the frontage is at right angles or approximate right angles (interior angles less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.

D.    “Through lot” means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title found at FMC 15.24.270(B). (Ord. 1969 § 9 (Exh. 10), 2016)

“Low impact development (LID)” means a stormwater and land use management strategy that strives to mimic predisturbance 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. 1969 § 9 (Exh. 10), 2016)

“Low impact development (LID) best management practices” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance 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 re-use. (Ord. 1969 § 9 (Exh. 10), 2016)

“Low impact development (LID) principles” means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. (Ord. 1969 § 9 (Exh. 10), 2016)

“Lumberyard” means a business that sells building materials and/or lumber in large quantities, and includes a significant portion of its product storage outdoors or in warehouse portions of a building. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

A “macro facility” is an attached commercial wireless communications facility, which consists of antennas equal to or less than 15 feet in height or a parabolic antenna over one meter in height. (Ord. 1969 § 9 (Exh. 10), 2016)

“Mailing services” means a private establishment engaged in the business of renting mailboxes, accepting packages for delivery, selling packaging materials and/or providing bulk mailing services for customers. (Ord. 1969 § 9 (Exh. 10), 2016)

“Manufactured home” means a single-family dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements and bearing the appropriate insignia indicating such compliance, and which:

A.    Is not less than 12 feet wide by 36 feet long;

B.    Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof with not less than a 3:12 pitch; and

C.    Has exterior siding similar in appearance, as determined by the Building Official, to siding materials commonly used on conventional site-built single-family dwellings built under the Uniform or International Building Code.

D.    Manufactured homes to be placed on fee simple lots shall comply with the provisions of FMC 18.72.120. (Ord. 2206 § 1 (Exh. 1), 2022; Ord. 1969 § 9 (Exh. 10), 2016)

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

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

C.    “Manufactured home stand” means that area of a manufactured home lot which has been reserved for the placement of a manufactured home. Also includes manufactured home pad. (Ord. 2206 § 1 (Exh. 1), 2022; Ord. 1969 § 9 (Exh. 10), 2016)

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

A.    Production of items made from stone or concrete;

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

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

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

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

F.    Development of film on a wholesale basis;

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

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

I.    Food processing for human consumption. (Ord. 1969 § 9 (Exh. 10), 2016)

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

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

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

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

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

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

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

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

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

I.    Storage of organic or inorganic chemicals, including the storage or regional disposal of household wastes and refuse. (Ord. 1969 § 9 (Exh. 10), 2016)

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

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

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

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

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

E.    Electronic product and component manufacturing including radios, TVs, computers, data systems equipment, optical, photographic, engineering and similar precision instruments and high-tech industries. (Ord. 1969 § 9 (Exh. 10), 2016)

“Manufacturing use” means a business establishment in which articles are produced by hand or by machinery, from raw or prepared materials, by giving to those materials new forms, qualities, properties, or combinations, in a process frequently characterized by the repetitive production of items made to the same or similar specifications. (Ord. 1969 § 9 (Exh. 10), 2016)

“Marinas” means an establishment providing docking, moorage space and activities relating to the maintenance and minor repair of pleasure boats and yachts. (Ord. 1969 § 9 (Exh. 10), 2016)

“Marine equipment rentals” means a business engaged in the rental of marine equipment, such as boats or jet skis, to individuals or businesses on a temporary basis for a specified fee. (Ord. 1969 § 9 (Exh. 10), 2016)

“Marine gas sales” means a business typically associated with a marina that engages in retail gasoline sales for boats and other marine equipment. (Ord. 1969 § 9 (Exh. 10), 2016)

“Master plan” means a detailed site plan for certain distinct areas of the City for which specific plans have been reviewed and approved by the City. A master plan for a distinct area is not to be construed as a substitute for the Comprehensive Plan. Master plans may include, but are not limited to, general binding site plans, planned unit developments, or planned actions, as defined by WAC 197-11-164, 197-11-168, and 197-11-172. (Ord. 1969 § 9 (Exh. 10), 2016)

“Mental health facilities” means a facility primarily used to provide, through public and private agencies, emergency evaluation and treatment, residential care, and/or inpatient care to persons suffering from a mental disorder. Such facilities are state operated, certified or licensed. (Ord. 1969 § 9 (Exh. 10), 2016)

“Micro brewery” means a small-scale beer brewing plant located within a restaurant or tavern building in which a portion of the building is used for the production of beer for wholesale distribution and for on-site retail sale to restaurant or tavern patrons. Also see “Brewery,” “Distillery,” and “Micro distillery.” (Ord. 2046 § 1 (Exh. 1), 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Micro business” means a small-scale occupation, generally with five or fewer employees, which is primarily focused on light fabrication, small-scale repair, craft or artist studios, computer programming, and similar activities. Micro businesses are not primarily engaged in retail activities. Also known as business incubators. (Ord. 2046 § 1 (Exh. 1), 2018)

“Micro business development” means a building or buildings that are designed for a variety of those nonresidential uses defined as micro businesses. Micro business developments are equipped with fire suppression and other life-safety elements necessary to support the most intense use possible within the development as determined by the City and memorialized in covenants, conditions, and restrictions (or similar documents). Micro business developments often include shared resources amongst multiple businesses, such as parking, machinery, restrooms, meeting rooms, open space, and similar elements. Also known as maker’s spaces. (Ord. 2046 § 1 (Exh. 1), 2018)

“Micro distillery” means a small-scale plant specializing in the manufacture of alcoholic drinks through distillation. Such use shall be located within a restaurant or tavern building in which a portion of the building is used for the production of alcohol for the wholesale distribution and for on-site retail sale to restaurant or tavern patrons. See also “Distillery,” “Brewery,” and “Micro brewery.” (Ord. 2046 § 1 (Exh. 1), 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Micro facility” means an attached commercial wireless communications facility which consists of antennas equal to or less than four feet in height and with an area of not more than 480 square inches in the aggregate (e.g., one-foot-diameter parabola or two-foot by one and one-half foot) as viewed from any one point. The permitted antenna height includes the wireless communications facility support structure. (Ord. 1969 § 9 (Exh. 10), 2016)

“Mini-warehouse” means a structure or structures containing separate storage spaces of varying sizes that are leased or rented on an individual basis for commercial purposes and outdoor yards for the storage of goods where storage, retrieval and transport are the responsibilities of the renter or lessee. For storage of personal items, see “Active use storage” and “Personal storage.” (Ord. 2046 § 1 (Exh. 1), 2018; Ord. 2046 § 1 (Exh. 1), 2018; Ord. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Mobile food vehicle” means a licensed and operable motor vehicle used to serve, vend, or provide ready-to-eat food or nonalcoholic beverages for human consumption from an approved and assigned fixed location. Also see “Mobile food vendor (temporary),” “Permanent mobile food facilities.” (Ord. 2031 § 1, 2018)

“Mobile food vendor (temporary)” means any business operator or vendor who conducts business from a motor vehicle or cart upon private property for the purpose of selling food, also referred to as “vendor,” when in possession of a valid City of Ferndale permit for the use. (Ord. 2031 § 1, 2018)

“Mobile home” means a single-family residence transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. (Ord. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Mobile home park” means a lot or area of land in the same ownership which is occupied or designed for the occupancy of two or more mobile homes. (Ord. 1969 § 9 (Exh. 10), 2016)

“Mobile home stand” means that portion of a lot actually occupied by a mobile home. (Ord. 1969 § 9 (Exh. 10), 2016)

“Modular home” means factory-built housing designed primarily for residential occupancy by human beings which does not contain a permanent frame and must be mounted on a permanent foundation, approved by the Zoning Administrator. (Ord. 1969 § 9 (Exh. 10), 2016)

“Monopole” means a vertical support structure consisting of a single vertical metal, concrete, or wooden pole, typically round or square and driven into the ground or attached to a foundation. (Ord. 1969 § 9 (Exh. 10), 2016)

“Motel” means a building or group of buildings on the same lot containing dwelling units consisting of individual sleeping quarters detached or in connected rows or stories, with or without cooking facilities, for rental by transients. (Ord. 1969 § 9 (Exh. 10), 2016)

“Motor home” means a portable, temporary dwelling to be used for travel, recreational and vacation use constructed as an integral part of a self-propelled vehicle. A motor home is considered a recreational vehicle, as defined herein. (Ord. 1969 § 9 (Exh. 10), 2016)

“Mount” means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:

A.    Building Mount. A personal wireless service facility mount fixed to the roof or side of a building.

B.    Ground Mount. A personal wireless service facility mount fixed to the ground, such as a tower.

C.    Structure Mount. A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, water towers and bridges. (Ord. 1969 § 9 (Exh. 10), 2016)

See “Landscaping standards.” (Ord. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Multiple vendor business license” means a document issued by the City authorizing more than one business to operate, for a limited time and duration, under one business license obtained by the event organizer or their designee. Multiple vendor business licenses are typically associated with special events, craft fairs, or similar. (Ord. 2031 § 1, 2018)

“Municipal use” means those facilities necessary to the operation of the City government or to the provision of City services. Municipal uses are permitted in all zones. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Neighborhood playground” means an outdoor recreation area which provides recreation oriented to children of elementary school age, usually within safe and convenient walking distance for younger children of the neighborhood. Facilities typical in a neighborhood playground include paved areas for court games and field game areas. (Ord. 1969 § 9 (Exh. 10), 2016)

“Net density” means the number of units (typically expressed in residential units) per acre of land after required infrastructure and critical areas are deducted. In many cases, net density may be calculated by adding the cumulative area of all lots together and dividing that sum by the number of lots in a given area, typically within one subdivision. “Required infrastructure and critical areas” includes, but is not limited to, required public or private roads, infrastructure such as stormwater ponds, required public parks or trails, critical areas, and their required buffers. (Ord. 1969 § 9 (Exh. 10), 2016)

“Nonconforming land use” means the use of land which does not conform to the regulations of the district in which the use exists. (Ord. 1969 § 9 (Exh. 10), 2016)

“Nonconforming lot” means a lot which does not meet area or dimensional requirements of this title. (Ord. 1969 § 9 (Exh. 10), 2016)

“Non-sight-obscuring” means 50 percent or less solid surface and/or designed in such a way as to not block line of sight when viewed from a perpendicular angle. Examples include most types of decorative steel fence, wide spaced lattice, chain link, and wide spaced picket fences. Percent open space shall be calculated on a section-by-section, post-to-post basis. (Ord. 1969 § 9 (Exh. 10), 2016)

“Nursing home” or “rest home” means a home for aged, chronically ill, incurable persons, or persons in need of convalescent care outside of a hospital in which two or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness. (Ord. 1969 § 9 (Exh. 10), 2016)

“Nursery, plant” means an enterprise, establishment or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items such as clay pots, potting soil, fertilizers, insecticides, garden implements, etc. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Obstruction” means any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill or other analogous structure or matter in, along, across or projecting into any floodway which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water could carry some downstream to the damage or detriment of either life or property. (Ord. 1969 § 9 (Exh. 10), 2016)

“Office – corporate” means an establishment primarily engaged in providing internal office administration services as opposed to customer service in a single building or a campus setting; for example, the headquarters, regional offices and/or the administrative offices for a corporation. Generally, the majority of the traffic generated from corporate offices comes from employees and not the general public. (Ord. 1969 § 9 (Exh. 10), 2016)

“Office – professional” means establishments providing a wide variety of professional services including but not limited to: accountants, engineers, geologists, architects, financial consultants, landscape architects, land planners, surveyors and interior designers who generally conduct research, provide analysis of information, computer simulation, diagramming, mapping and/or drafting in order to create new products or plans. The definition may also include administrative, professional, educational, financial, governmental or customer services to individuals, businesses, institutions and/or governmental agencies in an office setting; for example, branch banks, travel agencies, medical offices, real estate offices, insurance agencies, government offices, customer service offices, data processing services, union or charitable organization offices and wholesaler’s offices. (Ord. 1969 § 9 (Exh. 10), 2016)

“Office – research and development” means an office/laboratory establishment engaged in the research, analysis, design, development and/or testing of a product. (Ord. 1969 § 9 (Exh. 10), 2016)

“Office supply store” means stores selling office products such as stationery, legal forms, writing implements, computers, copies, office furniture, and similar products. (Ord. 1969 § 9 (Exh. 10), 2016)

“Open space” means that part of a lot which is unobstructed from the ground upward. (Ord. 1969 § 9 (Exh. 10), 2016)

“Outdoor advertising sign” means any lettered, figure, or pictorial matter or other sign of any kind or character whatsoever, made visible for outdoor advertising purposes anywhere. (Ord. 1969 § 9 (Exh. 10), 2016)

“Outdoor advertising structure” means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary. (Ord. 1969 § 9 (Exh. 10), 2016)

See “Landscaping standards.” (Ord. 1969 § 9 (Exh. 10), 2016)

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

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

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

C.    “Junk and scrap storage” means storage of used products or scrap materials such as wood, cloth, paper, glass, metal, plastic, or rock material, which could be refurbished, recycled, or converted into usable stock or material. With some exceptions, outdoor storage must be screened from public view, pursuant to the landscaping standards of the Ferndale Municipal Code (Chapter 18.74 FMC). (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Park and ride” means a facility which provides commuters and others with the ability to park their personal vehicles and connect to public transportation, carpool, or other modes of transportation. (Ord. 1969 § 9 (Exh. 10), 2016)

“Parking lot” means an open area, other than a street or alley, used for the temporary parking of automobiles and available for public use, whether free or for compensation, or as an accommodation for clients or customers. (Ord. 1969 § 9 (Exh. 10), 2016)

“Parking space” means an off-street space, normally nine feet by 19 feet, used temporarily to park a motor vehicle and having access to a public street or alley. This is not to be construed to include area for required circulation. (Ord. 1969 § 9 (Exh. 10), 2016)

“Parking structure” means a structure used for the parking of vehicles where parking is accommodated on two or more levels. (Ord. 1969 § 9 (Exh. 10), 2016)

“Pasture” means a fenced enclosure or confined area used for the grazing of livestock or small animals which contains sufficient vegetation to serve as the principal food source for the livestock confined therein. (Ord. 1969 § 9 (Exh. 10), 2016)

“Pawn shop” means an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. (Ord. 1969 § 9 (Exh. 10), 2016)

“Pedestrian visibility setback” means a ground floor, street level building setback at building corners in specific zones as defined by code. The visibility setback shall be an area with a five-foot radius whose point of beginning is defined as the vertex of intersecting frontage lines. (Ord. 1969 § 9 (Exh. 10), 2016)

“Pen” means a fenced enclosure or small confined area used for the raising or keeping of livestock or small animals, but not including barns, sheds or similar structures, or pasture. (Ord. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Permanent mobile food facilities” or “co-located mobile food facilities” means a mobile food operation that has been incorporated into the overall site design of a new or existing business, either as a supplement to in-place kitchen operations, or as a replacement for such operations. Permanent mobile food facilities may feature a mobile food vehicle permanently placed at the subject location, or may feature a rotation of mobile food vehicles on a daily or less regular basis, when in possession of a valid City of Ferndale permit for the use. (Ord. 2031 § 1, 2018)

“Permeable pavement” in context of stormwater regulations 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. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Person” shall include a person, association, firm, copartnership or corporation. (Ord. 1969 § 9 (Exh. 10), 2016)

“Pervious surface,” in context of stormwater regulations, means a surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. (Ord. 1969 § 9 (Exh. 10), 2016)

“Personal loan business” means an establishment engaged in the business of cashing payroll checks and/or providing small, nonsecured, short-term loans to individuals. (Ord. 1969 § 9 (Exh. 10), 2016)

“Personal services business” means a business primarily engaged in providing services generally involving the maintenance of the human body, or other services to one’s person. Such businesses include, but are not limited to, barber and beauty shops, photographic studios, body piercing, manicuring shops, tanning parlors, body wrapping, tattoo parlors and massage practitioners. (Ord. 2046 § 1 (Exh. 1), 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Personal storage” means a structure or structures containing separate storage spaces of varying sizes that are leased or rented on an individual basis for personal purposes, and outdoor yards for the storage of goods where storage, retrieval and transport are the responsibilities of the renter or lessee. Tenants and lessees shall generally use these spaces only for the storage, retrieval, and transport of their goods. Repair or maintenance of stored goods, business activities, and the use of the units for recreational or residential purposes are prohibited. For storage of commercial items, see “Mini-warehouse.” For business activities, see “Micro business.” For recreational or repair activities, see “Active use storage.” (Ord. 2046 § 1 (Exh. 1), 2018)

“Pet shop and pet supply store” means establishments engaged in the retail sale of pets, pet food, supplies and the grooming of pets. (Ord. 2046 § 1 (Exh. 1), 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Photo processing, copying and printing services” means retail establishments that provide duplicating services using photocopy, blueprint and offset printing equipment, including collating of booklets and reports. (Ord. 1969 § 9 (Exh. 10), 2016)

See “Landscaping standards.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Pool, private” means a swimming pool built accessory to a dwelling unit and used for the enjoyment of the family living therein. (Ord. 1969 § 9 (Exh. 10), 2016)

“Pool, public” means a swimming pool to which the general public has access through the payment of a fee or admission charge. (Ord. 1969 § 9 (Exh. 10), 2016)

“Pool, semi-public” means a swimming pool accessory to a hotel, motel, multiple dwelling or similar use to which the general public does not have usual access, and located for the convenience of the guests or patrons of a hotel, motel or similar use. (Ord. 1969 § 9 (Exh. 10), 2016)

“Portable food vendor” means the vending of food and/or beverages from a movable cart-type stand which is located on the same lot as, and in conjunction with, a permitted use. Portable food vending stands cannot be self-propelled, must serve only walk-up customers, and may not be stored outdoors when the portable food vendor is not open for business. Portable food vendors must have a valid business licensed from the City of Ferndale and must also possess valid health certifications. The City of Ferndale may require a concession contract or similar for portable food vendors operating on public lands. (Ord. 1969 § 9 (Exh. 10), 2016)

“Portico” means a porch or walkway with a roof supported by columns, often leading to the entrance to a building. (Ord. 1969 § 9 (Exh. 10), 2016)

“Poultry farm” means a lot, structure or building used intensively for the raising, feeding, breeding, or keeping of chickens, turkeys, or other poultry for marketing or slaughter, or for the production of eggs for sale. (Ord. 1969 § 9 (Exh. 10), 2016)

“Primary use” means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. (Ord. 1969 § 9 (Exh. 10), 2016)

“Principal building or use” means that structure or use permitted outright or allowed as a matter of right within certain zones without public hearing, special permit or variance; provided, that such use is in accordance with requirements of the particular zone and general conditions stated elsewhere in this title. (Ord. 1969 § 9 (Exh. 10), 2016)

“Public agency” means every unit of local, state or federal government, both general purpose and special purpose, and includes the United States government, Washington State government, Whatcom County, the City of Ferndale, Port of Bellingham, Public Utilities District, water-sewer districts, Ferndale School District, Whatcom County Fire District 7, irrigation districts, metropolitan municipal corporations, and conservation districts. Public agencies do not include common carriers. (Ord. 1969 § 9 (Exh. 10), 2016)

“Public agency building” means any agency office for the administration of any governmental activity or program. (Ord. 1969 § 9 (Exh. 10), 2016)

“Public agency facility” means a lot, structure, facility or building which is necessary for the operation of a public agency or a public or private utility, which provides a public service such as supplying water, wastewater disposal, stormwater detention, electrical, transportation or communication service, emergency preparedness, or related functions. Facilities owned or operated by private utilities or private companies operating under a franchise with the City of Ferndale are included under this definition. (Ord. 1969 § 9 (Exh. 10), 2016)

“Public nuisance” means any violation of this title. (Ord. 1969 § 9 (Exh. 10), 2016)

“Public use” means those facilities necessary to the operation of a government other than the City of Ferndale or for the provision of such governmental services, excluding solid or hazardous waste sites. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Radio and television studio” means an establishment engaged in transmitting oral and visual programs, and which consists of a studio, transmitter, and antennas. (Ord. 1969 § 9 (Exh. 10), 2016)

“Noncommercial recreation area or community clubhouse” means an area devoted to facilities and equipment for recreational purposes typically including swimming pools, tennis courts, community clubhouses and other similar uses maintained and operated by a nonprofit club or organization whose membership is limited to residents within the area. (Ord. 1969 § 9 (Exh. 10), 2016)

“Recreational club” means an area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community clubhouses, and other similar uses maintained by a nonprofit organization whose membership is limited to the residents within the area in which it is located; provided, that membership shall not be denied to residents of the area based solely on race, creed or color. (Ord. 1969 § 9 (Exh. 10), 2016)

“Recreational vehicle” means a vehicle used for personal pleasure or travel, but shall not be used in connection with a business endeavor. (Ord. 1969 § 9 (Exh. 10), 2016)

“Recreational vehicle campground” means a parcel of land in which two or more campsites are designated primarily for temporary occupancy by recreational vehicles for travel, recreational or vacation uses. Such parks shall be construed to include those parks having sites for tent camping as well as for RV campers. Also referred to as “campground” and “park.” See Chapter 18.64 FMC. (Ord. 1969 § 9 (Exh. 10), 2016)

“Recreational vehicle park” means a parcel of land in which two or more sites are designated primarily for longer occupancy by recreational vehicles for travel, recreational or vacation uses, or, in some cases, long-term stays. Such parks may be construed to include those parks having sites for tent camping as well as for RV campers. Also referred to as “campground” and “park.” See Chapter 18.64 FMC. (Ord. 1969 § 9 (Exh. 10), 2016)

“Recreational vehicle space” means a space or area within an RV park designated for temporary occupancy by RV or tent campers. Also referred to as “site.” See Chapter 18.64 FMC. (Ord. 1969 § 9 (Exh. 10), 2016)

“Religious organization” means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. (Ord. 2066 § 1 (Exh. 1), 2018)

“Required infrastructure and critical areas” includes, but is not limited to, required public or private roads, infrastructure such as stormwater ponds, required public parks or trails, critical areas, and their required buffers. The Community Development Director is vested with the discretion to include additional areas in this calculation for the purposes of establishing net density. (Ord. 1969 § 9 (Exh. 10), 2016)

1. Code reviser’s note: Ord. 2066 adds this section as 18.08.067. It has been editorially renumbered to preserve alphabetization.

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

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

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

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

D.    “Restaurant, take-out” means a restaurant that offers a take-out service whereby food may be consumed off the premises. A take-out restaurant may also have seating facilities. (Ord. 1969 § 9 (Exh. 10), 2016)

“Retail establishment” means any new single- or multi-building/tenant development whose principal activity is the sale of new or used merchandise in an enclosed building, including entertainment, dining, related service industries, and associated warehousing or storage, and is processed according to the requirements of this title or the building permit process. Mixed use developments such as those which include professional offices or residential units shall comply with this chapter if more than one quarter of p.m. peak hour trips generated by the development are retail in nature, as determined by the current ITE Trip Generation Manual. (See Chapter 18.58 FMC.) (Ord. 1969 § 9 (Exh. 10), 2016)

“Risk potential facility or activity” means a community facility or location where, by design or practice, people accumulate on a regular basis as defined by RCW 71.09.020(7). Risk potential facilities include, but are not limited to, community centers, licensed day care operations, licensed preschool facilities, public libraries, public park and recreation facilities, religious facilities, public and private schools, school bus stops, playgrounds, sports fields, youth camps, and publicly dedicated trails. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Sales, retail” means a sale to the ultimate consumer for direct consumption and not for resale. (Ord. 1969 § 9 (Exh. 10), 2016)

“Sales, wholesale” means a sale for resale, not for direct consumption. For the purpose of land use classifications, a business primarily engaged in wholesale sales with less than 25 percent of the square footage of sales in related retail will be classified as wholesale. Establishments which offer wholesale prices or sales to the public shall generally be considered retail establishments. (Ord. 1969 § 9 (Exh. 10), 2016)

“Sanitary station” or “sanitary dumping station” means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks. (Ord. 1969 § 9 (Exh. 10), 2016)

“School” means public or private graded educational institution facility, structure or building, but not including trade schools. (Ord. 1969 § 9 (Exh. 10), 2016)

“School, alternative” means a school which offers a curriculum which is equivalent to but is a substitute for the curriculum commonly found in more traditional public or private schools. An alternative school may be operated by a public or private school district, or may be independent. (Ord. 1969 § 9 (Exh. 10), 2016)

“School, commercial” means a business establishment where instruction is given, in exchange for payment of a fee. Examples of subjects taught include, but are not limited to, dance, computer skills, music, and martial arts. (Ord. 1969 § 9 (Exh. 10), 2016)

“School, trade” means an educational facility, structure or building operated as a business enterprise offering instruction or training in the trades or industrial arts such as welding, brick laying, machinery operation, cooking, printing or similar trades or industrial arts, but not including schools. (Ord. 1969 § 9 (Exh. 10), 2016)

“Screening” means a continuous fence supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof, that would effectively screen the property which it encloses, is at least four feet high and is broken only for access drives and walks, and is not more than seven feet high. Trees and shrubs may exceed the seven-foot limit. (Ord. 1969 § 9 (Exh. 10), 2016)

“Secondhand/consignment store” means an establishment engaged in the retail sale of used clothing, sports equipment, appliances, and other merchandise. (Ord. 1969 § 9 (Exh. 10), 2016)

“Secondary, incidental or accessory use” means a minor or second use for which a lot, structure or building is designed or employed in conjunction with but subordinate to its principal use. (Ord. 1969 § 9 (Exh. 10), 2016)

“Secure community transition facility (SCTF)” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative. An SCTF has supervision and security, and either provides or ensures the provision of sex offender treatment services. (Ord. 1969 § 9 (Exh. 10), 2016)

“Senior housing” means a complex of dwellings exclusively designed for and occupied by households having at least one person 62 years of age or older. Also see “Complete life care retirement community” in FMC 18.08.365 and “Active adult community” in FMC 18.08.030. (Ord. 1969 § 9 (Exh. 10), 2016)

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

A.    Churches, or other religious facilities or institutions;

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

C.    Playgrounds, public parks and public trails;

D.    Public and private schools, technical schools and training facilities which have 25 percent or more of their students under the age of 18. (Ord. 1969 § 9 (Exh. 10), 2016)

“Service station” means buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. (Ord. 1969 § 9 (Exh. 10), 2016)

“Setback” means, unless otherwise specified in this title, the distance between any building area, plus the area of all but the outermost 24 inches of any part of a building or structure extending beyond its building area, and the nearest lot line measured at all points. This distance shall be adequate to satisfy front, side and rear yard requirements in addition to setback requirements of this title. (Ord. 1969 § 9 (Exh. 10), 2016)

“Shipping container” means a unit originally used for the transport, shipping, or hauling of materials or goods by land, sea, or air; capable of being moved or mounted by rail, truck, or boat. This definition includes steel sea or oceangoing containers marked with the American Bureau of Shipping’s emblem or meeting the International Standard Organization’s standards which can be detached from a trailer, chassis or frame, and which were formerly used for transporting sea or oceangoing cargo. This definition includes the terms “portable moving/storage unit/container/pod” and “cargo/oceangoing/transport container.” In addition, this definition applies to any structure designed to imitate the look of a shipping container. (Ord. 1969 § 9 (Exh. 10), 2016)

“Shopping center” means a concentration of retail and service establishments, usually under single ownership and/or management, and which characteristically draws from a wide service area so that a majority of the customers reach the center by private vehicle. Parking areas are ordinarily shared by all the stores in the center. (Ord. 1969 § 9 (Exh. 10), 2016)

“Short-term rental” means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights. (Ord. 2231 § 1 (Exh. 1), 2023)

See “Landscaping standards.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Sight-obscuring” means more than 50 percent solid surface and/or designed in such a way as to block line of sight when viewed from a perpendicular angle. Examples include any masonry wall (brick, block, stucco), solid wood fencing, picket fences where the pickets are placed as close (or closer) than the individual pickets are wide, and many styles of commonly available lattice. Percent open space shall be calculated on a section-by-section, post-to-post basis. (Ord. 1969 § 9 (Exh. 10), 2016)

“Sign” means any structure or natural object, such as a tree, rock and the ground itself, or part thereof, or device attached thereto or painted thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used for the purpose of announcement, direction or advertising. For the purpose of this definition, the word “sign” does not include any flag, badge or insignia of any civic, charitable, philanthropic, educational or similar organization. (Ord. 1969 § 9 (Exh. 10), 2016)

“Small livestock farming” means the keeping of four or more domesticated animals such as rabbits, chickens, ducks, turkeys, and similar fowl and animals which are kept for personal or agricultural use, or raised for sale and profit. (Ord. 1969 § 9 (Exh. 10), 2016)

“Specialty retail store” means one of a wide variety of stores involved in the retail sale of one or more general categories of specialty goods and merchandise, including but not limited to the following types of specialty stores: sporting goods, bicycles, glassware and chinaware, fishing tackle, music, greeting cards, jewelry, toys, hobby supplies, games, cameras, gifts and souvenirs, sewing supplies, tobacco products, newspapers, magazines, and comic books, religious supplies, guns and gun supplies or other miscellaneous goods. (Ord. 1969 § 9 (Exh. 10), 2016)

“Specified anatomical areas” and related terms shall be as defined by FMC 5.14.020. (Ord. 1969 § 9 (Exh. 10), 2016)

“Specified sexual activities” and related terms shall be as defined by FMC 5.14.020. (Ord. 1969 § 9 (Exh. 10), 2016)

“Sponsoring agency” means the host agency or another agency that assists the host agency and that may join in an application with a host agency for a temporary homeless encampment and assumes responsibility for providing basic services and support to emergency housing facility residents, such as hot meals, social services, sanitation, hygiene, storage of belongings, trash and refuse collection and coordination of other needed donations and services. (Ord. 2066 § 1 (Exh. 1), 2018)

“Stable, private” means a building in which horses are kept for private use and not for remuneration, hire, or sale. (Ord. 1969 § 9 (Exh. 10), 2016)

“Stable, public” means a building in which horses are kept for remuneration, hire, or sale, including riding academy. (Ord. 1969 § 9 (Exh. 10), 2016)

“Stock-in-trade” means all books, equipment, magazines, periodicals, pictures, posters, printed material, products (including prerecorded video tapes, discs, or similar material), or other items readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not open to patrons. (Ord. 1969 § 9 (Exh. 10), 2016)

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area equal to at least 50 percent of the usable floor area of the floor immediately below. The top floor area under a sloping roof with less floor area is a half story. The first story shall be considered the lowest story of which the ceiling is more than six feet above the average contact ground level at the exterior walls of the building. (Ord. 1969 § 9 (Exh. 10), 2016)

“Street” means a public thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley. (Ord. 1969 § 9 (Exh. 10), 2016)

“Street classification” means a street rating system that designates streets as primarily commercial or mixed-commercial residential for the purposes of zoning and land use. The street classification system does not affect street designations for the purposes of interpretation of development standards or in regard to Comprehensive Plan transportation element traffic volume and traffic handling assumptions. (Ord. 1969 § 9 (Exh. 10), 2016)

“Structural alteration” means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in the roof or exterior lines if such changes result in any enlargement of the building, or changes or rearrangement of other structural parts or exit facilities, or moving said structural parts or building to another location. Additionally, the installation or rearrangement of partitions in business, commercial or similar uses affecting more than one-third of a single floor area shall be considered a structural alteration. (Ord. 1969 § 9 (Exh. 10), 2016)

“Structure” means a combination of materials constructed or erected which has permanent location on the ground or is attached to something having permanent location on the ground, not to include paving or surfacing of areas, fences not more than seven feet high, walls not more than six feet high that are used as fences, or screening that is not more than six feet high. (Ord. 1969 § 9 (Exh. 10), 2016)

“Substance abuse treatment facility (SATF)” means a facility meeting applicable state and federal standards that provides support services including, but not limited to, counseling, rehabilitation and medical supervision. An SATF may function as a residence, day-treatment facility, or a combination thereof. An SATF may be staffed by resident or nonresident staff. (Ord. 1969 § 9 (Exh. 10), 2016)

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 75 percent of the assessed value of the structure before the damage occurred. (Ord. 1969 § 9 (Exh. 10), 2016)

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 75 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. “Substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term “substantial improvement” does not include any project for improvement to comply with existing state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official which are the minimum necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. (Ord. 1969 § 9 (Exh. 10), 2016)

“Supermarket” means a retail store in which food products are the primary merchandise sold, and for the purposes of definition in this title are of 3,000 square feet or more in sales area. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Tavern” means an establishment licensed to sell alcoholic drinks to be consumed on the premises. (Ord. 1969 § 9 (Exh. 10), 2016)

“Telemarketing service” means a business operation specializing in sales, customer assistance, and a variety of other services by telephone. Also known as call center. (Ord. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Temporary outdoor homeless encampment” means temporary emergency housing for four or more people (or two or more temporary shelters) that may include tents and other temporary shelter and managed as temporary accommodations for homeless people, and may be hosted by religious organizations. (Ord. 2066 § 1 (Exh. 1), 2018)

“Temporary public space use permit” means a document issued by the City authorizing the use of the public right-of-way or public parks within a designated time frame and physical location, typically associated with mobile food vehicles or vendors, and subject to permanent time and place restrictions as further described by FMC 18.72.105. (Ord. 2031 § 1, 2018)

“Theater, movie” means an enclosed structure or open air structure used for public assembly for the purpose of showing motion pictures. Also see “Cinema.” (Ord. 2031 § 1, 2018; Ord. 1969 § 9 (Exh. 10), 2016)

“Theater, family movie” means an enclosed structure or open air structure used for public assembly for the purpose of showing motion pictures with a G (general), PG (general – parental guidance), PG-13 (parental guidance – under 13 must be accompanied by adult) or R (restricted) rating only. (Ord. 1969 § 9 (Exh. 10), 2016)

“Tiny house” means a dwelling unit that is 400 square feet or less in floor area excluding sleeping lofts. These units can either be constructed on site subject to permits and inspections by the city; or they can be manufactured off site provided they are built and licensed pursuant to the regulations administered by the state of Washington through the Department of Licensing. (Ord. 2206 § 1 (Exh. 1), 2022)

“Towing, vehicle impound lots” means a lot used for the temporary storage of vehicles which have been towed by a towing company or for impounded vehicles, but which does not include permanent vehicle storage or dismantling of vehicles. (Ord. 1969 § 9 (Exh. 10), 2016)

“Tract” means a lot, usually several acres in area. (Ord. 1969 § 9 (Exh. 10), 2016)

“Trail head” means the beginning of a trail, or, when split by a right-of-way, the continuation of a trail on the opposite side of the right-of-way. (Ord. 1969 § 9 (Exh. 10), 2016)

“Transportation center” means a use which permits individuals to transfer between modes of transportation in one location. Also see “Bus terminal,” “Bus transfer station,” and “Park and ride.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Travel trailer” means a vehicular, portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation uses. A travel trailer is considered a recreational vehicle, as defined herein. (Ord. 1969 § 9 (Exh. 10), 2016)

See “Landscaping standards.” (Ord. 1969 § 9 (Exh. 10), 2016)

“Truck stop” means a service station primarily established and designed to provide petroleum products and similar service to large trucks. (Ord. 1969 § 9 (Exh. 10), 2016)

“Truck terminal” means a business providing a location where goods carried by motor transport can be received, transferred from one vehicle to another, and/or shipped, where the primary purpose is not storage but to serve as a point of transfer. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Nonresidential usable floor area” means as follows: The measurement of usable floor area for nonresidential uses shall be to the exterior face of exterior walls on the first story and any other story connected by a fixed stairway or elevator, which may be made fit for human habitation; the measurement shall include the floor area of all accessory buildings measured similarly but exclude the floor area required for heating and other mechanical equipment, unenclosed porches, light shafts, public corridors and public toilets. (Ord. 1969 § 9 (Exh. 10), 2016)

“Residential usable floor area” means as follows: The measurement of usable floor area for residential uses shall be the sum of the area of the first story measured to the exterior face of exterior walls plus, similarly measured, the area having more than seven feet, six inches of headroom, of any upper story that is connected by a fixed stairway which may be made usable for human habitation; but excluding the floor area of basements, garages, accessory buildings, attics, breezeways and unenclosed porches. (Ord. 1969 § 9 (Exh. 10), 2016)

“Use – conditional” means any use of a lot, structure or building which by its nature, intensity or potential impact upon an area cannot be considered as a principal or accessory use within a use district and may have the potential to significantly alter a district in a manner not anticipated by the underlying zone, but when subject to special conditions and standards specified in a special use permit may be compatible with other uses in the same or adjacent use districts. In addition to the application of special conditions and standards specific to individual uses, conditional use permits may also be subject to limited duration of the land use or periodic reviews in order to ensure compliance with the conditions of the approval. (Ord. 2006 § 2 (Att. 2), 2017; Ord. 1969 § 9 (Exh. 10), 2016)

“Use – permitted” means a use authorized or allowed alone in a specified use district for the preservation or promotion of which the use district is established and subject to the requirements of the regulations and standards of such use district, and to which all other uses are accessory, special, conditional, or nonconforming. (Ord. 1969 § 9 (Exh. 10), 2016)

“Use – accessory (secondary)” means a secondary or minor use of a lot, structure, or building designed or employed in conjunction with, but subordinate or incidental to, and compatible with the principal permitted use for which the use district is established, and subject to the regulations and standards of such use district. (Ord. 1969 § 9 (Exh. 10), 2016)

“Use, nonconforming” means the use of a building or other structure or of a tract of land which does not conform to the use regulations of this title for the district in which it is located, either at the effective date of this title or as a result of subsequent amendments which may be incorporated into this title. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Variance” means a modification of the regulations of this title granted by the Hearings Examiner after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. (Ord. 1969 § 9 (Exh. 10), 2016)

“Vehicle leasing and rentals” means the use of any building or land for a business involving the leasing of vehicles. (Ord. 1969 § 9 (Exh. 10), 2016)

“Vehicle dealership” means a business, conducted either within or outside of a building or group of buildings, which specializes in the sale or long-term lease of new or used automobiles, trucks or vans, recreational vehicles such as motor homes or golf carts, boats, farm vehicles, and/or utility vehicles such as riding lawnmowers. Vehicle dealerships may also include as accessory uses facilities for the warranty service and repair of vehicles, as well as professional offices and warehouses. Also includes vehicle sales. (Ord. 1969 § 9 (Exh. 10), 2016)

“Video rental store” means an establishment engaged primarily in the renting or sale of videocassettes, DVDs, and video games. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Warehousing and wholesale trade” means establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public. (Ord. 1969 § 9 (Exh. 10), 2016)

“Warehousing, storage and distribution” means a building where goods and materials are kept immediately prior to their delivery to retail outlets or their sale to other businesses. This use may include vehicle maintenance or storage as an accessory use. (Ord. 1969 § 9 (Exh. 10), 2016)

“Watercourse” means any depression below the surrounding land serving to give direction to a current of water and having a bed and well-defined banks. (Ord. 1969 § 9 (Exh. 10), 2016)

“Waterfront park” means an area with frontage on water, sound, lake, river or stream designed primarily to accommodate swimming, boating, fishing, washing and other waterfront activities. The primary attraction and desirability of the area for recreational purposes is due to the presence of water. (Ord. 1969 § 9 (Exh. 10), 2016)

“Wholesale use” means a business that stores large stocks of goods for sale in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer. (Ord. 1969 § 9 (Exh. 10), 2016)

“Wineries – production” means an establishment engaged in the production of wine for wholesale distribution. (Ord. 1969 § 9 (Exh. 10), 2016)

“Wineries – tasting room” means an establishment engaged in the retail sales of wines. (Ord. 1969 § 9 (Exh. 10), 2016)

Reserved. (Ord. 1969 § 9 (Exh. 10), 2016)

(Ord. 1969 § 9 (Exh. 10), 2016)

“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. When the lot definitions and yards requirements are insufficient to describe a particular lot situation, the Zoning Administrator’s interpretation of lot frontage and setbacks shall apply. (Ord. 1969 § 9 (Exh. 10), 2016)

“Front yard” means an open space extending across the full width of the lot, the required depth of which shall be measured horizontally and at right angles from the lot frontage line to a line parallel thereof on the lot. (Ord. 1969 § 9 (Exh. 10), 2016)

“Rear yard” means an open space extending across the full width of the lot between the principal building and the line opposite the lot frontage line. The depth of the rear yard shall be measured horizontally at right angles from the nearest point of the rear lot line towards the nearest part of the principal building. (Ord. 1969 § 9 (Exh. 10), 2016)

“Side yard” means an open space between the principal building and side lot line extending from the front yard to the rear yard. The width of the side yard shall be measured horizontally and at right angles from the nearest point of a side lot line towards the nearest part of the principal building. (Ord. 1969 § 9 (Exh. 10), 2016)

Reserved. (Ord. 1969 § 9 (Exh. 10), 2016)