Chapter 17.142 DEFINITIONS

Except where otherwise defined in this division, all words used in this division shall carry their customary meanings. “Used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 2554 § 3, 2003)

17.142.015 Abutting.

“Abutting” means adjoining with a common boundary line of 20 feet or more in a singular direction. (Ord. 2554 § 3, 2003)

17.142.025 Accessory structure.

“Accessory structure” means a subordinate structure the use of which is incidental to the use of the main structure on the same lot. If an accessory structure is attached to the main structure by a wall or roof, or is within six feet of the main structure, such accessory structure shall be considered as a part of the main structure. (Ord. 2756 § 2 (Exh. A); Ord. 2554 § 3, 2003)

17.142.027 Accessory dwelling unit.

“Accessory dwelling unit” means a complete dwelling unit as defined by the International Building Code that is located on the same lot as a detached single-family dwelling meeting the standards in Chapter 17.102 BMC. Accessory dwelling units may be attached to the primary single-family dwelling or detached from the primary single-family dwelling. (Ord. 2784 § 2 (Att. A), 2011; Ord. 2737 § 2 (Att. A), 2009)

17.142.030 Accessory use (or building).

An “accessory use” is subordinate to and dependent upon the primary use. It is subordinate in area, extent, or purpose to the principal building or principal use served. An accessory use is always associated with the principal use, like a garage is always associated with a house. Under this definition there can be no accessory use on a property without a principal use. Specific rules governing accessory uses are specified in Chapters 17.102 and 17.104 BMC. (Ord. 2692 § 3(3), 2008)

17.142.035 Adjacent.

“Adjacent” means close to, lying near; for example, a manufacturing district across the street or highway from a residential district shall be considered as adjacent. (Ord. 2554 § 3, 2003)

17.142.040 Adult day care.

An “adult day care” means a regular family residence in which care is provided by the residents during part of the 24-hour day for up to six adults who are not related by blood or marriage to the care providers. (Ord. 2554 § 3, 2003)

17.142.045 Adult family care facility.

An “adult family care facility” means a regular family residence of a person or persons licensed by the state of Washington to provide personal care, room and board for one to four adults who are not related by blood or marriage to the person or persons providing the services; provided, however, that a maximum of six adults may be permitted if the state licensing department determines that the home is of adequate size and that the home and provider are capable of meeting standards and qualifications established by the Department of Social and Health Services. (Ord. 2554 § 3, 2003)

17.142.050 Alley.

“Alley” means a public right-of-way, not greater than 30 feet in width, which affords a secondary access to abutting property. (Ord. 2554 § 3, 2003)

17.142.055 Apartment house.

“Apartment house” means the same as “multifamily dwelling,” a building or portion of a building arranged or designed to be occupied by families or persons living independently of each other. (Ord. 2554 § 3, 2003)

17.142.060 Arterial street.

“Arterial street” means a public street, the primary purpose of which is to provide for through traffic movement between areas and/or across the city with direct access to abutting property. It is subject to required control of entrances, exits and curb cuts. (Ord. 2554 § 3, 2003)

17.142.065 Attached residential.

“Attached residential” means a building or group of buildings with not less than three units each arranged or designed to be occupied by families or persons living independently of each other. For purposes of shoreline setback, they are defined as multifamily. (Ord. 2554 § 3, 2003)

17.142.066 Attached single-family dwelling unit.

“Attached single-family dwelling unit” means one of two paired housing units that share a common wall and which sits on an independent parcel of fee simple property. Paired units shall be designed to either blend completely with one another such that the two units appear as one larger single-family dwelling unit, or shall be designed to be clearly distinct having separate entries, separate driveway access, and unique and differing exterior materials and design treatment. (Ord. 2737 § 2 (Att. A), 2009)

17.142.067 Average grade level.

“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. (Ord. 2673 § 2, 2007)

17.142.069 Base density.

“Base density” means the number of housing units used in a calculation of PUD density bonuses that is determined by the PUD code and not calculated from the underlying zoning district. (Ord. 2737 § 2 (Att. A), 2009)

17.142.070 Block.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries. (Ord. 2554 § 3, 2003)

17.142.075 Boarder.

“Boarder” means a patron of a boardinghouse or roominghouse who is provided with meals, with or without lodging, for compensation. (Ord. 2554 § 3, 2003)

17.142.080 Boardinghouse or roominghouse.

“Boardinghouse” or “roominghouse” means a dwelling in which not more than five roomers and/or boarders are housed and fed. (Ord. 2554 § 3, 2003)

17.142.085 Buildable area.

“Buildable area” means the portion of a lot remaining after required setbacks and open space and open area requirements are met. (Ord. 2554 § 3, 2003)

17.142.090 Building.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy. (Ord. 2554 § 3, 2003)

17.142.095 Building area.

“Building area” means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point four inches in from the outside edge of a cantilevered roof. (Ord. 2554 § 3, 2003)

17.142.105 Building line.

Repealed by Ord. 2673. (Ord. 2554 § 3, 2003)

17.142.110 Business or commerce.

“Business or commerce” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit. (Ord. 2554 § 3, 2003)

17.142.115 Business and technical park.

“Business and technical park” means a planned development of one or more buildings which displays unity and high aesthetic standards in architecture and in the choice of building materials, landscaping and other external features, and typically is occupied by several tenants, with emphasis on office uses, distribution, low intensity warehousing, and light fabrication and/or assembly. Scientific and research laboratories may also be included, provided they do not employ the use of hazardous materials or volatile chemicals, except as a minor or incidental part of the production process. (Ord. 2554 § 3, 2003)

17.142.117 Carriage house.

“Carriage house” means a building containing one or two second-story dwelling unit(s) of not more than 1,200 square feet of interior floor area each that is (are) built above a garage or garages, the space of which is not considered in the 1,200-square-foot interior space limit. Garages are generally owned as condominiums by other dwelling units in the same PUD. (Ord. 2737 § 2 (Att. A), 2009)

17.142.120 Closed record appeal.

“Closed record appeal” means an administrative appeal or hearing, conducted by the city council, following an open record hearing, conducted by the review authority, on a project permit application. The appeal or hearing is on the record with only appeal argument allowed, except the council has the discretion to allow supplementation of the record upon a showing of good cause. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.125 Cluster subdivision.

“Cluster subdivision” means a subdivision in which minimum-lot-size requirements may be diminished so as to provide desirable open space without increasing the overall density. (Ord. 2554 § 3, 2003)

17.142.130 Collector street.

“Collector street” means a roadway designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic from the intersecting minor streets. (Ord. 2554 § 3, 2003)

17.142.135 Commission.

“Commission” means the planning commission. (Ord. 2554 § 3, 2003)

17.142.140 Comprehensive plan.

“Comprehensive plan” means the city of Blaine comprehensive plan as amended. (Ord. 2554 § 3, 2003)

17.142.145 Contiguous.

“Contiguous” means abutting. (Ord. 2554 § 3, 2003)

17.142.150 Controlling corner.

“Controlling corner” means all angle points of the perimeter of a subdivision or separate divisions of a subdivision. (Ord. 2554 § 3, 2003)

17.142.155 Cooperative or group house.

“Cooperative or group house” means a building occupied and maintained as a housekeeping unit by no more than 10 unrelated persons. (Ord. 2554 § 3, 2003)

17.142.160 Corner lot.

“Corner lot” means a lot or parcel of land abutting two or more streets at their intersection, or upon two parts of the same street, forming an interior angle of less than 135 degrees. (Ord. 2554 § 3, 2003)

17.142.162 Cottage.

“Cottage” means a single-family detached housing unit constructed per the International Residential Code with between 700 and 1,200 square feet of interior floor area composed of not more than one and one-half story, served by common open space and common parking. (Ord. 2737 § 2 (Att. A), 2009)

17.142.163 Cottage cluster.

“Cottage cluster” means a group of four to eight cottages sharing common open space and parking facilities. (Ord. 2737 § 2 (Att. A), 2009)

17.142.165 Council.

“Council” means the city council of the city of Blaine. (Ord. 2554 § 3, 2003)

17.142.170 Covenant.

“Covenant” means a binding and solemn agreement made by two or more individuals, parties, etc., to do or keep from doing a specified thing or things. (Ord. 2554 § 3, 2003)

17.142.175 Cul-de-sac.

“Cul-de-sac” means a street intersecting another street at one end and permanently terminated by a vehicular turnaround at the other end. (Ord. 2554 § 3, 2003)

17.142.180 Curbline.

“Curbline” means the line separating the street curb from the planting strip or sidewalk. (Ord. 2554 § 3, 2003)

17.142.185 Day care center.

A “day care center” means a facility licensed by the state of Washington to provide care for 13 or more children in a facility which is not a family home, during part of the 24-hour day. (Ord. 2554 § 3, 2003)

17.142.190 Dedication.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or a short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. (Ord. 2554 § 3, 2003)

17.142.195 Detached building.

“Detached building” means a building surrounded on all sides by open area. (Ord. 2554 § 3, 2003)

17.142.198 Director.

“Director” means the director of the community development services department at the city of Blaine or his or her designee. (Ord. 2728 § 2 (Exh. A), 2009; Ord. 2554 § 3, 2003)

17.142.200 Duplex.

“Duplex” means a detached building containing two dwelling units. (Ord. 2554 § 3, 2003)

17.142.205 Dwelling unit.

“Dwelling unit” means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. (Ord. 2554 § 3, 2003)

17.142.207 Electric vehicle terms.

Electric vehicle terms are defined as follows. Where definitions are not adopted herein, definitions in the Revised Code of Washington shall apply.

A. “Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. Level 1 and Level 2 battery charging stations, slow and medium, respectively, are considered appurtenant to residential uses and are thereby permitted within residential zoning districts.

B. “Battery exchange station” 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.

C. “Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications:

• Level 1 is considered slow charging.

• Level 2 is considered medium charging.

• Level 3 is considered fast or rapid charging.

D. “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle.

E. “Electric vehicle charging station” means a public or private parking space that is served by battery charging station 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. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

F. “Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

G. “Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels 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. (Ord. 2793 § 2 (Exh. A(1)), 2011)

17.142.210 Easement.

“Easement” means a grant by the property owner for use by the public, a corporation or person(s) of a parcel of land for specified purposes. (Ord. 2554 § 3, 2003)

17.142.215 Family.

“Family” means one person, or two or more related persons, or no more than five unrelated persons, living together in a single dwelling unit as a single nonprofit household. (Ord. 2554 § 3, 2003)

17.142.220 Family day care home.

A “family day care home” means a Washington State licensed facility that provides for the care of up to 12 children at one time (including children under the age of 12 who are members of the family housed there permanently) in the care provider’s residence during part of the 24-hour day. (Ord. 2554 § 3, 2003)

17.142.225 Final plat.

“Final plat” means the final drawing of the subdivision, including any dedication(s), as approved by the city council and filed for record with the county auditor. (Ord. 2554 § 3, 2003)

17.142.230 Flag lot.

“Flag lot” means a parcel of land created by subdivision and which includes a narrow projection or “flagpole” to the public right-of-way. (Ord. 2554 § 3, 2003)

17.142.235 Flagpole.

“Flagpole” means a narrow projection of land used as access to a flag lot. (Ord. 2554 § 3, 2003)

17.142.240 Fourplex.

“Fourplex” means a detached building containing four dwelling units. (Ord. 2554 § 3, 2003)

17.142.245 Front yard.

“Front yard” means an open space extending across the full width of the lot between a building and the front lot line. The depth of the front yard shall be measured perpendicular from the front lot line horizontally to the closest point of the building. For the purposes of determining yard requirements on corner lots and through lots, the front yard shall be located consistent with the frontal orientation of the structure as determined by the director. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.250 Full standard street.

“Full standard street” means a street complete with full-width surfacing, with curbs, gutters, drainage and sidewalks on both sides equal to the class of street required. (Ord. 2554 § 3, 2003)

17.142.252 Gambling.

“Gambling” means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person’s control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling does include fishing derbies, charity events, bond fide business transactions valid under the law of contracts, including, but not limited to, contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or guarantee and life, health, or accident insurance. In addition, a contest of chance which is specifically excluded from the definition of lottery under Chapter 9.46 RCW shall not constitute gambling (RCW 9.46.0237). (Ord. 2549 § 1, 2003)

17.142.255 Garage, parking.

“Parking garage” means a sheltered or enclosed accessory space used for the storage of the motor vehicles or boats of the residents of the premises. “Garage” includes “carport.” (Ord. 2554 § 3, 2003)

17.142.257 Glare.

“Glare” is defined as the sensation produced by light that is sufficiently greater than the light to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility. (Ord. 2628 § 2, 2006)

17.142.260 Greenbelt.

“Greenbelt” means a parcel of land, usually of strip or ribbon shape, left in a natural or artificially landscaped state, excluding all development except recreation. The primary purpose of a greenbelt is to buffer and separate areas of development and/or interconnect larger recreation sites. (Ord. 2554 § 3, 2003)

17.142.261 Hazardous material.

A “hazardous material” is any item or agent (biological, chemical, physical) which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors.

Hazardous materials are defined and regulated in the United States primarily by laws and regulations administered by the U.S. Environmental Protection Agency (EPA), the U.S. Occupational Safety and Health Administration (OSHA), the U.S. Department of Transportation (DOT), and the U.S. Nuclear Regulatory Commission (NRC). Each has its own definition of a “hazardous material”:

A. OSHA’s definition includes any substance or chemical which is a “health hazard” or “physical hazard,” including: chemicals which are carcinogens, toxic agents, irritants, corrosives, sensitizers; agents which act on the hematopoietic system; agents which damage the lungs, skin, eyes, or mucous membranes; chemicals which are combustible, explosive, flammable, oxidizers, pyrophorics, unstable-reactive or water-reactive; and chemicals which in the course of normal handling, use, or storage may produce or release dusts, gases, fumes, vapors, mists or smoke which may have any of the previously mentioned characteristics. (Full definitions can be found at 29 Code of Federal Regulations (CFR) 1910.1200.)

B. The EPA incorporates the OSHA definition, and adds any item or chemical which can cause harm to people, plants, or animals when released by spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment. (40 CFR 355 contains a list of over 350 hazardous and extremely hazardous substances.)

C. The DOT defines a hazardous material as any item or chemical which, when being transported or moved, is a risk to public safety or the environment, and is regulated as such under the: Hazardous Materials Regulations (49 CFR 100 through 49 CFR 180); International Maritime Dangerous Goods Code; Dangerous Goods Regulations of the International Air Transport Association; Technical Instructions of the International Civil Aviation Organization; or U.S. Air Force Joint Manual, Preparing Hazardous Materials for Military Air Shipments.

D. The NRC regulates items or chemicals which are “special nuclear source” or byproduct materials or radioactive substances. (See 10 CFR 20.) (Ord. 2692 § 3(3), 2008)

17.142.262 Hazardous materials use.

“Hazardous materials use” includes the production, use, storage, transportation and disposal of hazardous substances, chemicals and wastes that place the public, property and environment at significant risk. (Ord. 2692 § 3(3), 2008)

17.142.263 Health care facility.

“Health care facility” means a facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. (Ord. 2673 § 3, 2007)

17.142.265 Health department.

“Health department” means the Whatcom County health department. (Ord. 2554 § 3, 2003)

17.142.267 Heavy impact industrial use.

A “heavy impact industrial use” is primarily related to producing, distributing and changing the form of raw materials, whereby product demand and industrial employment are predominately basic and serving nonlocal markets. (Ord. 2692 § 3(3), 2008)

17.142.268 Height.

“Height” is measured from average grade level to the highest point of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003. Formerly 17.142.100)

17.142.270 Home occupation.

“Home occupation” means an occupation conducted in a dwelling unit. Home occupations are legally established as provided in Chapter 17.96 BMC. (Ord. 2554 § 3, 2003)

17.142.275 Hospital.

“Hospital” means a building designed and used for medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. 2554 § 3, 2003)

17.142.280 Hotel.

“Hotel” means any building or portion thereof containing five or more rooms which share a common entry to the building. The rooms are commercial facilities intended for transient accommodation. A commercial kitchen, dining room and accessory shops and services catering to the general public may be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. A hotel is a transient accommodation and shall conform to the definition thereof. (Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.142.285 Household.

“Household” means one person, or two or more related persons, or no more than five unrelated persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. (Ord. 2554 § 3, 2003)

17.142.290 Impervious surface.

“Impervious surface” means any material that prevents absorption of storm water into the ground, including, but not limited to, structures, pavement, cement or concrete. Areas covered by wooden decks, gravel, lawn, landscaping or other alternative surfaces including, but not limited to, paving blocks or plastic matting which permit full or partial penetration of storm water shall not be considered impervious. (Ord. 2554 § 3, 2003)

17.142.295 Interior lot.

“Interior lot” means a lot other than a corner lot. (Ord. 2554 § 3, 2003)

17.142.300 Junkyard.

“Junkyard” means a lot, land or structure, or part thereof, used for the collecting and storage of waste papers, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition. “Junkyard” includes auto wreckage yards or storage yards for wrecked automobiles. (Ord. 2554 § 3, 2003)

17.142.305 Junk vehicle.

“Junk vehicle” means any vehicle or trailer that is extensively damaged to the extent that it has a broken window or windshield, is missing wheels or tires, or is not equipped with a motor or transmission or any equipment required for operation on public highways as contained in Chapter 46.37 RCW and pertinent sections of the WAC. (Ord. 2554 § 3, 2003)

17.142.310 Kennel.

The keeping of more than three dogs constitutes a “kennel.” For the purposes of this definition, one litter of unweaned pups shall not be considered “dogs” until weaned. (Ord. 2554 § 3, 2003)

17.142.315 Land coverage.

“Land coverage” means lot coverage. (Ord. 2554 § 3, 2003)

17.142.316 Light impact industrial use.

A “light impact industrial use” is primarily related to services and distribution, manufacture and assembly of finished products that have a relatively light impact on adjacent uses and districts. (Ord. 2692 § 3(3), 2008)

17.142.317 Light trespass.

“Light trespass” is defined as light projected onto a property or roadway from a light source located on a different property. (Ord. 2628 § 2, 2006)

17.142.320 Loading space.

“Loading space” means an off-street space or berth on the same lot with a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. (Ord. 2554 § 3, 2003)

17.142.325 Local or minor access street.

“Local or minor access street” means a street providing vehicular access to abutting properties. (Ord. 2554 § 3, 2003)

17.142.330 Lot.

“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum requirements of this title. “Lot” includes the words “tract” and “parcel.” (Ord. 2554 § 3, 2003)

17.142.335 Lot coverage.

“Lot coverage” means that portion of a lot that is covered by buildings, structures and other impervious surfaces. (Ord. 2554 § 3, 2003)

17.142.340 Lot frontage.

Repealed by Ord. 2673. (Ord. 2554 § 3, 2003)

17.142.345 Lot measurements.

A. “Depth” of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

B. “Width” of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot. In the absence of straight and parallel lines, a measurement of lot width shall be taken as the average lot width between the front and rear yard setbacks.

C. For irregularly shaped lots, the administrator shall determine lot measurements from such points as are most consistent with the purpose and intent of this title. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.350 Lot of record.

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county clerk or a lot or parcel described by metes and bounds, the description of which has been recorded. (Ord. 2554 § 3, 2003)

17.142.353 Major development.

Repealed by Ord. 2879. (Ord. 2577 § 4, 2004; Ord. 2554 § 3, 2003)

17.142.354 Major exterior remodels.

“Major exterior remodels” are all remodels or series of phased remodels whose value exceeds 50 percent of the value of the existing structure (as determined by the city of Blaine valuation methods). (Ord. 2600 § 5, 2005)

17.142.355 Marginal access street.

“Marginal access street” means a street which is parallel to and adjacent to a major arterial, which provides access to the properties abutting it and which separates the abutting properties from high-speed vehicular traffic. (Ord. 2554 § 3, 2003)

17.142.360 Metes and bounds.

“Metes and bounds” means a description of real property which starts at a known point and describes the bearings and distances of the line forming the boundaries of the property and is completed when the description returns to the point of beginning. (Ord. 2554 § 3, 2003)

17.142.362 Minor exterior remodels.

“Minor exterior remodels” are all remodels whose value does not exceed 50 percent of the value of the existing structure (as determined by the city of Blaine valuation methods). (Ord. 2600 § 5, 2005)

17.142.365 Monument.

“Monument” means a concrete mass from 12 to 18 inches in length with a diameter of six inches. The top of the monument shall contain a readily definable point such as (A) a punched brass cap, (B) a copper rod extending the full length of the monument, or (C) some other point which meets the specifications of the public works director. It must also contain one-half-inch reinforcing steel or other magnetic material, except where enclosed in an iron monument case. (Ord. 2554 § 3, 2003)

17.142.370 Motel.

“Motel” means a building or group of buildings containing dwelling units consisting of individual sleeping quarters detached or in connected rows or stories, with or without cooking facilities for rental to transients. (Ord. 2554 § 3, 2003)

17.142.375 Multifamily dwelling.

“Multifamily dwelling” means a building or portion thereof containing three or more dwelling units. (Ord. 2554 § 3, 2003)

17.142.380 Nonconforming building.

“Nonconforming building” means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the district in which it is located or to the requirements of the International Building Code of the International Code Council which constitutes the building code of the city. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.385 Nonconforming land use.

“Nonconforming land use” means the use of land which does not conform to the regulations of the district in which it is located. (Ord. 2554 § 3, 2003)

17.142.387 North American Industry Classification System (NAICS).

The “North American Industry Classification System (NAICS)” (pronounced “nakes”) is the industry classification system used by the statistical agencies of the United States. NAICS replaced the 1987 Standard Industrial Classification (SIC). NAICS uses a six-digit hierarchical coding system to classify all economic activity into 20 industry sectors. Economic units that use like processes to produce goods or provide services are grouped together. (Ord. 2692 § 3(3), 2008)

17.142.390 Nursery school.

“Nursery school” means an establishment for preschool children for educational experience but not for supplemental parental care. (Ord. 2554 § 3, 2003)

17.142.393 Nursing or convalescent home.

“Nursing or convalescent home” means an establishment providing care for convalescents or invalids. Such establishments shall be duly licensed by the state as a “nursing home” in accordance with current state statutes. (Ord. 2628 § 2, 2006)

17.142.395 Open area.

“Open area” is the portion of a lot, parcel or tract of land free from buildings, structures, impervious surfacing, and pervious paving products. (Ord. 2824 § 2 (Exh. A), 2012; Ord. 2554 § 3, 2003)

17.142.398 Open record hearing.

“Open record hearing” means a public hearing. The hearing creates the evidentiary record pursuant to procedures prescribed by ordinance or resolution. Open record hearings either result in a recommendation to the city council; or a final decision on a project permit application; or constitute an appeal of an administrative decision on a project permit application. (Ord. 2554 § 3, 2003)

17.142.400 Open space.

“Open space” is any parcel or area of land essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Subheadings include:

A. Open Space, Common – Land within or related to a development, not individually owned or dedicated for public use, which is designated and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

B. Open Space, Private – Common open space held in private ownership, the use of which is normally limited to occupants of a single dwelling or building.

C. Open Space, Public – Open space owned by a public agency and maintained by it for the use and enjoyment of the general public. (Ord. 2554 § 3, 2003)

17.142.405 Overnight accommodation.

“Overnight accommodation” means individual sleeping units intended for transient occupancy; including bed and breakfast facilities, hotels and motels. (Ord. 2554 § 3, 2003)

17.142.410 Owner.

“Owner” means an individual, firm, association, syndicate, partnership or corporation having any proprietary interest in land. (Ord. 2554 § 3, 2003)

17.142.412 Panhandle.

“Panhandle” means a narrow projection of land used as the access corridor for a flag lot. (Ord. 2737 § 2 (Att. A), 2009)

17.142.415 Parking space.

“Parking space” means an off-street space, normally nine feet by 20 feet, plus room to enter and exit, used temporarily to park a motor vehicle and having access to a public street or alley. This is not to be construed to include entrance alleyways or access space to a parking lot. This space does not include area for required circulation. (Ord. 2554 § 3, 2003)

17.142.420 Pavement width.

“Pavement width” means the actual paved surface, measured between faces of curbs of streets or from edge to edge of alley road surface. (Ord. 2554 § 3, 2003)

17.142.425 Permitted building or use.

“Permitted building or use” means that structure or use permitted outright or allowed as a matter of right within certain districts without public hearing, special permit or variance; provided, that such use is in accordance with requirements of the particular district and general conditions stated elsewhere in this title. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.430 Permitted use.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specific district and subject to the limitations of the regulations of such district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.435 Person.

“Person” includes “person,” “association,” “firm,” “co-partnership” or “corporation.” (Ord. 2554 § 3, 2003)

17.142.440 Planned zoning district.

“Planned zoning district” means a district in which an overall master plan is required before development can occur. As part of the provisions of a planned district, the minimum lot size and dimensional requirements may be modified according to the provisions of the approved plan. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.445 Planning commission.

“Planning commission” means the city of Blaine planning commission. (Ord. 2554 § 3, 2003)

17.142.450 Plat.

“Plat” means a map or representation of a subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications. (Ord. 2554 § 3, 2003)

17.142.455 Plat certificate.

“Plat certificate” means a title report by a title insurance company certifying ownership, deed restrictions, covenants, etc., of the land being subdivided. (Ord. 2554 § 3, 2003)

17.142.460 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. (Ord. 2554 § 3, 2003)

17.142.462 Principal use (or building).

A “principal use” is consistent with the main purpose of the district, exists independently of any other use of a property, and is allowed “by right” or conditionally allowed. A principal use is the dominant use. Dwellings in a residential district or stores in a business district are examples of principal uses. (Ord. 2692 § 3(3), 2008)

17.142.465 Public health official.

“Public health official” means the district health officer, Bellingham-Whatcom County department of health. (Ord. 2554 § 3, 2003)

17.142.470 Public service institutions.

“Public service institutions” means schools and educational institutions, park and recreational facilities, public libraries, art galleries, museums, and municipal buildings and structures. (Ord. 2554 § 3, 2003)

17.142.472 Public works director.

“Public works director” means the public works director or his or her appointed representative responsible for the design and construction of streets and utilities for the city. (Ord. 2554 § 3, 2003)

17.142.473 PUD buffer.

“PUD buffer” means that area around the edge of a PUD where the PUD site shares a property line with adjacent private property and which is used exclusively for separating PUD uses from adjacent uses. “PUD buffer” shall not include above ground structures except fences and screens and shall be primarily used for retention of native vegetation or landscaping. (Ord. 2737 § 2 (Att. A), 2009)

17.142.474 PUD master plan and PUD site plan.

PUD master plan and PUD site plan are two different documents that are intended to be complementary to each other. “PUD master plan” means a bound document composed of text, photos, drawings, design plans, and specifications that describes the development concept for a PUD and provides enough information to determine if subsequent land development, grading, landscaping, and building plans are consistent with the approved PUD. The PUD master plan shall provide written descriptions and/or typical or conceptual illustrating examples of items that are impractical to illustrate to the detail required in the PUD site plan.

“PUD site plan” means a scaled and accurate drawing that demonstrates the location of facilities within a PUD including but not limited to buildings/building pads, roads, trails and sidewalks, open space, recreation amenities, and infrastructure. Independently, or in conjunction with a binding site plan or plat, the PUD site plan provides guidance supplemental to the PUD master plan for decisions related to dimensions and location of facilities. (Ord. 2737 § 2 (Att. A), 2009)

17.142.475 Rear yard.

“Rear yard” means an open space extending across the full width of the lot between the principal building and the rear lot line. The depth of the rear yard shall be measured perpendicular from the rear lot line horizontally to the closest point of the building. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.478 Recreational amenity.

“Recreational amenity” means a facility within a PUD that is designed primarily for the use and enjoyment of residents of the PUD. Recreational amenities are divided into major and minor categories as regulated by the PUD code, wherein major amenities are larger, more costly to construct, and provide greater benefit to a larger number of people simultaneously than a minor amenity. Intended use of recreational amenities may be passive or active. (Ord. 2737 § 2 (Att. A), 2009)

17.142.480 Recreational vehicle.

“Recreational vehicle” means a vehicle designed primarily for recreational camping, travel, vacation, seasonal or emergency use which has its own motor power or is mounted on or towed by another vehicle. This definition includes but is not limited to travel trailers, folding camp trailers, park trailers, truck campers, motor homes, fifth wheels, boats and similar vehicles. (Ord. 2554 § 3, 2003)

17.142.485 Right-of-way or R/W.

“Right-of-way” or “R/W” means a strip of land dedicated to and maintained by the city for street and utility purposes and on a portion of which a street is built. (Ord. 2554 § 3, 2003)

17.142.490 Roadside stand.

“Roadside stand” means a temporary (30-day) structure limited to the display and sales of seasonal produce or other seasonal products. (Ord. 2554 § 3, 2003)

17.142.495 Roomer.

“Roomer” means a resident of a boardinghouse or roominghouse who is provided lodging with or without meals, for compensation. (Ord. 2554 § 3, 2003)

17.142.500 Screening.

“Screening” means a continuous fence supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof, that would effectively screen the property which it encloses, is at least four feet high and is broken only for access drives and walks. (Ord. 2554 § 3, 2003)

17.142.502 Semi-trailer.

A “semi-trailer” is a trailer without a front axle. A large proportion of its weight is supported either by a road tractor, by a detachable front axle assembly known as a dolly or by the tail of another trailer. A semi-trailer is normally equipped with legs which can be lowered to support it when it is uncoupled. (Ord. 2692 § 3(3), 2008)

17.142.503 Semi-trailer truck (semi).

A “semi-trailer truck (semi)” is a tractor unit and a semi-trailer coupled together. (Ord. 2692 § 3(3), 2008)

17.142.505 Setback requirements.

“Setback requirements” means the distance that buildings or uses must be separated from their lot lines. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.510 Shopping center.

“Shopping center” means a concentration of retail and service establishments, usually under single ownership and/or management, and which characteristically draws from a wide service area so that a majority of the customers reach the center by private vehicle. Parking areas are ordinarily shared by all the stores in the center. (Ord. 2554 § 3, 2003)

17.142.515 Short plat.

“Short plat” means the map or representation of a short subdivision. (Ord. 2554 § 3, 2003)

17.142.520 Short subdivision.

“Short subdivision” means a division of land into four or less lots, tracts, parcels, sites or subdivisions. (Ord. 2554 § 3, 2003)

17.142.525 Side yard.

“Side yard” means an open space extending from the front yard to the rear yard between a building and the side lot line. The width of the side yard shall be measured perpendicular from the side lot line horizontally to the closest point of the building. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.142.530 Sign.

“Sign” means any structure or natural object, such as a tree, a rock and the ground itself, or part thereof, or device attached thereto or painted thereon, which is used to attract attention to any object, produce, place, activity, person, institution, organization or business, or which displays or includes any letter, work, model, banner, flag, pennant, insignia, device or representation used for the purpose of announcement, direction or advertising. (Ord. 2554 § 3, 2003)

17.142.535 Single-family dwelling.

“Single-family dwelling” means a detached building occupied by one family. A room or rooms can be rented to not more than one person. (Ord. 2554 § 3, 2003)

17.142.540 Site area.

“Site area” means the total horizontal area within the property lines, excluding external streets. (Ord. 2554 § 3, 2003)

17.142.545 Special waterfront facilities (public pleasure boat moorage).

“Special waterfront facilities (public pleasure boat moorage)” means a facility designed primarily to berth pleasure craft, but which may contain a limited number of other marine-service facilities. (Ord. 2554 § 3, 2003)

17.142.548 Storage container(s).

“Storage containers” excludes the term “dumpster” and means standardized reusable vessels that were:

A. Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or

B. Originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms “transport containers” and “portable site storage containers” having a similar appearance to and similar characteristics of cargo containers. (Ord. 2902 § 1 (Exh. A), 2017)

17.142.550 Story.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of any floor above. (Ord. 2554 § 3, 2003)

17.142.555 Street.

“Street” means a dedicated and accepted public right-of-way for vehicular traffic. “Street” includes “road,” “drive” or “boulevard.” (Ord. 2554 § 3, 2003)

17.142.560 Structure.

“Structure” means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 2554 § 3, 2003)

17.142.565 Subdivider.

“Subdivider” means any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as defined in this chapter. (Ord. 2554 § 3, 2003)

17.142.570 Three-quarter standard street.

“Three-quarter standard street” means the one-half of the full standard street, defined in BMC 17.142.250, abutting on the developer’s property plus a 10-foot surfaced driving lane. (Ord. 2554 § 3, 2003)

17.142.575 Through lot.

“Through lot” means a lot, other than a corner lot, abutting more than one street. (Ord. 2554 § 3, 2003)

17.142.577 Townhouse.

“Townhouse” means a single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside. No townhouse shall be located above or below another townhouse. Townhouses are owned fee simple and have at least one wall built on a property line shared with an adjacent unit. (Ord. 2737 § 2 (Att. A), 2009)

17.142.580 Tract.

“Tract” means a lot, usually several acres in area. (Ord. 2554 § 3, 2003)

17.142.581 Trailer.

A “trailer” is any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle, but does not include a trailer drawn by a truck-tractor/semi-trailer combination or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. (Ord. 2692 § 3(3), 2008)

17.142.583 Transient accommodation.

“Transient accommodation” means a building, structure or part thereof, such as a bed and breakfast inn, inn, hotel, motel, motor hotel, condominium or similar facility, primarily designed for offering one or more lodging units to travelers and transient guests for periods of no more than 29 consecutive calendar days for temporary lodging and sleeping purposes; provided, that an absence for a period of less than 30 consecutive days followed by reoccupancy shall be considered part of the same consecutive period. Portions of calendar days shall be counted as full days. A transient accommodation does not include an accommodation which a person occupies or has a right to occupy as his or her domicile or permanent residence. Occupancy of real property for a period of 30 consecutive days or more constitutes a rental or lease of real property for residential rather than transient accommodations. (Ord. 2600 § 5, 2005)

17.142.585 Triplex.

“Triplex” means a detached building containing three dwelling units. (Ord. 2554 § 3, 2003)

17.142.586 Truck stop.

A “truck stop” includes a service station or gasoline station that services semi-trailer trucks and other commercial trucks as its principal use. Typical accessory uses respond to services required by commercial trucking operations during long trips, including the sale of accessories or equipment for trucks and similar commercial vehicles, truck washing, restaurants, and limited sleeping accommodations. (Ord. 2692 § 3(3), 2008)

17.142.587 Truck terminal.

A “truck terminal” is a goods service center for storage and freight consolidating, collection and outward sorting to different carriers. (Ord. 2692 § 3(3), 2008)

17.142.588 Truck-tractor (tractor unit, road tractor).

A “truck-tractor (tractor unit, road tractor)” is a heavy-duty vehicle, typically with a large diesel engine and two or three axles. These tractors are mostly designed for the transport of freight of some kind over a significant distance, to pull long semi-trailers (forming a semi-trailer truck) or road trailers. (Ord. 2692 § 3(3), 2008)

17.142.590 Variance.

“Variance” means a relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. As the term is used in this title, a “variance” is authorized only for height, area and size of structure or size of yard and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the district or uses in an adjoining district. (Ord. 2554 § 3, 2003)

17.142.594 Warehousing.

“Warehousing” means terminal facilities for handling freight, with or without maintenance facilities. (Ord. 2692 § 3(3), 2008)

17.142.595 Watercourse.

“Watercourse” means any depression below the surrounding land serving to give direction to a current of water and having a bed and well-defined banks. (Ord. 2554 § 3, 2003)

17.142.600 Waterfront park.

“Waterfront park” means an area with frontage on water designed primarily to accommodate swimming, boating, fishing and other waterfront activities. The primary attraction and desirability of the area for recreational purposes results from proximity to water. (Ord. 2554 § 3, 2003)

17.142.602 Wholesale trade.

“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. (Ord. 2692 § 3(3), 2008)

17.142.610 Yard.

“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. (Ord. 2554 § 3, 2003)