Chapter 19.08 DEFINITIONS

As used in this title, words in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular, the word “person” may be taken for persons, association, firm, partnership or corporation, the word “structure” includes buildings, the word “occupied” includes designed or intended to be used and the word “shall” is always mandatory and not merely directive. The following words and phrases, unless the context of this title otherwise requires, shall have the meanings set forth in this chapter. (Ord. 1555 § 4, 2009).

19.08.010 Accessory dwelling unit.

“Accessory dwelling unit” means a habitable living unit added to, created within or detached from a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation. (Ord. 1555 § 4, 2009).

19.08.015 Accessory use.

“Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. (Ord. 1555 § 4, 2009).

19.08.017 Active facade.

“Active facade” means a building that features transparent windows, doors or similar structures that allow a view into a retail store or service; restaurant or pub; or the publicly accessed lobby areas of offices, recreational, civic or government facilities and is utilized on a daily basis. Such transparency gives greater interest to the street frontage and increases public safety. No spandrel glass or other permanent opacity is allowed in the active facade area. (Ord. 1909 § 2, 2020).

19.08.020 Alley.

“Alley” means a passageway open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation. (Ord. 1555 § 4, 2009).

19.08.025 Alteration.

“Alteration” means a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial, industrial or similar uses the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. (Ord. 1555 § 4, 2009).

19.08.027 Amusement or entertainment venue, major.

“Amusement or entertainment venue, major” means the use of an enclosed building of over 12,000 square feet of floor area for public attendance of such activities as arcades, bowling, roller or ice skating, dancing, gymnastics, pool or billiards, movies or theater performance or similar. (Ord. 1932 § 3, 2021).

19.08.028 Amusement or entertainment venue, minor.

“Amusement or entertainment venue, minor” means the use of an enclosed building of under 11,999 square feet of floor area for public attendance of such activities as arcades, bowling, roller or ice skating, dancing, gymnastics, pool or billiards, movies or theater performance or similar. (Ord. 1932 § 3, 2021).

19.08.029 Animal hospital or veterinary clinic.

“Animal hospital or veterinary clinic” means an enclosed building for the practice of a licensed veterinarian in the diagnosis, prevention and treatment of injuries and illnesses in household pets. Overnight care of animals is only permitted when necessary for medical treatment and not utilized as a kennel. (Ord. 1932 § 3, 2021).

19.08.030 Assisted living facility.

“Assisted living facility” means a facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides. (Ord. 1555 § 4, 2009).

19.08.035 Auto convenience market.

“Auto convenience market” means a place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket. (Ord. 1555 § 4, 2009).

19.08.040 Automatic teller machine.

“Automatic teller machine” means an automated device that performs banking or financial functions at a location remote from the controlling financial institution. (Ord. 1555 § 4, 2009).

19.08.044 Automobile repair.

“Automobile repair” means any building, land area or other premises or portion thereof used or intended to be used for the repair of motor vehicles including but not limited to engine repair, mufflers, fluids and accessories, provided there shall be no wrecking, junking, dismantling or salvaging occurring on site. (Ord. 1932 § 3, 2021).

19.08.045 Automobile service station including self-service.

“Automobile service station including self-service” means any building, land area or other premises or portion thereof used or intended to be used for the retail dispensing or sales of vehicular fuels and including as accessory use the sale and installation of lubricants, tires, batteries and similar accessories. (Ord. 1555 § 4, 2009).

19.08.050 Aviation environs.

“Aviation environs” means the geographic area that is affected by the Whidbey Island Naval Air Station at Ault Field air traffic operations and defined on the basis of those areas immediately affected by the 60 Ldn and greater noise exposure area from the Air Installation Compatible Use Zones Study for NAS Whidbey Island Ault Field. This area is represented on the Oak Harbor noise zone map and designated aviation environs overlay zone (AE). (Ord. 1555 § 4, 2009).

19.08.055 Banner.

“Banner” means a flexible material (i.e., cloth, paper, vinyl, etc.) on which a sign is painted or printed. (Ord. 1555 § 4, 2009).

19.08.057 Bar, tavern or cocktail lounge.

“Bar, tavern or cocktail lounge” means a commercial establishment open to the general public which sells and serves intoxicating beverages for consumption on the premises. (Ord. 1909 § 3, 2020).

19.08.060 Basement.

“Basement” means a space having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground and with the floor-to-ceiling height of not less than seven and one-half feet. (Ord. 1555 § 4, 2009).

19.08.061 Bed and breakfast inn.

“Bed and breakfast inn” means a building or group of buildings on a lot which is designed or used for rental for transient lodging, where:

(1) Not more than 10 rooms are available for such rental;

(2) No meals are served to members of the general public;

(3) In residential zones, only accessory business, service, or commercial activity is allowed or provided on premises which shall not exceed 100 square feet in size. Such business shall only serve guests of the bed and breakfast establishment;

(4) No room is rented to more than four persons. (Ord. 1671 § 1, 2013).

19.08.062 Bed and breakfast rooms (residential).

“Bed and breakfast room (residential)” means a room used for rental to not more than four persons for transient lodging situated in a building which is used primarily as the dwelling for a nontransient family, or in the case where there is an approved accessory dwelling unit on the same property, the principal dwelling is owner-occupied, and where:

(1) Not more than four rooms are available for such rental;

(2) No meals are served to members of the general public; and

(3) In the residential zones, only accessory business, service, or commercial activity is allowed or provided on premises which shall not exceed 100 square feet in size. Such business shall only serve guests of the bed and breakfast establishment.

(4) If the principal dwelling ceases to be owner-occupied, the bed and breakfast use shall be terminated. (Ord. 1671 § 1, 2013).

19.08.063 Bed and breakfast rooms (commercial).

“Bed and breakfast room (commercial)” means a room used for rental to not more than four persons for transient lodging situated in a building which is used primarily as a commercial establishment, where:

(1) Not more than four rooms are available for such rental;

(2) No meals are served to members of the general public; and

(3) The room(s) are located above the first or street level or behind the street front side of the building. (Ord. 1671 § 1, 2013).

19.08.065 Berm.

“Berm” means an earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. (Ord. 1555 § 4, 2009).

19.08.067 Best management practices.

“Best management practices” or “BMPs” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. (Ord. 1784 § 34, 2016).

19.08.070 Binding site plan.

“Binding site plan” means a drawing to a scale specified by local ordinance which:

(1) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;

(2) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and

(3) Contains provisions making any development be in conformation with the site plan. (Ord. 1555 § 4, 2009).

19.08.075 Hearing examiner.

“Hearing examiner” means a quasi-judicial hearing officer empowered to hear appeals from orders or determinations made by an administrative official charged with the enforcement of this title and to vary or modify certain provisions of this title relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of this title is observed, public safety and welfare secured and substantial justice done. (Ord. 1555 § 4, 2009).

19.08.078 Building code.

“Building code” means the International Building Code as now in effect or as hereafter amended, added to or otherwise changed and all sections of OHMC Title 17 which provides for a building code for Oak Harbor as it is now in effect or as hereafter amended, added to or otherwise changed. (Ord. 1555 § 4, 2009).

19.08.079 Fire code.

“Fire code” means the International Fire Code as now in effect or as hereafter amended, added to or otherwise changed and all sections of OHMC Title 8 which provides for a fire code for Oak Harbor as it is now in effect or as hereafter amended, added to or otherwise changed. (Ord. 1555 § 4, 2009).

19.08.080 Brew pub.

“Brew pub” means an establishment which contains a full-service standard restaurant and alcoholic beverages. This establishment also contains a minibrewery as an accessory use; provided, that sales of the minibrewery products are less than 50 percent of total sales. This minibrewery shall be for the brewing of handcrafted, natural beer intended for retail consumption on the premises and on any premises that has a license as a standard full-service restaurant owned and operated in its entirety by the same corporate ownership and management as the brew pub. (Ord. 1555 § 4, 2009).

19.08.085 Buffer.

“Buffer” means a combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen land uses from each other. (Ord. 1555 § 4, 2009).

19.08.090 Buildable area.

“Buildable area” means that portion of the building site that remains after the required yards and open spaces have been excluded. (Ord. 1555 § 4, 2009).

19.08.095 Building.

“Building” means any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this title requires that a use shall be within an entirely enclosed building, then the term “building” means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed. (Ord. 1555 § 4, 2009).

19.08.100 Building, accessory.

“Accessory building” means a subordinate building the use of which is incidental and customary to that of the principal building and which is located on the same lot including a private garage. If any accessory building is attached to the principal building by a common wall or roof, such accessory building shall be considered a part of the principal building. (Ord. 1555 § 4, 2009).

19.08.105 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 feet in from the outside edge of a cantilevered roof, whichever covers the greatest area. (Ord. 1555 § 4, 2009).

19.08.110 Building, detached.

“Detached building” means a building surrounded on all sides by open space. (Ord. 1555 § 4, 2009).

19.08.115 Building height.

“Building height” means the vertical distance from the average natural grade level to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. “Average natural grade” shall be defined as the average elevation of the highest and lowest corners of the building. (Ord. 1909 § 4, 2020; Ord. 1555 § 4, 2009).

19.08.120 Building line.

“Building line” means the line of that face, corner or part of a building nearest the property line, excluding eaves up to three feet. (Ord. 1555 § 4, 2009).

19.08.125 Building, multiple-occupancy.

“Multiple-occupancy building” means a single structure housing more than one type of retail business office or commercial venture. (Ord. 1555 § 4, 2009).

19.08.130 Building, office.

“Office building” means an office building in the commercial and residential-office land use districts as defined by this title. (Ord. 1555 § 4, 2009).

19.08.135 Building, quasi-public.

“Quasi-public building” means a structure occupied by an activity essentially public in nature, supported by public funds under private ownership or contract and nonprofit in character. (Ord. 1555 § 4, 2009).

19.08.140 Building, single-occupancy.

“Single-occupancy building” means a commercial building or structure with one major enterprise, generally under one ownership. A building is classified as single occupancy only if it has:

(1) One occupant;

(2) No wall in common with another building;

(3) No part of its roof in common with another building. (Ord. 1555 § 4, 2009).

19.08.145 Building site.

“Building site” means a parcel of land occupied or intended to be occupied by a main building and its accessory buildings together with all yards and open spaces required by this title. (Ord. 1555 § 4, 2009).

19.08.147 Caliper.

“Caliper” means the diameter of any tree trunk as measured at a height of four feet above the ground on the upslope side of the tree. (Ord. 1784 § 35, 2016).

19.08.150 Canopy.

“Canopy” means a freestanding structure affording protection from the elements to persons or property thereunder. (Ord. 1555 § 4, 2009).

19.08.153 Caretaker’s quarters.

“Caretaker’s quarters” means a residence located on a nonresidential premises, occupied by the person who oversees the operation or security of the nonresidential facility only. (Ord. 1932 § 3, 2021).

19.08.155 Carport.

“Carport” means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than two sides. (Ord. 1555 § 4, 2009).

19.08.160 Certificate of occupancy.

“Certificate of occupancy” means a permit to occupy a premises issued by the building official after inspection has verified compliance with the requirements and provisions of this title and applicable building codes. (Ord. 1555 § 4, 2009).

19.08.165 Child day care center.

“Child day care center” means an agency that regularly provides early childhood education and early learning services for a group of children for periods of less than 24 hours. In this context, “agency” shall be defined as found in RCW 43.215.010. (Ord. 1739 § 1, 2015; Ord. 1555 § 4, 2009).

19.08.170 Church.

“Church” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship and which includes related accessory uses in the principal building or in other separate structures. (Ord. 1555 § 4, 2009).

19.08.175 City.

“City” shall mean the city of Oak Harbor. (Ord. 1555 § 4, 2009).

19.08.180 City staff.

“City staff” shall mean the department(s) directed by the mayor to implement this title. (Ord. 1555 § 4, 2009).

19.08.182 Clearing.

“Clearing” means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation. (Ord. 1784 § 36, 2016).

19.08.184 Clearing and grading permit.

“Clearing and grading permit” shall mean the written approval of the city of Oak Harbor to proceed with the act of clearing property within the city limits of Oak Harbor. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself. (Ord. 1784 § 37, 2016).

19.08.185 Club.

“Club” means an incorporated or unincorporated association of persons organized for a social, fraternal, athletic, educational, literary or charitable purpose. Property occupied by a club shall be deemed to be semiprivate in character and shall be subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business. (Ord. 1555 § 4, 2009).

19.08.187 Clustering.

“Clustering” means a type of development where buildings are organized together into compact groupings that allow for portions of the development site to remain in open space to preserve natural and cultural features, provide recreation, preserve rural character, and produce more affordable housing. (Ord. 1784 § 38, 2016).

19.08.190 Coffee kiosk.

“Coffee kiosk” means a retail food business in a freestanding building that sells coffee, or other beverages, and premade bakery goods from a drive-through window to customers seated in their automobiles for consumption off the premises and that provides no indoor or outdoor seating. (Ord. 1555 § 4, 2009).

19.08.195 Commercial use.

“Commercial use” means an activity with goods, merchandise or services for sale or involving a rental fee. (Ord. 1555 § 4, 2009).

19.08.200 Commercial vehicle.

“Commercial vehicle” means a motor vehicle used for purposes other than a family car, such as a taxi, delivery or service vehicle. (Ord. 1555 § 4, 2009).

19.08.203 Community services.

“Community services” means public or semi-public building serving as a library, museum or other similar purpose for the cultural or educational benefit of the community. (Ord. 1932 § 3, 2021).

19.08.205 Conditional use.

“Conditional use” means a use which, because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effect on surrounding property and for other similar reasons, may be allowed in certain zones only after review by the hearing examiner and the granting of a conditional use permit imposing such performance standards as will make the use compatible with other permitted uses in the same vicinity or zone. (Ord. 1555 § 4, 2009).

19.08.210 Condominium.

“Condominium” means the ownership of single units or apartments in a building containing two or more units or two or more buildings each containing one or more units with common areas and facilities as provided in Chapter 64.32 RCW. The term “condominium” refers to the ownership arrangement, not the land use. The unit may be any permitted type. (Ord. 1555 § 4, 2009).

19.08.213 Conference center.

“Conference center” means a facility used for service organizations, business and professional gatherings, seminars and training. Such facility may be part of a hotel, government building or other facility and include food preparation areas and restrooms not intended for the use of the general public. (Ord. 1909 § 5, 2020).

19.08.215 Court.

“Court” means an open, unoccupied space other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings including the open space in a house, court or apartment, providing access to the units thereof. (Ord. 1555 § 4, 2009).

19.08.220 Covered moorage building area.

“Covered moorage building area” means the area of water lying directly beneath that portion of a structure covered by a roof. (Ord. 1555 § 4, 2009).

19.08.224 Critical area.

“Critical area” means any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.02 OHMC. (Ord. 1784 § 39, 2016).

19.08.225 Currency exchange.

“Currency exchange” means any person, except a bank, trust company, savings bank, savings and loan association, credit union or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or traveler’s checks for a fee. This term does not include a person who provides these services incidental to the person’s primary business if the charge for cashing a check or draft does not exceed $1.00 or one percent of the value of the check or draft, whichever is greater. (Ord. 1555 § 4, 2009).

19.08.230 Data processing facility.

“Data processing facility” means an establishment primarily involved in the compiling, storage and maintenance of documents, records and other types of information in digital form utilizing a mainframe computer. This term does not include general business offices, computer-related sales establishments and business or personal services. (Ord. 1555 § 4, 2009).

19.08.235 Day-night average sound level (Ldn).

“Day-night average sound level (Ldn)” means a cumulative aircraft noise index that estimates the exposure to aircraft noise at a certain geographic point and relates the estimated exposure to an expected community response. (Ord. 1555 § 4, 2009).

19.08.240 Deciduous.

“Deciduous” means a plant with foliage that is shed annually. (Ord. 1555 § 4, 2009).

19.08.245 Density.

“Density” means the number of dwelling units divided by the gross acre. (Ord. 1555 § 4, 2009).

19.08.250 Design review board.

“Design review board” means a committee, appointed by the city council, consisting of at least one design professional, to advise the planning department concerning the design of projects. (Ord. 1555 § 4, 2009).

19.08.251 Development.

“Development” means any activity that requires federal, state, or local approval for the use or modification of land or its resources. These activities include, but are not limited to, subdivisions and short subdivisions; binding site plans; planned residential developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; and septic approval. (Ord. 1784 § 40, 2016).

19.08.252 Director of development services.

The zoning code shall be administered by the “director of development services.” The director of development services or his or her designee shall carry out the duties and responsibilities assigned to the “planning director” or “director of planning and community development” under this title. (Ord. 1555 § 4, 2009).

19.08.255 Dock.

“Dock” means a basin for moorage of boats, including a basin formed between the extension of two piers or the area between a bank or quay and a pier. Docking facilities may include wharves, moorage or docks or any place or structure connected with the shore or upon shore lands providing for the securing of a boat or vessel. (Ord. 1555 § 4, 2009).

19.08.257 Dry season.

“Dry season” means the months of May through September. (Ord. 1784 § 41, 2016).

19.08.260 Dwelling, multifamily.

“Multifamily dwelling” means a building designed to house two or more families living independently of each other and having one yard in common. (Ord. 1555 § 4, 2009).

19.08.265 Dwelling, single-family.

“Single-family dwelling” means a detached building designed for and occupied exclusively by one family and the household employees of that family. (Ord. 1555 § 4, 2009).

19.08.270 Dwelling unit.

“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family. The term “dwelling” does not include motel, tourist court, rooming house, or tourist home. (Ord. 1555 § 4, 2009).

19.08.272 Ecology.

“Ecology” means the Washington State Department of Ecology. (Ord. 1784 § 42, 2016).

19.08.275 Electrical distribution substation.

“Electrical distribution substation” means an assembly of equipment designed to receive energy from a high voltage distribution supply system, to convert it to a form suitable for local distribution and distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults. (Ord. 1555 § 4, 2009).

19.08.277 Erosion.

“Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Also, the detachment and movement of soil or rock fragments by water, wind, ice, or gravity. The following terms are used to describe different types of water erosion:

“Geologic erosion” means the normal or natural erosion caused by geological processes acting over long geologic periods and resulting in the wearing away of mountains, building up of floodplains, coastal plains, etc. Synonymous with natural erosion.

“Natural erosion” means wearing away of the earth’s surface by water, ice, or other natural agents under natural environmental conditions of climate, vegetation, etc., undisturbed by humans. Synonymous with geological erosion. (Ord. 1784 § 43, 2016).

19.08.280 Essential public facility.

“Essential public facility” means a facility, conveyance, or site whose services are provided by a governmental agency, a private or nonprofit organization under contract to or with substantial funding from government agencies, or a private organization subject to public service obligations, which is necessary to adequately provide a public service and which is typically hard to site. (Ord. 1555 § 4, 2009).

19.08.285 Essential use.

“Essential use” means that use for the preservation or promotion of which the use district was created, and to which all other permitted uses are subordinate. (Ord. 1555 § 4, 2009).

19.08.290 Evergreen.

“Evergreen” means a plant with foliage that persists and remains green year-round. (Ord. 1555 § 4, 2009).

19.08.292 Excavation.

“Excavation” means the removal of material such as earth, sand, gravel, rock, or asphalt from a parcel, tract, or lot of land. (Ord. 1784 § 44, 2016).

19.08.295 Extended stay motel.

“Extended stay motel” shall mean and include any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation, including, but not limited to, such facilities as refrigerators, stoves and ovens. (Ord. 1555 § 4, 2009).

19.08.300 Factory-built structure.

“Factory-built structure” means a structure that is designed for occupation or use, or is occupied or used by persons, and that complies with the building code, including factory-built housing and commercial structures. It also includes structures built under federal code declared to be equivalent to the building code. (Ord. 1555 § 4, 2009).

19.08.305 Family.

“Family” means not more than four adult persons, unless all are related by blood, marriage, or legal adoption, living together as a single housekeeping unit. A group of related persons living in a household shall be considered a single housekeeping unit. Provided: a group of more than four unrelated adult persons living together in a dwelling unit may also be included within the definition of “family” if they demonstrate to the director that they operate in a manner that is functionally equivalent to a family.

(1) Factors that shall be considered by the director include whether the group of more than four unrelated persons:

(a) Shares the entire dwelling unit or acts as separate roomers;

(b) Includes minor, dependent children regularly residing in the household;

(d) Shares common ownership of furniture and appliances among the members of the household;

(e) Constitutes a permanent living arrangement, and is not a framework for transient living;

(f) Maintains a stable composition that does not change from year to year or within the year;

(g) Is not a society, fraternity, sorority, lodge, organization or other group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary; or

(h) Can demonstrate any other factors reasonably related to whether or not the group of persons is the functional equivalent of a family.

(2) The director shall issue a written determination of whether a group of more than four unrelated adult persons are operating in a manner that is functionally equivalent to a family.

(3) For purposes of this definition and notwithstanding any other provision of this code, children with familial status within the meaning of 42 U.S.C. 3602(k) and persons with handicaps within the meaning of 42 U.S.C. 3602(h) will not be counted as unrelated persons. (Ord. 1739 § 2, 2015; Ord. 1555 § 4, 2009).

19.08.308 Family day care provider.

“Family day care provider” means a child care provider who regularly provides early childhood education and early learning services for not more than 12 children in the provider’s home in the family living quarters. (Ord. 1739 § 4, 2015).

19.08.309 Fill.

“Fill” means earth, sand, gravel, rock, asphalt, or other solid material used to increase the ground surface elevation or to replace excavated material. (Ord. 1784 § 45, 2016).

19.08.310 Floor area.

“Floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways and open spaces. (Ord. 1555 § 4, 2009).

19.08.315 Fraternity, sorority or student cooperative.

“Fraternity, sorority or student cooperative” means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated by such institution. (Ord. 1555 § 4, 2009).

19.08.318 Fuel yard.

“Fuel yard” means property utilized for the retail and wholesale distribution of fuel oil and similar products. (Ord. 1932 § 3, 2021).

19.08.320 Garage, commercial.

“Commercial garage” means a building or portion thereof designed and used for the storage, repair or servicing of motor vehicles or boats as a business. (Ord. 1555 § 4, 2009).

19.08.325 Gated community.

“Gated community” means a residential area that restricts access to normally public spaces. (Ord. 1555 § 4, 2009).

19.08.330 General promotions.

“General promotions” means events which occur on a regular basis in retail business for the purpose of boosting sales, attracting new business, selling of certain items (i.e., year end, seasonal sales, civic events, etc.). (Ord. 1555 § 4, 2009).

19.08.332 Geotechnical engineer.

“Geotechnical engineer” means a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project. (Ord. 1784 § 46, 2016).

19.08.334 Government facilities.

“Government facilities” means government-owned properties and/or buildings utilized for administrative or protective services, storage yards, treatment plants, well sites, pump stations and sanitary landfills. (Ord. 1932 § 3, 2021).

19.08.335 Grade (adjacent ground elevation).

“Grade (adjacent ground elevation)” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. (Ord. 1555 § 4, 2009).

19.08.337 Grading.

“Grading” means the movement of earth material through mechanical or other means to create the finished surface and contour of a project site. (Ord. 1784 § 47, 2016).

19.08.340 Grand openings and anniversaries.

“Grand openings and anniversaries” means events that are held on a “once per year” basis for the purpose of advertising grand openings, ownership changes, or anniversaries. (Ord. 1555 § 4, 2009).

19.08.345 Greenbelt.

“Greenbelt” shall mean dense coniferous plantings, or climbing varieties of nondeciduous vines on permanently installed aluminum mesh fencing, or architectural fencing of such design and material that retains its attractiveness with nominal maintenance. (Ord. 1555 § 4, 2009).

19.08.350 Ground cover.

“Ground cover” shall mean small plants such as salal, ivy, ferns, mosses, grasses or other types of vegetation which normally cover the ground and shall include trees less than six inches in diameter measured at three feet above the ground level. (Ord. 1555 § 4, 2009).

19.08.352 Grubbing.

“Grubbing” means the act of removing vegetation by the roots. (Ord. 1784 § 48, 2016).

19.08.355 Health club.

“Health club” means a commercial establishment within a wholly enclosed building designed for the systematic care, development and rehabilitation of the physique and providing facilities for racquetball, handball, exercise rooms, sauna and/or related facilities. Dance, martial arts and other facilities and schools are included. (Ord. 1932 § 3, 2021; Ord. 1555 § 4, 2009).

19.08.365 Home, foster.

“Foster home” means a foster home licensed by the state which regularly provides care on a 24-hour basis to one or more but not more than six foster children under the age of 18 years or to not more than three expectant mothers or to one or two adult disabled persons in the family dwelling of the person or persons under whose direct care and supervision the child, expectant mother or adult disabled person is placed. (Ord. 1555 § 4, 2009).

19.08.370 Home, group.

“Group home” means a group home licensed by the state which regularly provides care on a 24-hour basis to six or more but not more than 10 children (including minor children of the staff residing on the premises) under the age of 18 years, or disabled adults, in the family dwelling of the person or persons under whose direct care and supervision the children or adults are placed, or other suitable facility. (Ord. 1555 § 4, 2009).

19.08.375 Home improvement center.

“Home improvement center” means a facility of more than 30,000 square feet of gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builders’ hardware, paint and glass, housewares and household appliances, garden supplies and cutlery. (Ord. 1555 § 4, 2009).

19.08.380 Home occupation.

“Home occupation” means an accessory use of the dwelling unit involving the manufacture, provision or sale of goods and/or services which is carried on by members of the family residing on the premises plus no more than one nonresident assistant or employee; provided, that additional nonresident assistants or employees may be permitted but shall require a conditional use permit. Garage sales and home parties are not defined as home occupations. (Ord. 1555 § 4, 2009).

19.08.385 Hospital.

“Hospital” means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staff residences. (Ord. 1555 § 4, 2009).

19.08.390 Hospital, animal.

“Animal hospital” means a building or premises for the medical or surgical treatment of animals or pets, including dog, cat and veterinary hospitals, including the boarding of hospitalized animals, but excluding the boarding of animals not subjected to medical or surgical treatment. (Ord. 1555 § 4, 2009).

19.08.395 Hotel.

“Hotel” means any building or portion thereof containing five or more rooms that are rented, or hired out to be occupied or which are occupied for sleeping purposes for compensation whether the compensation be paid directly or indirectly. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 1555 § 4, 2009).

19.08.400 House, apartment.

“Apartment house” means the building or portion of a building arranged or designed to be occupied as three or more separate dwelling units. (Ord. 1555 § 4, 2009).

19.08.405 House, boarding, lodging or rooming.

“Boarding, lodging or rooming house” means any building or portion thereof having only one kitchen and used for the purpose of providing lodging with or without meals for compensation for no more than four persons other than the family of the operator occupying such dwelling. (Ord. 1555 § 4, 2009).

19.08.410 House, guest.

“Guest house” means a detached structure, being an accessory to a one-family dwelling with not more than two bedrooms, having no kitchen facilities, and which shall be used and/or designed for use primarily by guests and/or servants for sleeping quarters only. (Ord. 1555 § 4, 2009).

19.08.415 Institution, educational.

“Educational institution” means a college, junior college or university supported by public or private funds, tuitions, contributions or endowments, giving advanced academic instructions as approved by the State Board of Education or by a recognized accrediting agency, excluding preschool, elementary and junior and senior high schools and trade and commercial schools, including fraternity and sorority houses. (Ord. 1555 § 4, 2009).

19.08.420 Junkyard.

“Junkyard” means a lot, land or structure, or part thereof, used for the collecting, storage and sale of waste paper, 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. (Ord. 1555 § 4, 2009).

19.08.425 Kennel, commercial.

“Commercial kennel” means any lot or building in which four or more dogs and/or cats, at least four months of age, are kept commercially for board or propagation. No animals, livestock or poultry of any kind shall be kept, raised or bred on a lot, except chicken hens pursuant to Chapter 7.42 OHMC, and except that dogs, cats or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes. Four dogs, cats or other household pets kept in one place or on one lot, over four months of age, would be considered being kept for commercial purposes. (Ord. 1932 § 3, 2021; Ord. 1652 § 4, 2013; Ord. 1555 § 4, 2009).

19.08.430 Kitchen.

“Kitchen” means any room used or intended or designed to be used for cooking and/or preparation of food. (Ord. 1555 § 4, 2009).

19.08.435 Land clearing.

“Land clearing” shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods, from any undeveloped or partially developed lot or public lands. (Ord. 1555 § 4, 2009).

19.08.437 Land-disturbing activity.

“Land-disturbing activity” means any activity that results in 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 and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land-disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land-disturbing activity. Stormwater facility maintenance is not considered land-disturbing activity if conducted according to established standards and procedures. (Ord. 1784 § 49, 2016).

19.08.440 Landscape perimeter.

“Landscape perimeter” means an unobstructed planting area which runs parallel to the rear yard and side yard property lines. (Ord. 1555 § 4, 2009).

19.08.445 Landscape policy manual.

“Landscape policy manual” means a booklet prepared by the city of Oak Harbor which clarifies the purpose of Chapter 19.46 OHMC by providing examples and illustrations to augment this title. (Ord. 1555 § 4, 2009).

19.08.450 Landscape setback.

“Landscape setback” means a minimum required landscaped width adjacent to a property line, common to a public street or private right-of-way. (Ord. 1555 § 4, 2009).

19.08.455 Landscaping.

“Landscaping” means any combination of living plants, such as trees, shrubs, vines, ground covers, flowers or grass; natural features such as rock, stone, bark chips or shavings; and structural features, including but not limited to fountains, reflecting pools, outdoor art work, screen walls, fences, or benches. (Ord. 1555 § 4, 2009).

19.08.460 Ldn contour.

“Ldn contour” means a line linking together a series of points of equal cumulative noise exposure based on the Ldn metric. (Ord. 1555 § 4, 2009).

19.08.463 Light manufacturing or industry.

“Light manufacturing or industry” means the testing and research or assembly, manufacture, packaging, compounding or treatment of items that do not create noise, smoke, odor, vibration or other objectionable nuisances to the extent that they are detrimental to surrounding uses. The processing of raw materials such as wood, chemicals or similar items needing refining are not included in this definition. (Ord. 1932 § 3, 2021).

19.08.465 Lot.

“Lot” means a single tract of land no matter how legally described, whether by metes and bounds and/or by lot or lots and block designation as in a recorded plat, which at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land and assigned to the particular use for which the building permit is being secured and having frontage on or access to a public street. (Ord. 1555 § 4, 2009).

19.08.470 Lot area.

“Lot area” means the total horizontal area within the boundary lines of a lot. (Ord. 1555 § 4, 2009).

19.08.475 Lot, corner.

“Corner lot” means a lot at the junction of and having frontage on two or more intersecting streets. (Ord. 1555 § 4, 2009).

19.08.480 Lot coverage.

“Lot coverage” means the portion of a lot that is occupied by the principal and accessory buildings, including all projections except eaves, expressed as a percentage of the total lot area. (Ord. 1555 § 4, 2009).

19.08.485 Lot depth.

“Lot depth” means the mean dimension of the lot from the front street line to the rear line. (Ord. 1555 § 4, 2009).

19.08.490 Lot, developed single-family residential.

“Developed single-family residential lot” shall mean a platted lot upon which a single-family, habitable dwelling exists, where there are no remaining stands of trees nor significant ground cover. (Ord. 1555 § 4, 2009).

19.08.495 Lot, interior.

“Interior lot” means a lot fronting on one street. (Ord. 1555 § 4, 2009).

19.08.500 Lot, irregular shaped.

“Irregular shaped lot” means a lot having an interior angle of 45 degrees or less. (Ord. 1555 § 4, 2009).

19.08.505 Lot line.

“Lot line” means the property line bounding a lot. (Ord. 1555 § 4, 2009).

19.08.510 Lot line, front.

“Front lot line” means, in the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, it may be either frontage. (Ord. 1555 § 4, 2009).

19.08.515 Lot line, rear.

“Rear lot line” means a lot line which is opposite and most distant from the front lot line, and in the case of a triangular or irregular shaped lot, a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line. (Ord. 1555 § 4, 2009).

19.08.520 Lot line, side.

“Side lot line” means any lot line not a front or rear lot line. (Ord. 1555 § 4, 2009).

19.08.525 Lot, partially developed single-family residential.

“Partially developed single-family residential lot” shall mean a lot or parcel of land upon which a single-family dwelling is located, which contains existing stands of trees or substantial ground cover. This may include phased developments or conversions to urban use. (Ord. 1555 § 4, 2009).

19.08.530 Lot, through.

“Through lot” means a lot fronting on two streets that do not intersect on the parcel’s lot lines. (Ord. 1555 § 4, 2009).

19.08.535 Lot, undeveloped.

“Undeveloped lot” shall mean a lot or parcel of land upon which no habitable single-family dwelling exists. (Ord. 1555 § 4, 2009).

19.08.540 Lot width.

“Lot width” means the dimension of a lot line at the street, or in an irregularly shaped lot, the dimension across the lot at the building line, or in a corner lot, the narrow dimension of the lot at a street or building line. (Ord. 1555 § 4, 2009).

19.08.542 Low impact development.

“Low impact development” or “LID” means 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. (Ord. 1784 § 50, 2016).

19.08.545 Marquee.

“Marquee” means a covering structure projecting horizontally from and attached to a building, affording protection from the elements to persons or property thereunder. (Ord. 1555 § 4, 2009).

19.08.550 Mixed use.

“Mixed use” means properties on which various uses such as office, commercial, institutional and residential are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A “single use” may include contiguous properties. (Ord. 1555 § 4, 2009).

19.08.555 Manufactured home.

“Manufactured home” shall mean a factory-built dwelling unit which can be transported in one or more sections and is built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, and as defined by WAC 296-150M-0020. Manufactured homes can be either detached and used as a single-family residence or attached to other housing units in multifamily arrangements. A manufactured home shall also meet the provisions of OHMC 16.04.020, including but not limited to the requirement that it be set upon a permanent foundation. (Ord. 1555 § 4, 2009).

19.08.560 Manufactured home park.

“Manufactured home park” means any property used for the accommodation of inhabited manufactured homes on a tenancy, lease or ownership basis which contains shared parking for residents or visitors, shared access drives for vehicle circulation and shared open spaces. (Ord. 1555 § 4, 2009).

19.08.565 Manufactured home subdivision.

“Manufactured home subdivision” is a land division (either short plat or long plat) with manufactured homes placed on the lots. Manufactured home subdivisions have lots which take access from public or private streets, rather than common access drives. (Ord. 1555 § 4, 2009).

19.08.566 Medical or dental clinic.

“Medical or dental clinic” means a facility operated by licensed medical or dental professionals for the treatment of persons solely on an outpatient basis. (Ord. 1932 § 3, 2021).

19.08.568 Mixed use, horizontal.

“Mixed use, horizontal” means multiple uses developed on a single parcel or parcels in common ownership. Commercial or residential uses may be included in separate buildings on the parcel(s), but are not required to be housed in the same building. (Ord. 1932 § 3, 2021).

19.08.569 Mixed use, vertical.

“Mixed use, vertical” means a building which includes multiple uses. Such uses may include hotels, commercial offices, retail, restaurants or similar, or residential homes. (Ord. 1932 § 3, 2021).

19.08.570 Moorage.

“Moorage” means a place to tie up or anchor a boat or vessel. (Ord. 1555 § 4, 2009).

19.08.575 Motel.

“Motel” means a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units, having their own private toilet facilities and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor inn and similar names. (Ord. 1555 § 4, 2009).

19.08.580 Multiple-occupancy complex.

“Multiple-occupancy complex” means a group of structures housing more than one type of retail business, office or commercial venture and generally under one ownership and control. (Ord. 1555 § 4, 2009).

19.08.581 Museum.

“Museum” means a building or facility devoted to the procurement, care, study and display of objects of lasting interest or value. (Ord. 1932 § 3, 2021).

19.08.585 Neighborhood convenience store.

“Neighborhood convenience store” means an establishment primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. This term does not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. (Ord. 1555 § 4, 2009).

19.08.590 Noise zone map.

“Noise zone map” means a map prepared by the city of Oak Harbor and adopted as an aviation environs (AE) overlay zone, which serves as a geographic interpolation of Aviation Noise Contours as established by the NAS Whidbey Island AICUZ study program. When a property falls within more than one noise zone, the more restrictive noise zone requirements shall apply for the entire property. (Ord. 1555 § 4, 2009).

19.08.595 Nonconforming structure.

“Nonconforming structure” means a structure which was lawfully constructed at the time the ordinance codified in this title became effective, but which structure, because of the passage of the ordinance codified in this title, does not conform to the standards of the district in which the structure exists. (Ord. 1555 § 4, 2009).

19.08.600 Nonconforming use.

“Nonconforming use” means a use which lawfully occupied a building or land at the time the ordinance codified in this title became effective, but which use, because of the passage of the ordinance codified in this title, does not conform to the use regulations of the district in which the use exists. (Ord. 1555 § 4, 2009).

19.08.605 Nonconforming use, land.

“Nonconforming land use” means the use of land which was a lawful use at the time the ordinance codified in this title became effective but which use, because of the passage of the ordinance codified in this title, does not conform to the regulations of the district in which the use exists. (Ord. 1555 § 4, 2009).

19.08.610 Occupant.

“Occupant” means the person, firm or corporation that occupies the land or building. (Ord. 1555 § 4, 2009).

19.08.615 Opaque.

“Opaque,” for the purposes of this title, means visually impenetrable. (Ord. 1555 § 4, 2009).

19.08.620 Open space.

“Open space” means any part of a lot unobstructed from the ground upward. (Ord. 1555 § 4, 2009).

19.08.623 Outdoor use or storage.

“Outdoor use or storage” means the use of areas outside of an enclosed building for the storage of goods or materials; displays of products or example models; care or housing of animals; drive through or drive-up services or similar. Sidewalk cafes are not included in this definition. (Ord. 1932 § 3, 2021).

19.08.625 Parapet.

“Parapet” means that portion of a building wall which extends above the roof of the building. (Ord. 1555 § 4, 2009).

19.08.630 Parking, employee.

“Employee parking” shall mean those parking facilities required for the use of employees. (Ord. 1555 § 4, 2009).

19.08.635 Parking, off-street.

“Off-street parking” means parking facilities for motor vehicles on other than a public street or alley. (Ord. 1555 § 4, 2009).

19.08.640 Parking space.

“Parking space” means a space within or without a building, exclusive of driveways, used to temporarily park a motor vehicle and having access to a public street or alley. (Ord. 1555 § 4, 2009).

19.08.642 Partially developed lot.

“Partially developed lot” shall mean a lot or parcel of land upon which a structure (refer to OHMC 19.08.885 for the definition of a structure) is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Oak Harbor zoning code; or which may be subdivided in accordance with the city of Oak Harbor subdivision chapter. (Ord. 1784 § 51, 2016).

19.08.645 Penthouse.

“Penthouse” means a structure on top of a building roof such as houses an elevator shaft, mechanical equipment or similar form. (Ord. 1555 § 4, 2009).

19.08.650 Permit, conditional use.

“Conditional use permit” means documented evidence of authority granted by the hearing examiner to locate a conditional use at a particular location. (Ord. 1555 § 4, 2009).

19.08.655 Permit, land clearing.

“Land clearing permit” shall mean a permit obtained from the city which allows the clearing of trees and/or ground cover. (Ord. 1555 § 4, 2009).

19.08.660 Permit, minor clearing.

“Minor clearing permit” shall mean a permit obtained from the city which allows the removal of trees and/or ground cover, when the total trees and ground cover removed will not exceed five percent of the trees and ground cover on the lot. (Ord. 1555 § 4, 2009).

19.08.665 Permit, temporary use.

“Temporary use permit” is a mechanism by which the city may permit a use, or multiple uses, to locate within the city on a short-term basis and by which the city may allow seasonal or transient uses not otherwise permitted. (Ord. 1555 § 4, 2009).

19.08.670 Permitted use.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district. (Ord. 1555 § 4, 2009).

19.08.675 Primary use.

“Primary use” means the principal or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. (Ord. 1555 § 4, 2009).

19.08.676 Private nursery school, child day care center or kindergarten.

“Private nursery school, child day care center or kindergarten” means an establishment for the care and education of children in connection with an outdoor play area having a minimum area of 1,000 square feet plus an additional 50 square feet for each child in excess of eight. (Ord. 1932 § 3, 2021).

19.08.677 Private park or clubhouse.

“Private park or clubhouse” means land or building(s) intended for the use of members of an organization or residents of a geographic area and their guests for social, intellectual, recreational or athletic purposes. (Ord. 1932 § 3, 2021).

19.08.680 Professional office.

“Professional office” means an office maintained and used as a place of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists (but wherein no overnight care for patients is given) and by engineers, attorneys, architects, accountants and other similar professions. (Ord. 1555 § 4, 2009).

19.08.685 Property line.

“Property line” means the line denoting the limits of legal ownership of property. (Ord. 1555 § 4, 2009).

19.08.690 Public utility.

“Public utility” means a public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas and transportation of persons and freight. (Ord. 1555 § 4, 2009).

19.08.695 Qualified affordable housing.

“Qualified affordable housing” is housing which is affordable within the meaning of RCW 43.185A.010(1) for lease, rent or purchase to households with incomes at or below 80 percent of the area median family income. (Ord. 1555 § 4, 2009).

19.08.700 Recreation facilities.

“Recreation facilities” means facilities such as boat or yacht clubs, swimming pools, athletic clubs, golf and country clubs, for the use of the general public and operated by the municipal corporation. (Ord. 1555 § 4, 2009).

19.08.705 Recreational vehicle.

“Recreational vehicle” means a vehicular-type unit primarily designed for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home and multi-use vehicles. (Ord. 1555 § 4, 2009).

19.08.707 Removal.

“Removal” means the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. (Ord. 1784 § 52, 2016).

19.08.710 Reside.

“Reside” means to have one’s home, to dwell permanently or for a considerable time, and to have a settled abode for a time. Out-of-town residents who are visiting and staying with local residents on a temporary basis as guests shall not be considered to be residing thereat. (Ord. 1555 § 4, 2009).

19.08.711 Restaurant or coffee house.

“Restaurant or coffee house” means a commercial establishment where food and beverages are prepared, served and consumed within the principal building or adjacent sidewalk cafe. (Ord. 1932 § 3, 2021).

19.08.712A Retail farm and garden supplies and nursery, major.

“Retail farm and garden supplies and nursery, major” means a retail enterprise consisting of the sales of goods associated with farms and gardens, live plants, outdoor products and landscaping. Such enterprise may include spaces within an enclosed building, outdoor spaces or greenhouses, the total of which may add to more than 12,000 square feet of floor area. (Ord. 1932 § 3, 2021).

19.08.712B Retail farm and garden supplies and nursery, minor.

“Retail farm and garden supplies and nursery, minor” means a retail enterprise consisting of the sales of goods associated with farms and gardens, live plants, outdoor products and landscaping. Such enterprise may include spaces within an enclosed building, outdoor spaces or greenhouses. All such areas shall be counted toward a total floor area of less than 11,999 square feet. (Ord. 1932 § 3, 2021).

19.08.713A Retail sales, major.

“Major retail sales” means a commercial enterprise or enterprises that provide goods directly to the customer, where such goods are available for either immediate purchase and removal from the premises or arrangements for package delivery. Major retail sales businesses encompass more than 12,000 square feet of floor area. (Ord. 1932 § 3, 2021; Ord. 1909 § 6, 2020. Formerly 19.08.711A).

19.08.713B Retail sales, minor.

“Minor retail sales” means a commercial enterprise that provides goods directly to the customer, where such goods are available for either immediate purchase and removal from the premises or arrangements for package delivery. Minor retail sales businesses encompass less than 11,999 square feet of floor area. (Ord. 1932 § 3, 2021; Ord. 1909 § 7, 2020. Formerly 19.08.711B).

19.08.714A Retail service, major.

“Major retail service” means offices and personal and professional services with drive-through services. (Ord. 1932 § 3, 2021; Ord. 1909 § 8, 2020. Formerly 19.08.711C).

19.08.714B Retail service, minor.

“Minor retail service” means offices and personal and professional services such as accountants, attorneys, beauty salons, photo studios, laundromats and similar. No drive-through services available. (Ord. 1932 § 3, 2021; Ord. 1909 § 9, 2020. Formerly 19.08.711D).

19.08.715 Retail workshop.

“Retail workshop” means a commercial enterprise of less than 4,000 square feet of floor area where goods are produced on site. Such enterprise must include an active facade and space for retail display and sales. Any production of goods on site must not create noise, odors, dust or other environmental impacts beyond the building. (Ord. 1932 § 3, 2021; Ord. 1909 § 10, 2020. Formerly 19.08.711E).

19.08.716 Runoff.

“Runoff” means water from rain, melted snow, or irrigation that flows over the land surface. (Ord. 1932 § 3, 2021; Ord. 1784 § 53, 2016. Formerly 19.08.712).

19.08.719 School, commercial.

“Commercial school” means a building where instruction is given to pupils in arts, crafts, or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation. (Ord. 1932 § 3, 2021; Ord. 1555 § 4, 2009. Formerly 19.08.715).

19.08.720 Schools – Elementary, junior or senior high, including public, private and parochial.

“Elementary, junior or senior high school, including public, private and parochial” means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Washington State Board of Education. (Ord. 1555 § 4, 2009).

19.08.725 Screen.

“Screen” means a method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof. (Ord. 1555 § 4, 2009).

19.08.730 Secondary use, incidental or accessory.

“Incidental or accessory secondary use” means a minor or secondary use for which a lot, structure or building is designed or employed in conjunction with but subordinate to its primary use. (Ord. 1555 § 4, 2009).

19.08.732 Sedimentation.

“Sedimentation” means the process of gravity-induced settling and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes. (Ord. 1784 § 54, 2016).

19.08.735 Setback and yard requirements.

“Setback and yard requirements” are the distances that buildings or uses must be removed from their lot lines. Setbacks shall be measured, where applicable, from proposed or actual public or private street right-of-way lines. (Ord. 1555 § 4, 2009).

19.08.740 Shelter station.

“Shelter station” means a shelter for the protection from the elements for the waiting customer of a transportation system. (Ord. 1555 § 4, 2009).

19.08.745 Shopping center.

“Shopping center” means a group of retail and other commercial establishments that is planned, owned and managed as a single property. On-site parking is provided. The center’s size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and open-air strip centers. (Ord. 1555 § 4, 2009).

19.08.750 Shrub.

“Shrub” means a woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen. (Ord. 1555 § 4, 2009).

19.08.754 Sidewalk cafe.

“Sidewalk cafe” means an outdoor area for customers of restaurants, coffee houses or similar located in an enclosed building to sit while being served or awaiting service or indoor seating. (Ord. 1932 § 3, 2021).

19.08.755 Sign.

“Sign” means any letters, figures, design, symbol, trademark or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever. Sources of light used primarily to illuminate a sign, or a building, or ground surrounding the building, shall not be considered signs themselves; provided, however, that sources of light used primarily to attract attention to the sign itself or as a decorative feature of the display shall be considered as part of the sign. Lighted canopies, with the exception of the signed portion, shall not be considered signs themselves. Excluded from the definition are official traffic signs or signals, sheriff’s notices, court notices or official public notices and the flag of a government or noncommercial institution, and signs not visible from the street or sidewalk. (Ord. 1555 § 4, 2009).

19.08.760 Sign, abandoned.

“Abandoned sign” means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. (Ord. 1555 § 4, 2009).

19.08.765 Sign, area or surface area.

“Area or surface area of sign” means the greatest area of a sign, on which copy is to be placed, enclosed within not more than three circles, rectangles or squares, or any combination of these forms which produces the smallest area. Sign structure, architectural embellishments, framework and decorative features which contain no written or advertising copy and are not internally lighted shall not be included. (Ord. 1555 § 4, 2009).

19.08.770 Sign, billboard.

“Billboard sign” means an outdoor advertising sign containing a message, commercial or otherwise, unrelated to any use or activity on the property on which the sign is located, but not including directional signs as defined herein. (Ord. 1555 § 4, 2009).

19.08.775 Sign, building-mounted.

“Building-mounted sign” means a single- or multiple-faced sign attached to the face of a building or marquee. (Ord. 1555 § 4, 2009).

19.08.780 Sign, canopy.

“Canopy sign” means any sign erected upon, against or directly above a canopy. (Ord. 1555 § 4, 2009).

19.08.785 Sign, construction.

“Construction sign” means an information sign which identifies the architect, engineers, contractors and other individuals, or firms involved with the construction of a building, or announcing the character of the building or enterprise, which is erected during the building construction period. (Ord. 1555 § 4, 2009).

19.08.790 Sign, freestanding.

“Freestanding sign” means a single- or multiple-faced sign supported from the ground by one or more columns, uprights or braces. (Ord. 1555 § 4, 2009).

19.08.795 Sign, grade.

“Grade (sign)” means the elevation or level of the street closest to the sign to which reference is made, as measured at the street’s centerline, or the relative ground level in the immediate vicinity of the sign. (Ord. 1555 § 4, 2009).

19.08.800 Sign, height of.

“Height of sign” means the vertical distance from the grade to the highest point of a sign or any vertical projection thereof, including its supporting columns, or the vertical distance from the relative ground level within five feet of the sign. (Ord. 1555 § 4, 2009).

19.08.805 Sign, incidental.

“Incidental sign” means a single- or double-faced sign not exceeding two square feet in surface area of a noncommercial nature, intended primarily for the convenience of the public. Included are signs designating rest rooms, address numbers, hours of operation, public telephone, etc. Also included are signs designed to guide pedestrian or vehicular traffic to an area or place on the premises of a business, building or development, as well as building directories with the letters not to exceed four inches in height. (Ord. 1555 § 4, 2009).

19.08.810 Sign, low-profile.

“Low-profile sign” means a freestanding sign not exceeding six feet in height measured from the finished grade to the top of the sign and not exceeding 32 square feet in area. (Ord. 1555 § 4, 2009).

19.08.815 Sign, noncommercial public service.

“Noncommercial public service sign” means noncommercial signs devoted to religious, charitable, cultural, governmental or educational messages, including, but not limited to, the advertising of events sponsored by a governmental agency, a school, church, civic or fraternal organization or other organizations engaged in activities for profit. (Ord. 1555 § 4, 2009).

19.08.820 Sign, political.

“Political sign” means signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot. (Ord. 1555 § 4, 2009).

19.08.825 Sign or signs, primary.

“Primary sign or signs” means all signs, including freestanding signs, of a user which are not exempt or which do not come within the category of incidental signs. The term “primary sign” is intended to include virtually all signs of a commercial nature. (Ord. 1555 § 4, 2009).

19.08.830 Sign, projection.

“Projection sign” means a projecting sign with no exposed legs or braces, designed to look as though it could have been part of the building structure rather than something suspended from the building. (Ord. 1555 § 4, 2009).

19.08.835 Sign, reader board.

“Reader board sign” means a sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. (Ord. 1555 § 4, 2009).

19.08.840 Sign, roof.

“Roof sign” means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building, including a sign affixed to any structure erected upon a roof, including a structure housing building equipment. (Ord. 1555 § 4, 2009).

19.08.845 Signs, subdivision.

“Subdivision signs” means signs used to identify a land development which is to be or was accomplished at essentially one time. (Ord. 1555 § 4, 2009).

19.08.850 Signs, temporary and special.

“Temporary and special signs” means signs of a temporary or special nature and are limited to construction signs, grand opening displays, real estate signs, open house signs, residential land subdivision signs and subdivision directional signs. (Ord. 1555 § 4, 2009).

19.08.855 Sign, window.

“Window sign” means all signs located inside and affixed to or within three feet of windows of a building, whether temporary or permanent, except lighted signs of a commercial advertisement nature which may be viewed from the exterior of the building. The term does not include merchandise located within three feet of a window. Lighted window signs shall be included in determining the number of primary signs and in determining the permissible sign area for each facade. Does not include incidental signs. (Ord. 1555 § 4, 2009).

19.08.860 Skilled nursing facility.

“Skilled nursing facility” means an institution or a distinct part of an institution that is licensed to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption. (Ord. 1555 § 4, 2009).

19.08.861 Small cell facility.

“Small cell facility” shall mean and refer to a personal wireless services facility that meets both of the following qualifications:

(1) Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

(2) Primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, and cut-off switch. (Ord. 1832 § 1, 2018).

19.08.862 Small cell network.

“Small cell network” shall mean and refer to a collection of interrelated small cell facilities designed to deliver personal wireless services. (Ord. 1832 § 2, 2018).

19.08.865 Solid planting.

“Solid planting” means a planting of evergreen trees and shrubs which will prevent a through and unobscured penetration of sight or light. (Ord. 1555 § 4, 2009).

19.08.870 Sorority.

See OHMC 19.08.315, Fraternity, sorority or student cooperative. (Ord. 1555 § 4, 2009).

19.08.875 Story.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of the building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade (which is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building) for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined in this section, at any point, such basement, cellar or unused underfloor space shall be considered as a story. (Ord. 1555 § 4, 2009).

19.08.880 Street.

“Street” means an officially approved public thoroughfare or right-of-way dedicated, deeded or condemned, which has been officially approved by a governmental agency for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this code. The word “street” shall include all arterial highways, freeways, traffic collector streets and local streets. (Ord. 1555 § 4, 2009).

19.08.885 Structure.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in height, retaining walls, rockeries and similar improvements of a minor character less than three feet in height. (Ord. 1555 § 4, 2009).

19.08.890 Structural alteration.

“Structural alteration” means any change in load or stress of the loaded or stressed members of a building or structure. (Ord. 1555 § 4, 2009).

19.08.895 Surface area or facade.

“Surface area or facade” means the area of that front, side or back elevation, including doors and windows, but excluding any roof area and structures or elevators or air conditioning equipment thereon; provided, that in the case of a roof sign, the surface area or facade shall be the area of that front, side or back immediately beneath the roof, including doors and windows, but excluding the roof area and structures for elevators or air conditioning thereon. (Ord. 1555 § 4, 2009).

19.08.896 Temporary.

“Temporary” means not having or requiring permanent attachment to the ground, or involving structures which have no required permanent attachment to the ground. (Ord. 1555 § 4, 2009).

19.08.897 Tree.

“Tree” shall mean any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of six inches or more measured at three feet above the ground level. (Ord. 1555 § 4, 2009).

19.08.898 Tree cluster, grove or stand.

“Tree cluster, grove or stand” means a group of four or more trees of any species or size, where the leaves and outermost branches touch. (Ord. 1555 § 4, 2009).

19.08.899 Tree root zone.

“Tree root zone” means a circle described by the outermost branches of a tree projected to the ground, also known as dripline. (Ord. 1555 § 4, 2009).

19.08.900 Understory.

“Understory” means trees, shrubs or groundcover growing beneath and shaded by a tree. (Ord. 1555 § 4, 2009).

19.08.901 Tree, ornamental.

“Ornamental tree” means a tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree. (Ord. 1555 § 4, 2009).

19.08.905 Tree, shade.

“Shade tree” means a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy. (Ord. 1555 § 4, 2009).

19.08.910 Tree, significant.

“Significant tree” means a healthy evergreen or deciduous tree, 12 inches or more in diameter, measured four feet above existing grade. Alder trees of any diameter are not considered a significant tree. (Ord. 1555 § 4, 2009).

19.08.915 Upholstery shop.

“Upholstery shop” means a business specializing in the recovering of furniture and automobile interiors including springs and padding, and also may include the retail sale of fabric, padding, upholstery tools and other materials used in the upholstery trade. (Ord. 1555 § 4, 2009).

19.08.920 Use.

“Use” means the purpose land or buildings or structures now serve or for which they are occupied, maintained, arranged, designed or intended. (Ord. 1555 § 4, 2009).

19.08.925 Use district.

“Use district” means a portion or portions of Oak Harbor designated on official zoning maps as one or more of the categories listed and described in this title. (Ord. 1555 § 4, 2009).

19.08.930 Used car lot.

“Used car lot” means any place outside a building where two or more automobiles are offered for sale or are displayed. (Ord. 1555 § 4, 2009).

19.08.935 Uses, prohibited.

A “prohibited use” is any use which is not listed in one of the following categories:

(1) Permitted use for the zone;

(2) A lawfully granted conditional use;

(3) A lawfully granted variance;

(4) A lawfully existing nonconforming use;

(5) A lawfully permitted home occupation. (Ord. 1555 § 4, 2009).

19.08.940 Variance.

“Variance” means the means by which an adjustment is made in the application of the specific regulations of this title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in privileges. A variance is a form of special exception. (Ord. 1555 § 4, 2009).

19.08.945 Vehicular surface area.

“Vehicular surface area” means an open area where motor vehicles are either stored or driven, including private driveways and private streets, parking lots, rental lots, and rental depots, but it does not include parking buildings, underground parking areas, or areas which are used exclusively as loading areas and service areas. (Ord. 1555 § 4, 2009).

19.08.950 Video rental store.

“Video rental store” means an establishment primarily engaged in the retail rental or lease of videotapes, films, CD-ROMs, laser discs, electronic games, cassettes or other electronic media. Sales of film, videotapes, laser discs, CD-ROMs and electronic merchandise associated with VCRs, video cameras and electronic games are permitted accessory uses. (Ord. 1555 § 4, 2009).

19.08.955 Waste, hazardous.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), except for moderate risk waste as defined in RCW 70.105.010(17). (Ord. 1555 § 4, 2009).

19.08.960 Waste, hazardous – Off-site treatment and storage facility.

“Hazardous waste off-site treatment and storage facility” means treatment and storage facilities which treat and store hazardous wastes generated on properties other than those on which the off-site facilities are located. (Ord. 1555 § 4, 2009).

19.08.965 Waste, hazardous – On-site treatment and storage facility.

“Hazardous waste on-site treatment and storage facility” means treatment and storage facilities which treat and store hazardous wastes generated on the same property. (Ord. 1555 § 4, 2009).

19.08.970 Waste, hazardous – Storage of.

“Storage of hazardous waste” means the holding of hazardous waste for temporary periods as regulated by the state dangerous waste regulations, Chapter 173-303 WAC. (Ord. 1555 § 4, 2009).

19.08.975 Waste, hazardous – Treatment of.

“Treatment of hazardous waste” means the physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume as regulated by the state dangerous waste regulations, Chapter 173-303 WAC. (Ord. 1555 § 4, 2009).

19.08.980 Way open to public.

“Way open to public” means any paved or unpaved area on private property open to the general public for driving or parking. (Ord. 1555 § 4, 2009).

19.08.982 Wet season.

“Wet season” means the period of the year between October 1st and April 30th. (Ord. 1784 § 55, 2016).

19.08.983 Wholesale warehouse or storage.

“Wholesale warehouse or storage” means an enclosed building used for the bulk storage of items not accessed by individual members of the general public. (Ord. 1932 § 3, 2021).

19.08.985 Wireless communications facility, macro.

“Macro wireless communications facility” means an attached wireless communications facility which consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 75 square feet in the aggregate as viewed from any one point. (Ord. 1555 § 4, 2009).

19.08.990 Wireless communications facility, micro.

“Micro wireless communications facility” means an attached wireless communications facility which consists of antennas equal to or less than four feet in height (except omni-directional antennas which may be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one-foot diameter parabola or two-foot by one-and-one-half-foot panel) as viewed from any one point. The permitted antenna height includes the wireless communications facility support structure. (Ord. 1555 § 4, 2009).

19.08.995 Wireless communications facility, mini.

“Mini wireless communications facility” means an attached wireless communications facility which consists of antennas equal to or less than 10 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 50 square feet in the aggregate as viewed from any one point. (Ord. 1555 § 4, 2009).

19.08.1000 Wireless communications facility, monopole.

“Monopole wireless communications facility” means a wireless communications facility which consists of a wireless communications support structure, erected to support wireless communications antennas and connecting appurtenances. (Ord. 1555 § 4, 2009).

19.08.1002 Wrecking yard.

“Wrecking yard” means any outdoor storage of damaged, inoperable, or obsolete machinery such as cars, trucks, boats and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled, or handled. (Ord. 1932 § 3, 2021).

19.08.1005 Xeriscape.

“Xeriscape” means a landscaping method which conserves water through the use of drought-tolerant plants and planting techniques. (Ord. 1555 § 4, 2009).

19.08.1010 Yard.

“Yard” means an open space in front, rear or side on the same lot with a building or proposed building. (Ord. 1555 § 4, 2009).

19.08.1015 Yard, front.

“Front yard” means an open space extending from 30 inches above the general ground level at the principal street line to the building line and including the full width of the lot to its side lines. (Ord. 1555 § 4, 2009).

19.08.1020 Yard, rear.

“Rear yard” means an open space extending from 30 inches above the general ground level at the rear lot line to the main building line and including the full width of the lot to its side lines. (Ord. 1555 § 4, 2009).

19.08.1025 Yard, service.

“Service yard” means an open area, usually paved, with access to a street or alley, to allow vehicular access to a building or use for purposes of loading or unloading equipment, freight, livestock or people. (Ord. 1555 § 4, 2009).

19.08.1030 Yard, side.

“Side yard” means an open space extending from 30 inches above the general ground level at the front yard to the rear yard and from the main building line to the side lot line. (Ord. 1555 § 4, 2009).