Whatcom County Unincorporated
City Zoning Code

"Accessory dwelling unit (ADU)" is a smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs go by many different names, including accessory apartments, secondary suites, and granny flats. ADUs can be converted portions of existing homes (i.e., internal ADUs), additions to new or existing homes with at least one shared wall (i.e., attached ADUs), or new stand-alone (i.e., no shared walls) accessory structures or converted portions of existing stand-alone accessory structures (i.e., detached ADUs).

"Accessory kennel" or "accessory stable" means the indoor facilities necessary for an animal hospital or veterinarian to house overnight animals undergoing medical care or treatment.

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

"Active nest" means any nest with eagles actively nesting as determined by the presence of an adult in incubating posture, eggs, or young.

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

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

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

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

"Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

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

"Agriculture" means the use of land for farming, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating or storing the produce, though the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The terms "agriculture," "agricultural product," "horticulture," and "horticultural product" may not be construed to include or relate to cannabis, usable cannabis, or cannabis-infused products unless the applicable term is explicitly defined to include cannabis, usable cannabis, or cannabis-infused products pursuant to RCW 82.04.213.

In general, agritourism activities are any activities carried out on a farm or ranch whose primary business activity is agriculture or ranching and that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities including, but not limited to: self-harvest activities for consumers; farming; ranching; historic, cultural, and on-site educational programs; recreational farming programs; guided and self-guided tours; petting zoos; corn mazes; harvest-your-own operations; hayrides; and horseback riding.

"Aircraft landing area" means any locality, either on land, water, or structures including airports/heliports and intermediate landing fields, which is used, or intended to be used, for the landing and takeoff of aircraft.

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

"Alley" means a public right-of-way or easement less than 30 feet but greater than 10 feet for use by pedestrians, vehicles, public utilities, and/or other necessary public functions, which affords only a secondary means of access to abutting property.

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

"Animal husbandry" means the practice of breeding and tending domestic farm animals. For the purpose of this definition, animal husbandry does not include kennels or fur farms.

"Animal unit" means 1,000 pounds of livestock live weight. Waste production from livestock is expressed in pounds per day per 1,000 pounds of livestock live weight (lb./d/1,000 lbs.).

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

"Archaeological object" means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, graves, skeletal remains and technological byproducts.

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

"Archaeology" means systematic, scientific study of the human past through material remains.

"Athletic field" means a public or private outdoor facility for nonmotorized sports. These facilities may include backstops, goal posts, nets, fences, parking, restrooms, spectator seating, lights and a refreshment stand no larger than 300 square feet in total area.

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

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

"Battery energy storage system" (BESS) means an energy storage system that can store and deploy generated energy, typically a group of batteries that charge (i.e., collect energy) and store electrical energy from the grid or energy generation facility and then discharge that energy at a later time to provide electricity or other grid services when needed. BESS generally consist of batteries, battery storage containers, on-site switchyard, inverters, associated interconnection transmission line, and supervisory control and data acquisition system.

"Bed and breakfast establishment" means a privately owned dwelling that is the primary residence of the owner and in which, for compensation, one to two rooms are used as sleeping units to house or lodge individuals or families for periods of less than 30 days as transient visitors with or without limited food service. The use of the dwelling unit for the bed and breakfast shall be clearly incidental and subordinate to its use for residential purposes and the purpose of the applicable zoning district. At least one owner shall be present overnight when a guest room is rented.

"Bed and breakfast inn" means a privately owned dwelling that is the primary residence(s) of the owner in which, for compensation, three to five rooms are used as sleeping units to house or lodge individuals or families for periods of less than 30 days as transient visitors with or without limited food service. The use of the dwelling unit for the bed and breakfast shall be clearly incidental and subordinate to its use for residential purposes and the purpose of the applicable zoning district. At least one owner shall be present overnight when a guest room is rented.

"Best management practice (BMP)" means the schedule of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Washington State Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.

"Billboard" means any off-site sign owned by a third party used as an outdoor display for the purpose of making anything known, for the use of which a charge is made for advertising thereon.

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

"Building" means any structure used or intended for supporting or sheltering any use or occupancy as defined in the International Building Code. Mobile homes as defined in this chapter are excluded from this definition.

"Building height" means the vertical distance from grade plane to the average height of the highest roof surface. "Grade plane" is defined as the reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building. See Figures 20.97.020A and 20.97.020B.

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

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

"Cannabis" (a.k.a. "marijuana," "marihuana," or "cannabis"), as defined and regulated by Chapters 69.50 and 15.125 RCW, means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

"Cannabis processing facility" means a facility licensed by the state Liquor and Cannabis Board to process cannabis into usable cannabis, cannabis concentrates, and cannabis-infused products; package and label usable cannabis and cannabis-infused products for sale in retail outlets; and sell usable cannabis and cannabis-infused products at wholesale to cannabis retailers. A cannabis processing facility shall include any structure that is associated with the processing of cannabis.

"Cannabis production facility" means a facility licensed by the state Liquor and Cannabis Board to produce, harvest, trim, dry, cure, package cannabis, and sell cannabis at wholesale to state-licensed cannabis processors and other state-licensed cannabis producers. A cannabis producer may also produce and sell cannabis plants, seed, and plant tissue culture to other state-licensed cannabis producers. The area of a cannabis production facility includes all the area enclosed within a structure or fence that is required by the state Liquor and Cannabis Board for the production of cannabis. Where limitations on size are imposed pursuant to WCC § 20.80.690, the "facility" shall include all structures related to the production or processing of cannabis and any ground in which cannabis is grown. For the purposes of this code:

"Cannabis retail facility" means a facility licensed by the state Liquor and Cannabis Board to sell usable cannabis and cannabis-infused products in a retail outlet. A cannabis retail facility shall include any building or portion thereof that is associated with the sale of cannabis.

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

"Clearing" means destruction of vegetation by manual, mechanical, or chemical methods resulting in exposed soils.

"Clearing activity" means clearing taking place on a single parcel of record or as part of a single project. Fill and grade activities regulated by the county are considered a clearing activity.

"Closed record appeal" means an administrative appeal on the record to Whatcom County, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

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

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

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

“Co-living housing” means a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. Refer to the definition of "Co-living Housing Sleeping Unit."

A residential development with independently rented and lockable sleeping. Residents share kitchen facilities with other sleeping units in the building. A co-living sleeping unit shall be calculated at 1/4 of a dwelling unit for the purpose of density calculations.

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

"Conditional use" means a use permitted only after public review and approved by the hearing examiner and to which conditions may be attached by the hearing examiner.

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

"Consistency" means a project's performance, in accordance with the county's development regulations or in the absence of applicable development regulations, the appropriate elements of the county Comprehensive Plan or subarea plans adopted under Chapter 36.70A RCW, including but not limited to compliance and conformity.

"Convenience retail shop" means a food store designed and intended to serve the daily or frequent needs of the residential population living primarily within one mile of the shop. The food store may sell nonfood items such as household supplies, drugs and items for personal hygiene, but may not dispense gasoline or provide other service for automobiles.

"Conversion option harvest plan (COHP)" means a voluntary plan developed by the landowner and approved by the county prior to submittal to the Department of Natural Resources, indicating the limits of harvest areas, road locations, critical area buffers, and open space. The plan provides the landowner with the opportunity to log under a DNR Class II, III, or IV-Special permit without a county project permit while maintaining the option to convert the land at a later date.

"Conversion to a use other than commercial timber operation" means a bona fide conversion to an active use which is incompatible with timber growing (WAC 222-16-010).

See "Kitchen Facilities."

"Correction facility" means a facility and accessory uses operated by government, or under contract with government, that is primarily designed, staffed and used for housing juvenile or adult persons for the purposes of pre-trial custody, punishment, correction and/or rehabilitation following conviction of a criminal offense. Correction facilities include prisons, jails, work release centers and juvenile detention facilities.

"County council" means the county council of Whatcom County.

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

"Current Stormwater Manual" means the county engineer approved Washington State Department of Ecology (WSDOE) Stormwater Management Manual for Western Washington edition that is in effect on the date that the county receives a complete application for the project, work, or activity.

"Day care center" means a business regularly providing childcare during part of the 24-hour day to any number of children in commercial structure.

"Day care home" means an occupied dwelling unit regularly providing childcare services during part of the 24-hour day for 16 or fewer children in the family abode of the person or persons under whose direct care the children are placed. Such care in a family day care home is limited to 16 or fewer children, including those children living in the home or children of other close relatives cared for in the home.

"dB(a)" means A-weighted sound pressure scale.

"dB(c)" means C-weighted sound pressure scale.

"DBH" means diameter at breast height. The diameter of the tree 4.5 feet above the ground.

"Decibel" means a unit of measure of sound pressure.

"Demonstrative BMPs" means those BMPs that do not otherwise qualify as presumptive.

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

"Developed land" means the total land area of any lot of record which has a building, parking area, and/or structure for a permitted or conditional use except the following uses: agriculture as defined above; the growth, harvest and management of timber; or mining.

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

"Development runoff" means runoff that results from non-native vegetated areas.

"Development stormwater" means stormwater that results from non-native vegetated areas.

"Development stormwater runoff" means stormwater runoff that originates from non-native vegetated areas.

"Director" means the director of planning and development services or his/her designee.

"Distribution pipeline" means a pipeline other than a gathering or transmission pipeline or as defined at 49 CFR 192.3, if amended.

"Dock" means a platform structure or anchored device in or floating upon water bodies to provide moorage for pleasure craft or landing for water-dependent recreation including but not limited to floats, mooring buoys, swim floats, float plan moorages, covered moorages and water ski jumps. Launching ramps are excluded.

"Drainage ditch" means an artificially created watercourse constructed to drain surface or ground water.

"Duplex" means a single building designed for occupancy by two families living independently of each other in separate dwelling units on one lot of record. Each dwelling unit is required to have a separate outside entrance.

"Dwelling unit" means a single residential structure providing complete independent living facilities for one or more persons, including permanent provisions and fixtures for living, sleeping, eating and sanitation.

"Electric vehicle battery exchange facility" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.

"Electric vehicle charging station" means a parking space that is served by battery charging equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

"Engineered design" means a design performed, and/or supervised, by a Washington State licensed professional engineer.

"Essential airport operations" means operations, including parking requirements, directly related to the aviation use of an airport including but not limited to runways, taxiways, aprons, hangers, aviation fuel storage and terminals. Essential airport operations do not include restaurants, hotels, and industrial, commercial, recreational, and other like uses.

"Existing tree canopy area" means the tree canopy area in existence as of January 1, 2017, using best available information.

"Existing uses," when referencing uses within a rural community Type I LAMIRD, means legally established uses that existed on July 1, 1990.

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

"Noncommercial extraction" means extraction of sand or gravel or both from a site when it is incidental to a primary use, when it is intended to enhance agricultural productivity and when it will facilitate more uniform management of agricultural land.

"Fabrication" means the manufacturing from standardized parts of a distinct object differing from the individual components.

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

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

"Farm enhancement" means promoting proposed agricultural production by application of structural, cultural and management practices, including eliminating safety hazards such as excessive grades.

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

The "farmstead parcel" is the legally subdivided portion of the parent parcel containing an existing or planned farmstead home site.

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

or Shadow Flicker. "Flicker" or "shadow flicker" means the moving shadow cast by the rotating blades of a SWES/WES, or any intermittent, repetitive, or rhythmic lighting effect that is a direct result of rotating SWES/WES blades.

"Flicker analysis" means a study showing the duration and location of flicker potential.

"Floor area" means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts, decks, and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

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

"Floor area ratio (FAR)" means the square footage of the building divided by the square footage of the area of the site the building is to be located on.

"Footprint" means the perimeter foundation wall, exterior wall, or outside edges and corners of piers or columns which support structural elements that define the exterior boundaries of a building or structure, including impervious decks and balconies, but exclusive of projections. Projections shall include cornices, eave overhangs, and similar architectural appendages extending beyond the footprint.

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

"Forest land" means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing.

"Forest practice" means any activity conducted on or directly pertaining to forest land and related to growing, harvesting, or processing timber including, but not limited to: (1) road and trail construction; (2) fertilization; (3) prevention and suppression of diseases and insects; or other activities that qualify as a use or development subject to the Forest Practices Act.

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

"Forested area" means the area encompassed by the tree canopy and any native vegetation that occurs within the boundaries of the tree canopy.

A "fossil fuel refinery" is an entire complex, consisting of its individual units, equipment, or components, which in aggregate engages primarily in receiving and converting fossil fuels into products including but not limited to gasoline, distillates such as diesel fuel and heating oil, jet fuel, petrochemical feedstocks, waxes, lubricating oils, intermediate materials, and asphalt. Fossil fuel refinery uses include, but are not limited to: receiving feedstocks, bulk storage, manufacturing, or processing of fossil fuels, intermediate materials or byproducts, and shipment of those processed materials to downstream customers. The following activities do not render a fossil fuel refinery a fossil fuel transshipment facility: (1) inter-refinery shipments of refined products and intermediate materials such as unfinished oils and blendstocks, (2) transferring fossil fuels during emergency scenarios where contingencies require fossil fuels to be moved, and (3) necessary fossil fuels transfers during turn-arounds or maintenance periods. This definition shall exclude small fossil or renewable fuel storage and distribution facilities.

"Fossil fuel transshipment facility" is an entire complex, consisting of its individual units, equipment, or components, which in aggregate, engages primarily in the process of off-loading fossil fuels from one or more modes of shipment (i.e., rail, truck, pipeline, etc.), then storing and/or loading such fossil fuels without processing through a fossil fuel refinery, onto another mode of shipment to be transported outside of the designated zoning district boundaries, such as the Cherry Point Industrial District. This definition shall exclude small fossil or renewable fuel storage and distribution facilities.

"Fossil fuels" refers to hydrocarbon compounds and composites formed as a result of geologic processes acting on the remains of organic matter, including but not limited to coal, petroleum products and byproducts, crude oil, intermediate materials (such as unfinished oils and blendstocks), natural gas, oil shales, bitumens, tar sands, liquefied petroleum gases, propane, butane, and heavy oils. Renewable fuels are not fossil fuels.

"Front building facade" means the exterior front side of a building adjacent to the designated front property line or right-of-way. For the purposes of measuring garage setbacks, measurements shall be taken from the primary building wall excluding covered porches, decks and other architectural projections.

"Front-loaded garages" means garages that are accessed from a driveway that is perpendicular to the street or access road, with garage doors parallel to the designated front property line.

"Front porch" means a covered entrance to a single-family or multifamily structure, projecting from and attached to the primary building wall that lies adjacent to the designated front property line, often partially enclosed.

"Garage" means an attached or detached structure in which the primary purpose and function of the design is to accommodate access to and the storage of automobiles.

"Gathering pipeline" means a pipeline that transports gas from a current production facility to a transmission pipeline or main or as defined at 49 CFR 192.3, if amended.

As defined and illustrated in the definition of "building height."

"Greenhouse gas emissions" means gases that trap heat in the atmosphere. "Greenhouse gas," "greenhouse gases," "GHG," and "GHGs" include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or gases designated by the federal Clean Air Act (United States Code Title 42, Chapter 85), state Clean Air Act (Chapter 70A.15 RCW) or state limiting greenhouse gas emissions law (Chapter 70A.45 RCW) or any directly superseding provisions of state or federal law.

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

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

or Habitable Room. "Habitable space" or "habitable room" means any space or room within a structure that is being used for living, sleeping, cooking or dining purposes.

"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof.

"Hazard tree" means a tree whose risk evaluation, as determined through a Whatcom County approved tree risk assessment method, is high. Risk evaluation is the combined measurement of: tree failure identification, probability of failure, potential damage to permanent physical improvements to property causing personal injury, and consequences. A tree that constitutes an airport hazard is considered a hazard tree. A hazard tree whose failure is imminent and consequences of damage to permanent physical improvements to property causing personal injury is significant is considered an emergency. "Imminent" in this instance means failure has started or is most likely to occur in the near future, even if there is no significant wind or increased load. "Imminent" may be determined by a qualified consultant (defined in WCC § 16.16.900) or when mutually agreed upon by a landowner and Whatcom County.

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

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

"Hearing examiner" means the hearing examiner of Whatcom County (refer to Chapter 2.11 WCC).

"High traffic generator" means those land use activities allowed in a district which is anticipated to generate either more traffic or heavier vehicle types than by the use described in the title of the zone district.

A home-based business is a commercial enterprise for which the principal administrative and managerial activities take place within an individual's personal residence. Home-based businesses must remain incidental to the residential use pursuant to the standards of WCC § 20.80.970.

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

"Hub height" means the distance from the ground to the center axis of the rotor.

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

"Impervious surface" means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered detention/retention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

"Industrial park" means a tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses with special attention to circulation, parking, utility needs, aesthetics and compatibility.

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

"Interflow" means the portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface, e.g., in a roadside ditch, a wetland, a spring, or a seep. Interflow is a function of the soil system depth, permeability, and water-holding capacity.

"Intermediate materials" refers to refined or partially refined fossil fuel products that are produced at a refinery by processing crude oil and other petroleum-based feedstocks that can be further processed to produce refined products or other blending components. Under this definition, feedstocks such as "topped crude" are not intermediate materials.

"Kennel" means a commercial establishment in which five or more dogs, cats, or other household pets are housed, bred, or boarded for a fee or compensation. A kennel may include grooming and/or training as accessory uses.

"Kitchen facilities" are a room or space used for cooking or the preparation of food with all of the following: sink (not shared with sanitation facilities), 220 volt electric or gas stovetop with ventilation, refrigerator, and food preparation area. Portable or countertop appliances are not part of kitchen facilities. A second cooking facility will be allowed within a permitted single-family residence if a covenant or agreement document is signed, notarized, and recorded with the Whatcom County auditor acknowledging that the second cooking facility is permitted only as part of the single-family residence. The county may draft the covenant or agreement upon whatever terms the county in its discretion deems proper.

"Knoll" means a small, low, rounded hill rising above adjacent landforms.

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

"Land disturbing activity" means activity that results in a movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include but are not limited to clearing, grading, filling, excavation, and compaction associated with stabilization of structures and road construction. Vegetation maintenance practices are not considered a land disturbing activity. Stormwater facility maintenance is not considered a land disturbing activity if conducted according to established standards and procedures.

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

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

"Lifecycle greenhouse gas emissions" means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions), related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential.

"Off-street loading space" means space logically and conveniently located for bulk pick-ups and deliveries, scaled to delivery trucks expected to be used and accessible to such vehicles when required off-street parking spaces are filled.

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

"Lot, corner" means a lot which abuts two or more intersecting roads at their point of intersection.

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

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

"Lot, through" means a lot which abuts two or more roads that do not intersect at the lot.

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

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

"Managing agency" means an organization identified as the manager of a temporary homeless facility that has the capacity to organize and manage a temporary homeless facility on a 24-hour basis. Managing agencies are limited to religious organizations and non-profit agencies. A group of homeless residents is not considered a managing agency. A "managing agency" may be the same entity as the sponsor.

"Manufacturing" means the process of turning raw materials or parts into finished goods through the use of tools, human labor, machinery, and chemical processing.

"Mariculture" means a term for aquaculture conducted in a marine environment.

"Marina" means a wet moorage and/or dry storage facility for pleasure craft and/or small to moderate sized commercial craft where goods or services related to boating are sold commercially. Launching facilities and covered moorage may also be provided. Marinas may be open to the general public or restricted on the basis of property ownership or membership.

"Maximum atmospheric crude distillation capacity" or "MACDC" is the maximum number of barrels of input that the atmospheric distillation unit can process within a 24-hour period when running at maximum capacity. Maximum capacity is defined as the physical constraints of the atmospheric distillation process equipment as determined by a professional engineer licensed in the state of Washington and shall be measured in barrels per day.

The calculation of maximum transshipment capacity shall be conducted by a professional engineer licensed in the state of Washington and shall consist of one or a combination of the following limitations:

"May" means permissive action.

"Mental health facilities" mean buildings and accessory uses primarily utilized to provide, through public or private agencies, emergency evaluation and treatment, outpatient care, residential care, and inpatient care to persons suffering from a mental disorder. Mental health facilities are certified or operated by the State Department of Social and Health Services.

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

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

"Minimum net density" means the fewest number of residential units per acre that must be constructed or lots per acre that must be created in a short plat, subdivision or phased subdivision on the buildable area of a parent parcel within a land division. Minimum net density is calculated as the number of dwelling units per net acre after deducting land within the 100-year floodplain, land restricted from development by critical area regulations (including buffers) and shoreline regulations (including setbacks), land used for common facilities in the land division such as road rights-of-way or easements, utility easements, stormwater tracts, parks, open space tracts, and land devoted to nonresidential land uses in a mixed use development (e.g., commercial uses).

"Mobile home" means a dwelling unit designed for long-term human habitation by one family and having complete living facilities; constructed and fabricated into a complete unit at a factory and capable of being transported to a location of use on its own chassis and wheels; identified by a model number and serial number by its manufacturer; and designed primarily for placement on an impermanent footing. This includes manufactured tiny homes (see "Tiny home"). A unit that was originally built as a mobile home but has substantially lost its mobility by being placed on a permanent footing, the tongue and axle removed, skirting is installed, and that wholly meets state standards for such units, shall not be considered to be a mobile home and shall be treated as a single-family dwelling for the purpose of this code.

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

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

"Multifamily development" means two or more dwelling units on one lot except as provided in WCC § 20.40.103 for agricultural housing.

"Multifamily dwelling" means a single building, or portion thereof, designed for or occupied by three or more families living independently of each other in separate dwelling units on one lot of record and, for the purpose of this code, includes triplexes, fourplexes, apartment buildings, and residential condominiums.

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

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

"Natural runoff" means runoff that originates from native vegetated areas.

"Natural stormwater" means stormwater that originates from native vegetated areas.

"Natural stormwater runoff" means stormwater runoff that originates from native vegetated areas.

"Nonconforming use" means a building or land occupied by a legally established use that does not conform with the use regulations of the zoning district in which it is located.

"Nonconversion" means the continued use of land for forest production. The two following situations qualify as nonconversions of forested land:

"Nonindustrial buildings" means those buildings allowed within an Industrial District that house uses other than industrial.

"Nonresort-oriented hotel or motel" means those hotels or motels which only provide for the primary activities associated with such facilities.

"Open record appeal hearing" means an open record hearing that is held on an appeal if no open record hearing has been held on the project permit.

"Open record hearing" means a hearing conducted by a single hearing body or officer authorized by the county to conduct such hearings that creates the county's record through testimony and submission of evidence and information, under procedures prescribed by the county by ordinance or resolution.

"Open space" means any parcel or area of land or water not covered by structures, hard surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways, or where otherwise provided by this title or other county ordinance and set aside, dedicated, for active or passive recreation, visual enjoyment or critical area development buffers, as established in the Whatcom County Critical Areas Ordinance. For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in open space calculations.

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

"Outdoor recreation facilities" means land which is used for outdoor recreational activities. Such facilities include, but are not limited to, tennis and/or racquetball and basketball courts; soccer, baseball and football fields; climbing walls; baseball batting cages; golf courses or driving ranges; and swimming pools.

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

"Parent parcel" means a parcel that has been or is proposed to be further divided into additional lots, tracts, parcels or sites.

"Park" means private or public areas of land with or without buildings, designated for active or passive recreational uses. This includes unlit athletic fields with no more than one baseball diamond, soccer or football field, unenclosed spectator seating facilities and nor more than 30 parking spaces.

"Park model trailer" means a trailer designed to provide seasonal or temporary living quarters; is not self-contained and thus needs to be temporarily connected to utilities for operation of installed fixtures and appliances; has a gross trailer area not exceeding 400 square feet; and is approved by the state as a park model trailer. This includes type 1 THOWs (see "Tiny home").

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

"Party of record" means any of the following:

does not include a person who has only signed a petition or mechanically produced form letters. A party of record to an application/appeal shall remain such through subsequent county proceedings involving the same application/appeal. The county may cease mailing material to any party of record whose mail is returned by the postal service as undeliverable.

A party of record does not have standing unless they meet the standing criteria. Persons who do not qualify as parties of record may still receive notice of a decision or recommendation by submitting their names and addresses to the hearing examiner with a request for such notice.

Passenger Intermodal Terminal.

"Permanent employee" means someone employed during regular seasons more than 26 weeks within a period of 48 consecutive weeks.

"Permanent foundation" means a foundation constructed of masonry, concrete or treated wood in conformance to the requirements of the current code as adopted and amended per WCC Title 15, Buildings and Construction, and shall extend below the frost line or other method as accepted by the building official.

"Permeable pavement" means pervious concrete, porous asphalt, permeable pavers, or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.

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

"Phosphorus-mitigated" means areas where the development stormwater runoff phosphorus loading profile does not exceed the corresponding natural stormwater runoff phosphorus loading profile.

"Phosphorus neutral" means areas where the development stormwater runoff phosphorus loading profile does not exceed the natural stormwater runoff phosphorus loading profile from that area.

"Phosphorus-unmitigated" means areas where the development stormwater runoff phosphorus loading profile exceeds the corresponding natural stormwater runoff phosphorus loading profile.

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

"Poultry" means products derived from the slaughter and processing of broilers, other young chickens, mature chickens, hens, turkeys, capons, geese, ducks, small game fowl such as quail or pheasants, and small game such as rabbits.

"Presumptive BMPs" means those BMPs that will require no additional development stormwater runoff flow control or treatment per current Stormwater Manual declaration once physically established in compliance with all current Stormwater Manual criteria.

"Primary manufacturing" means the process of creating a product from raw or scrap materials. This can be done through machining, casting, forging, or other processes.

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

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

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

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

"Project permit" or "project permit application" means any land use or environmental permit or license required from Whatcom County for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan reviews, permits or approvals required by critical area ordinances, site specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this section.

"Propane intracompany transport" means the movement of propane from one propane retail and distribution facility receiving point to another propane retail and distribution facility within a company's network of wholly owned facilities.

"Propane retail and distribution facility" means a complex that will receive, store and distribute propane directly to an end user.

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

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

"Public community facility" means a publicly funded community service facility, including but not limited to a fire station, law enforcement station, public school, library, or water/sewer treatment facility; and excluding correction facilities.

"Public market" is defined as a temporary use which allows no new construction but does allow use of existing permanent structures or temporary vendor stalls for retail sales and services designed to accommodate multiple vendors with primarily seller-produced goods including produce and prepared foods.

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

"Public recreation" means those recreation facilities developed and maintained by any department or branch of the federal, state or local government, or special purpose district created for the purpose of providing recreation facilities, and such facilities shall be used for public purposes.

"Public sewer system" means, for land use planning purposes, a system intended to dispose of sewage meeting the definition of WAC 246-272A-0010: a sewerage system which is owned or operated by a city, town, municipal corporation, county, or other approved ownership consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal; and approved by or under permit from the Department of Ecology, the Department of Health, and/or a local health officer.

"Public utility" means a use owned or operated by a public or publicly licensed or franchised agency which provides vital public services such as telephone exchanges, electric substations, radio and television stations, wireless communications services, gas and water regulation stations and other facilities of this nature.

"Public water" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption as defined by Chapter 24.11 WCC and Chapters 246-290 or 246-291 WAC, as they now exist or are subsequently amended.

"Qualified independent acoustical consultant" means a private, third-party individual with full membership in the Institute of Noise Control Engineers (INCE), or other demonstrated acoustical engineering certification.

"Reclamation" means the process of reconverting disturbed lands to their former use or other compatible uses.

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

Baker Rim, Snowline, Paradise Lakes, Camper's Paradise, Peaceful Valley, the Glen at Maple Falls, Glacier Springs, Glacier Greene, Cascades West, Rivendell Estates, and Jukes Silver Lake Tracts.

"Recreational vehicle" means a motor vehicle or portable structure capable of being transported on highways by a motor vehicle; designed and intended for casual or short-term human occupancy for travel, recreational, and vacation uses without a permanent foundation; identified by a model number (RV), serial number, and vehicle registration number; and equipped with limited water storage and other self-contained living facilities. For the purposes of these regulations, the term "recreational vehicle" shall include self-contained campers, motorhomes, type 2 tiny home on wheels, and travel trailers, but shall not include park model trailers or type 1 tiny home on wheels, as they are not self-contained units.

"Recreational vehicle park" means a parcel of private land in which three or more contiguous sites are primarily for occupancy by recreational vehicles for travel, recreation, or vacation uses. Within mobile home parks, only spaces that are designated and/or are used for recreational vehicles shall constitute a recreational vehicle park. For the purposes of these regulations, the term "recreational vehicle park" shall include camping clubs.

"Rendering" means the process or business of producing tallow, grease, and high-protein meat and bone meal from animal by-products.

"Rendering plant" means a plant that processes animal by-product materials for the production of tallow, grease, and high-protein meat and bone meal.

"Renewable biomass" includes but is not limited to the following:

"Renewable fuel" means liquid or gaseous fuels produced from renewable biomass, woody biomass or landfill wastes and limited in terms of blending with fossil fuels. Renewable fuels shall also include fuels produced from renewable electricity including hydrogen and synthetic fuels. Common renewable fuels include ethanol, renewable diesel and biodiesel:

A "renewable fuel refinery" means a facility that processes or produces renewable fuels. This definition excludes small fossil or renewable storage and distribution facilities.

"Renewable fuel transshipment facility" is an entire complex, consisting of its individual units, equipment, or components which in aggregate engages primarily in the process of off-loading renewable fuels and/or renewable biomass from one mode of shipment (i.e., rail, truck, pipeline, etc.) then storing and/or loading such fuels without processing through a renewable fuel refinery or fossil fuel refinery, onto another mode of shipment to be transported outside of the designated zoning district boundaries, such as the Cherry Point Industrial District. This definition shall exclude small fossil or renewable fuel storage and distribution facilities.

"Replaced hard surface" means, for structures, the removal and replacement of hard surfaces down to the foundation; for other hard surfaces, the removal down to bare soil or base course and replacement.

"Replaced impervious surface" means, for structures, the removal and replacement of impervious surfaces down to the foundation; for other impervious surfaces, the removal down to bare soil or base course and replacement. (From 2012 DOE Stormwater Manual)

When the lot clustering method of land division or subdivision is used, the "reserve area" is an easement on a proposed division, subdivision or short subdivision which is reserved for agricultural, forestry, or open space purposes in perpetuity, or for other future-approved development purposes as specified in the Whatcom County Code.

When the lot clustering method of land division or subdivision is used, the "reserve tract" is that portion of a proposed cluster division, subdivision or short subdivision which is intended for agricultural, forestry, open space, or other future-approved development purposes. A reserve area easement may cover all or part of a reserve tract. A portion of a reserve tract may be developed but development within a reserve area easement shall be limited to that permitted per the reserve area standards for the zoning district in which the tract is located.

"Resident" means one who lives and usually works in the vicinity; not a visitor or transient.

"Residential unit" means a family dwelling unit intended for long-term human habitation and occupancy by a resident family.

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

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

"Retail" means the sale of goods or commodities to ultimate consumers, as opposed to sale for further distribution or processing.

"Ridge" means a hill that is proportionally longer than it is wider, generally with steeply sloping sides.

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

"Road classification" means any specific terms referring to type of road such as arterials, collectors, etc., as defined in the Whatcom County Development Standards.

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

"Rotor" means a system of airfoils designed to provide a reaction force relative to the movement of the surrounding air. The rotor is connected to a hub that rotates around an axis.

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

"Rural business designation" means an area that has been designated in the Comprehensive Plan as a limited area of more intensive rural development (LAMIRD), which allows for the intensification of development on lots containing isolated nonresidential uses or new development of isolated home-based businesses and isolated small-scale businesses, as defined in Washington State law (RCW 36.70A.070(5)(d)(iii)).

"Rural community" means an area that has been designated in the Comprehensive Plan as a mixed use LAMIRD based on historic development patterns, as defined in Washington State law (RCW 36.70A.070(5)(d)(i) and (iv)).

"Rural zoning districts" means zoning districts that allow rural, agricultural, recreation and forestry activities. These zoning districts include: R2A, R5A, R10A, ROS, Agriculture, and Forestry. This definition is intended for the purpose of regulating clearing activity only.

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

"Secondary manufacturing" means the process of taking primary manufacturing products and further processing them into finished goods. This can be done through assembly, packaging, or other methods.

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

"Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence, nor storage of imported vehicles awaiting customs clearance. No occupant may use a self-service storage facility for residential purposes.

"Setback line" means that line that is the required minimum distance from the street or road right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

"Shall" means mandatory action.

"Shooting ranges" typically are indoor and/or outdoor facilities developed and maintained for training and practice firing rifles, handguns and archery equipment. These may also include space for meetings, training, and storage of weapons and ammunition.

"Should" means recommended action, but not mandatory or required.

Group and Industry Numbers. "'SIC' group and industry numbers" means the group and industry categories established in the Standard Industrial Classification Manual (U.S. Bureau of the Budget, Washington, U.S. Government Printing Office, 1972).

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

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

"Internally illuminated sign" means a sign or portion of a sign that is illuminated by a light source that is contained within the sign.

"Off-premises sign" means a sign situated on premises other than those premises to which the sign's message is related.

"Off-premises advertising sign" means a sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.

"On-premises sign" means a sign situated on the premises to which the sign's message is related.

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

"Projecting sign" means a sign which is attached to a project at an angle from a building's exterior wall.

"Public agency directional sign" means an off-premises sign owned or endorsed by a public agency which indicates the distance and direction to a public use.

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

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

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

"Significant" means a reasonable likelihood of more than a moderate impact. The determination of the significance of the impact should consider the physical setting, the magnitude or duration of the impact, along with its chance of occurring.

"Significant tree" means any evergreen tree 12 inches or greater in diameter at breast height (DBH) or deciduous tree eight inches or greater DBH. Diameter at breast height shall be measured four and one-half feet above existing grade. The director may authorize the exclusion of any tree, which for reasons of health or age is not desirable to retain, from this definition.

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

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

"Single-family dwelling" means a residential unit permanently installed and served with utilities.

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

A site plan is a scale drawing of property and the development or other land use action being proposed. A site plan graphically describes existing and proposed conditions, providing locations, measurements, descriptions, etc. The main purpose of a site plan is to show how the intended land use relates to the features of a parcel and its surrounding area, giving permit reviewers, decision makers, and the public the ability to verify compliance with Whatcom County Code.

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

"Slaughtering" means the killing and processing of animals for human consumption.

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

"Small fossil or renewable fuel storage and distribution facilities" means:

"Small wind energy system (SWES)" means a wind energy conversion system, with a rated output up to and including 100 kW, consisting of: wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware.

"Solar access" means a property owner's right to have the sunlight shine on the owner's land.

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

"Sponsor" means an organization that:

"Standing" is the status required for a person, agency, or other entity to bring an action before the hearing examiner. A person has standing per RCW 36.70C.060 if they are:

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

"Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility.

"Stream" means as defined in the Whatcom County critical areas regulations (Chapter 16.16 WCC).

"Structure" means that which is built or constructed, a building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Substance abuse facilities" mean buildings and accessory uses primarily utilized to provide services to persons addicted to alcohol and/or other drugs, persons incapacitated by alcohol and/or drugs, and intoxicated persons. These services include detoxification, outpatient care, residential, and inpatient services.

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

"Technical committee" or "technical review committee" means the designated representatives of the Whatcom County planning and development services director, who shall act as chairperson, the Whatcom County public works director, and the Whatcom County health department director.

"Temporary building encampment" means a temporary homeless shelter in a building or other permanent structure with overnight sleeping accommodations for the homeless, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. This definition includes low-barrier shelters and other similar uses.

"Temporary homeless facility" means a facility providing temporary housing accommodations that includes a sponsor and managing agency, the primary purpose of which is to provide temporary shelter for people experiencing homelessness in general or for specific populations of the homeless. Temporary homeless facilities are temporary building encampments, temporary safe parking areas, temporary tent encampments and temporary tiny house encampments.

"Temporary safe parking area" means a temporary homeless shelter for a group of people living in their vehicles, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency.

"Temporary tent encampment" means a short-term living facility for a group of homeless people that is composed of tents or other temporary structures, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency.

"Temporary tiny house encampment" means a temporary homeless facility for a group of people living in purpose-built tiny houses for people experiencing homelessness, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. Temporary tiny houses for the homeless are between 100 and 300 square feet and easily constructed and moved to various locations. Temporary tiny houses are not dwelling units and, as such, are not required to meet building codes.

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

A "tiny home" is a dwelling unit that is 400 square feet or less in floor area (excluding sleeping lofts). For the purposes of this code there are four types of tiny homes, as described below.

"Total height of S/WES structure" means the distance measured from the grade plane (as defined and illustrated in the definition of "building height" in this chapter) to the tip of the SWES/WES rotor blade extended to its highest point. The support tower structure may be freestanding, guyed, or a monopole.

"Tower height" means the distance measured from the grade plane (as defined and illustrated in the definition of "building height" in this chapter) to the hub height of the wind turbine. This structure may be freestanding, guyed, or a monopole.

"Trailheads" are areas used for access to trails. Trailheads may include parking areas, restrooms and garbage collection facilities.

"Trails" mean areas used for walking and hiking. Where these are adequately constructed, then they may be used for bicycling and may meet ADA standards for wheelchair accessibility. Trails may also be used for mountain biking, cross-country skiing and horseback riding where appropriate.

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

"Tree canopy" means the total area of the tree(s) where the leaves and outermost branches extend; also known as the dripline.

Tree Height.

"Truck stop" means a service station, along with other facilities customarily used by commercial trucking operations during long trips, including truck washing, restaurants, and limited sleeping accommodations.

See "unsuitable land."

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

"Upwind turbine design" means a SWES/WES that has rotors and towers aligned such that the wind encounters the rotors before the tower. The tower will always be downwind of the rotors.

"Urban zoning districts" means zoning districts that allow industrial and commercial activities, and high and medium density residential densities. These zoning districts include: UR, URM, RR, RR-I, NC, RGC, GC, TC, RC, GI, LII, GM, HII, RIM and AO. This definition is intended for the purpose of regulating clearing activity only.

"Vacation rental unit" means a single-family dwelling unit or accessory dwelling unit that, for compensation, is rented as a single unit used to lodge individuals or families for a period of less than 30 days and where the owner is not present in the rented unit during the rental period. Individual sleeping rooms shall not be rented individually.

"Vegetation maintenance" means lawn maintenance, brush and tree pruning and other normal land maintenance activities involving cutting, removal or planting of vegetation by manual, mechanical, or chemical methods.

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

"Warehousing" means terminal facilities for handling freight with or without maintenance facilities.

"Adequate water supply" means a supply of potable water adequate to serve a land use associated with a project permit in terms of quality, quantity, and legal availability, as documented by a water availability notification signed by the director of the Whatcom County health department per WCC § 24.11.060.

"Water transmission lines" means pipes used to convey water from source, storage, or treatment facilities to points of distribution or distribution mains, and from source facilities to treatment or storage facilities. This also can include transmission mains connecting one section of distribution system to another section of distribution system as long as this transmission main is clearly defined on the plans and no service connections are allowed along the transmission main.

"Wholesale trade" means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

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

"Wind energy system (WES)" means one or more wind energy conversion systems with a rated output greater than 100 kW consisting of: wind turbine, tower, base, and associated control or conversion electronics, as well as anchors, guy cables, and hardware.

"Wind turbine" means the parts of the wind system including the blades, generator and tail.

"Front yard" means an open space on a lot, between the road right-of-way (front property line) and the requisite minimum front yard setback line.

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

"Side yard" means one of two open spaces found on a typical lot, bounded by the front yard, rear yard, the side lot line and the building closest to the side lot line.

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