(1) 
For purposes of defining terms within this code, words used in the present tense include the future, words in the singular include the plural and words in the plural include the singular.
(2) 
The word “shall” denotes a mandate and the word “may” denotes the use of discretion in making a decision. Words not defined herein shall be construed as defined in the building code of the city of Forks, and other such jurisdiction having authority in such matters.
(3) 
When no definition is available for a word in contention, the definition provided in the most recent definition of Webster’s Dictionary Collegiate Edition shall be utilized.
(Ord. 433 §§ 2.10, 2.20, 1997)
“Adult entertainment”
means an establishment consisting of, including, or having characteristics of any or all of the following:
(1) 
“Adult bookstore”
means an establishment having a substantial or significant portion of its stock-in-trade books, magazines, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
(2) 
“Adult cabaret”
means (a) an establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (b) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
(3) 
“Adult mini-motion picture theater”
means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
(4) 
“Adult motion picture theater”
means an enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
(Ord. 433, App. A, 1997)
“Agriculture”
means the production, keeping, or maintenance, for sale, lease or personal use, of plants and animals to include but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts and berries; or vegetables.
(Ord. 433, App. A, 1997)
“Alley”
means a public right-of-way not over 30 feet wide affording a secondary means of vehicular access to abutting lots but which is not intended for general traffic circulation.
(Ord. 433, App. A, 1997)
“Amusement arcade”
means an outdoor area or open structure, or a building or a part thereof, open to the public, that contains coin-operated games, rides, booths for the conduct of entertainment, including rides, booths for the conduct of games or sale of items, entertainment, or sale of food.
(Ord. 433, App. A, 1997)
“Appeal”
means in any of the above situations where an appeal is requested the following process shall be used:
(1) 
Notice will be provided in the manner described above; and
(2) 
The proceedings shall be open to the public and a recording of the proceedings shall be made; and
(3) 
At a minimum, the group hearing the appeal shall be provided with the following:
(a) 
Any and all written documents to include applications, decisions, notices, appeal request, written testimony, and staff report; and
(b) 
Testimony, written or oral, from the applicant and appellant; and
(c) 
A written and oral staff report; and
(d) 
Testimony, written or oral, provided by the public in attendance at the public hearing; and
(4) 
The control of the meeting shall be the responsibility of either the chair of the Forks planning commission or the mayor, depending upon the body hearing the appeal.
(Ord. 433, App. A, 1997)
“Automobile sales”
means the use of any building, land area, or other premises for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.
(Ord. 433, App. A, 1997)
“Small inn”
means overnight visitor accommodations being leased or rented for transitory stays for periods of less than 30 days; and the facility is no greater than eight lodging units and having no more than a total of 6,000 square feet.
(Ord. 433, App. A, 1997; Ord. 629 § 1, 2018)
“Building height”
means vertical distance from the average elevation of the natural grade, as measured along the foundation of the lowest side of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the top of the highest gable of pitch or hip roof. In areas with steep slopes or other unusual topographical character, the commission may allow the height of the building to be computed on another basis as proper for the site and adjoining properties. Such a determination by the commission shall be processed as an administrative appeal.
(Ord. 433, App. A, 1997)
“Church”
means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
(Ord. 433, App. A, 1997)
“Commercial greenhouse”
means a separate building, with a floor area larger than 100 square feet, whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for commercial cultivation of delicate or out-of-season plants for subsequent wholesale or retail sales.
(Ord. 433, App. A, 1997)
Conditional Use.
Land use designated as conditional use will require an application for a land use permit to be submitted to the Forks planning commission. The commission will provide notice of the application must be provided to adjacent land owners, and posted on the property. Notice must include the date and time for the conducting of a public hearing which may include other issues such as SEPA, etc. The commission will make a decision within 10 days of the public hearing. Such a decision shall be in writing and include an explanation for the decision made. The commission’s decision must be published in the journal of record for the city. Additional notice of the decision must be provided to adjacent land owners, and posted on the property. Notice of the decision must include explanation of how the decision can be appealed to the Forks city council by the filing of a written appeal of the decision to the planning director with 15 days of the date of the decision. Compliance with other city ordinances (building codes, etc.) will still be required.
(Ord. 433, App. A, 1997)
“Condominium”
means a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
(Ord. 433, App. A, 1997)
“Convenience store”
means any retail establishment, consisting of less than 3,500 total square feet, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, primarily for off-site consumption.
(Ord. 433, App. A, 1997)
“Density”
means number of units within a specified area; the total number of square feet in a lot divided by the number of dwelling units on the lot.
(Ord. 433, App. A, 1997)
“Drug store/pharmacy”
means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines. Such a facility shall have on-site parking equal to one parking space per 600 square feet plus one additional parking space per every five full-time or part-time employees.
(Ord. 433, App. A, 1997)
“Dual dwelling”
means two separate single-family dwelling units on a single lot where city water and sewer services are available.
“Duplex”
means a building on a single lot containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
(Ord. 433, App. A, 1997; Ord. 650 § 1, 2020)
“Factory/manufacturing premises”
means a building in which raw material and semifinished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated, or processed. If heavy equipment is being used within the premises, and such equipment emits sounds that can be heard within 100 feet of the outermost boundary of the property on which the factory is set, a vegetative buffer will be required, in addition to possible building design requirements, to help reduce noise in the surrounding neighborhood.
(Ord. 433, App. A, 1997; Ord. 467 § 2, 2000)
“Family”
means an individual, or two or more persons related by blood, marriage, legal custody, or by some other legal arrangement, or a group of persons who are not related by blood, marriage, legal custody or law, living together in a dwelling unit.
(Ord. 433, App. A, 1997)
“Feedlot/rendering plant”
means any building, part thereof, or lot of land used for the purpose of either/both: (1) the fattening of livestock prior to final shipment or slaughter; (2) the slaughtering and packaging of livestock in an assembly line fashion, or involving the slaughtering/packaging of more than 100 head per day.
(Ord. 433, App. A, 1997)
“Gas station”
means any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels, servicing and repair of automobiles, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicular accessories.
(Ord. 433, App. A, 1997)
“Grocery store”
means any building devoted primarily to the sale of staple foodstuffs and household commodities, which shall include parking at a ratio of six off-street spaces per 100 square feet of gross leasable space.
(Ord. 433, App. A, 1997)
“Health services”
means health care facilities as well as establishments providing support to medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
(Ord. 433, App. A, 1997)
(1) 
“Home enterprise within a separate facility with less than 2,000 square feet” means any activity, including professional services, carried out for gain by a resident and conducted in a separate facility, having no more than 2,000 square feet in total floor space, from the resident’s dwelling unit. Such activity may employ no more than five full-time or part-time employees.
(2) 
Vacation/visitor rentals are a permitted out-right use when the separate facility is being leased or rented for transitory stays for periods of less than 30 days; and where the following conditions are being met:
(a) 
The separate space is no greater than 500 square feet and there are no more than two beds within said space for lease or rent;
(b) 
Has been added or remodeled pursuant to a properly issued building permit;
(c) 
Has the following safety equipment installed:
(i) 
Smoke/fire detectors;
(ii) 
Fire extinguisher;
(d) 
Has a legally permitted in-structure restroom;
(e) 
Has obtained the necessary business licenses, applicable Department of Health license, and registered accordingly with the State Department of Revenue;
(f) 
No additional parking spaces are required beyond existing parking for the home occupants.
(Ord. 433, App. A, 1997; Ord. 629 § 5, 2018)
“Home enterprise within home”
means any activity, including professional services, carried out for gain by a resident and conducted as customary, incidental, and accessory use in the resident’s dwelling unit. Such an enterprise can include the use of no more than two part-time or full-time nonresident employees and shall not require the use of more than 50 percent of the living space of the home to operate. This category does not include day care centers as defined elsewhere.
(Ord. 433, App. A, 1997)
“Kennel”
means a commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation. The facility shall also be required to have the approval of the chief of police or their designee with regard to compliance with standards for the keeping of animals. A buffer shall be required between the facility and the adjacent property owners through the use of berms and/or plantings as determined by the Forks planning commission or the city planning director.
(Ord. 489 § 2, 2001)
“Kiosks”
means a freestanding structure upon which temporary information and/or posters, notices, and announcements are posted.
(Ord. 433, App. A, 1997)
“Lot line, front”
means, for corner lots, either boundary of the lot abutting a street, as determined by owner. For interior lots, the boundary abutting the street, except for “panhandle” lots where the front lot line shall be the boundary line (extending the width of the lot) which represents an intersection of the driveway portion of the lot with the buildable area of the lot.
(Ord. 433, App. A, 1997)
“Lot, tract, or parcel”
shall be an ownership of land in which the boundary is defined by a deed recorded in the county auditor’s office and assigned a tax parcel number (or numbers) by the county assessor. It may be described by metes and bounds or by lot number designated in a recorded plat.
(Ord. 433, App. A, 1997)
“Medical services”
means health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
(Ord. 433, App. A, 1997)
“Mineral extraction or processing”
means the extraction of minerals, including solids, such as coal and ores, liquids, such as crude petroleum, and gases, such as natural gas. This also includes quarrying, ground water diversion, soil removal, milling, such as screening, washing, and flotation, and other preparation customarily done at the mine site or as part of mineral extraction activity.
(Ord. 433, App. A, 1997)
“Motel/hotel/inn”
means a facility, having nine or more lodging units, or being greater than 6,000 square feet, that offers short-term lodging accommodations to the general public, and may provide additional services, such as meals, restaurants, meeting rooms, entertainment, and recreational facilities.
(Ord. 433, App. A, 1997; Ord. 629 § 2, 2018)
“Nonconforming building”
means a building, or a portion thereof, which was lawfully erected and maintained prior to the adoption of the ordinance codified in this title, but which does not conform to the requirements of the zone in which it is located, as provided by this title.
(Ord. 433, App. A, 1997)
“Nonconforming use”
means a use which was lawfully established and maintained prior to the adoption of the ordinance codified in this chapter, but which does not conform to the requirements (as reflected on the land use matrix) of the zone in which it is located.
(Ord. 433, App. A, 1997)
“Nursery”
means land used to raise flowers, shrubs and plants for sale, or a retail facility associated with such activities used to market the flowers, shrubs and plants.
(Ord. 433, App. A, 1997)
“Permitted use”
means land use designated as permitted will not require a land use permit from the Forks planning director. Compliance with other city ordinances (building codes, etc.) will still be required.
(Ord. 433, App. A, 1997)
“Planned unit development”
means an area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained as a single entity and containing one or more residential clusters; appropriate commercial, public or quasi-public uses may be included if such uses are primary for the benefit of the residential development.
(Ord. 433, App. A, 1997)
“Professional office”
means a building used primarily for conducting affairs of a professional service (e.g., medical, dental, chiropractic, accounting, consulting, cosmetologist, or legal), and may include ancillary services for office workers.
(Ord. 433, App. A, 1997)
Prohibited.
Land uses designated as prohibited shall not be granted any permits in those areas where they are prohibited, unless a variance is granted by the Forks city council after a public hearing has occurred, and notice is provided in the manner described for a conditional use. When a variance is granted, by city ordinance, compliance with other city ordinances (building codes, etc.) will still be required.
(Ord. 433, App. A, 1997)
“Public land”
shall include all lands owned by a public entity to include the city, a junior taxing district as recognized as such by the county treasurer, a public utility district, or a state agency or its subdivision; provided, that said lands have been designated as public lands by the city council.
(Ord. 502 § 1, 2002)
“Race track”
means an area, building, or facility devoted to the racing of motor vehicles, nonmotorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, and a fixed race track.
(Ord. 433, App. A, 1997)
“Research facilities”
means any building, facility or land devoted to or supporting research activities having minimal nuisance characteristics related to odor, noise, glare and radiation. Research is an activity devoted to the obtaining of knowledge and does not include any product retailing or wholesaling activity. Testing for surface and subsurface minerals is not a research activity.
(Ord. 433, App. A, 1997)
“Retail store with less than 4,000 square feet of total floor space”
means a building, having less than 4,000 square feet of total floor space, devoted primarily to the sale of a product, group of products, or services to the general public. This does not include agriculture services, nursery, grocery store, convenience store, medical services, professional offices, liquor stores, adult entertainment, drugstore/pharmacy, shopping center, or automobile sales.
(Ord. 433, App. A, 1997)
“Retail store with a total floor space ranging between 4,001 and 10,000 square feet”
means a building, having between 4,001 and 10,000 square feet of total floor space, devoted primarily to the sale of a product, group of products, or services to the general public. This does not include agriculture services, nursery, grocery store, convenience store, medical services, professional offices, liquor stores, adult entertainment, drugstore/pharmacy, shopping center, or automobile sales.
(Ord. 433, App. A, 1997)
“Retail store with a total floor space greater than 10,001 square feet”
means a building, having a total floor space greater than 10,001 square feet, devoted primarily to the sale of a product, group of products, or services to the general public. This does not include agriculture services, nursery, grocery store, convenience store, medical services, professional offices, liquor stores, adult entertainment, drugstore/pharmacy, shopping center, or automobile sales.
(Ord. 433, App. A, 1997)
“Rock crushing and asphalt plant”
means a facility used for the purpose of milling rock, such as screening, washing, and flotation, and other preparation customarily done with rock and gravel on-site for the purpose of sale or transport for sale or use off-site. In addition, the use of the facility to make or produce paving materials such as asphalt, concrete, etc.
(Ord. 433, App. A, 1997)
(1) 
“RV parks”
means land within established locations for the temporary use, less than 60 days, in any one lot or space by recreational vehicles that serve as living quarters for recreational, education, or vacation purposes; as well as for use by nonresidential workers. Such lots must comply with all applicable city, county and state rules and regulations, to include applicable health codes. An RV park is further characterized as being one where the visiting user has access to stand-alone restrooms, sink and shower facilities, common park, telephone services, utility services such as water, sewer or approved septic wastes, privacy fence if necessary as well as other amenities. Even when permitted outright by the zoning code, all such developments must undergo a State Environmental Policy Act (SEPA) as described elsewhere within the Forks Municipal Code.
(2) 
“RV overnight parking facilities”
means land within established locations for the temporary use, less than 60 days, in any one lot or space by recreational vehicles that serve as living quarters for recreational, education, or vacation purposes; as well as for use by nonresidential workers. Such facilities are limited to no more than 10 designated, easily discernible parking locations that provide water, sewer or approved on-site septic disposal, and electrical utilities, as well as a means of legally disposing of solid waste. Such facilities may be required, as part of the permitting process, to address such things as traffic ingress and egress, stormwater drainage, on-site lighting, privacy fence, solid waste, fire hydrants, etc. through a review of the development under the State Environmental Policy Act (SEPA).
(3) 
“Recreational vehicle”
means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot.
(Ord. 433, App. A, 1997; Ord. 587 § 1, 2011)
“Schools”
means any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge. With regard to parking facilities, each school shall maintain an on-site parking ratio of two parking spaces per every 10 employees, either full-time or part-time. In addition, one additional on-site parking unit shall be added to the number above for every 35 projected students to be enrolled at the facility. Finally, if the school is going to enroll students of a driving age, an additional on-site parking unit shall be added to the above at the ratio of one parking space per every five projected driving age students.
(Ord. 433, App. A, 1997)
“Shopping center”
means a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
(Ord. 433, App. A, 1997)
“Sign”
means any structure, or part thereof, or any device attached, painted, or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation which is intended to draw attention to a product, service, business or person, or institution or location. It is visible from off-premises. Legal notices and safety and directional devices are excluded.
(Ord. 433, App. A, 1997)
Special Use.
Land use designated as special use will require an application for a land use permit to be submitted to the Forks planning director. The director’s decision must be published in the journal of record for the city. Additional notice of the decision must be provided to adjacent land owners, and posted on the property. Notice must include explanation of how the decision can be appealed to the Forks planning commission by the filing of a written appeal of the decision to the planning director within 15 days of the date of the decision. Compliance with other city ordinances (building codes, etc.) will still be required.
(Ord. 433, App. A, 1997)
“Story”
means that portion of a building included between the upper surfaces of any floor and the surface of the next floor or roof above.
(Ord. 433, App. A, 1997)
“Street”
means a public way established by or maintained under public authority, or a private way open for public use, and a private way plotted or laid out for ultimate public use, whether or not constructed.
(Ord. 433, App. A, 1997)
“Studio”
means (1) the workshop of an artist, sculptor, photographer, or craftsperson that is not located on the same’s residential lot as permitted elsewhere within the zoning code; (2) a place for radio or television production; and/or (3) a place where movies are produced.
(Ord. 433, App. A, 1997)
“Taverns”
means a licensed establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as an accessory to the primary use.
(Ord. 433, App. A, 1997)
“Timber harvesting”
means the act of cultivating and harvesting of trees that will have only a minimal impact on neighboring residential uses when undertaken in low density areas. Such activities may include timber harvesting, land preparation for tree planting, temporary road construction, tree thinning, brush control, temporary storage of logs, materials, vehicles and equipment supporting timber growing on-site, and temporary chipping and barking of timber harvested on-site utilizing portable equipment.
(Ord. 433, App. A, 1997)
“Timber management”
means improvements and activities associated with growing and harvesting of trees. Such activity includes land preparation for tree planting, road construction, tree thinning, brush control, log storage and sorting yards, tree nursery facilities, research activity related to timber growing, improvements required for environmental impact mitigation, temporary chipping and barking activity utilizing portable equipment, storage of materials, vehicles and equipment supporting timber growing, harvesting and transportation activities, staging areas and facilities, timber transshipment facilities, log scaling facilities, the extraction of gravel and rock necessary to support timber management activity (so long as such extraction does not become the primary activity upon such a site), and all other silviculture and associated practices which are recognized by and consistent with the regulations of the Washington State Forest Practices Act of 1974.
(Ord. 433, App. A, 1997)
“Vacation/visitor rental”
means any activity where the entirety of a structure is being leased or rented as a single unit for transitory stays for periods of less than 30 days and which may, or may not, require additional licenses from local and/or state agencies. When an existing use associated with a building is being converted to this purpose, the separate designation within the land use matrix (FMC § 17.15.060) shall be controlling as to the nature of the permit required.
(Ord. 629 § 3, 2018)
“Vehicle”
means all self-propelled instrumentalities used for the movement of persons or property and any trailers for such instrumentalities.
(Ord. 433, App. A, 1997)
“Veterinary clinic”
means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to or in conjunction with the medical treatment provided. This definition shall not be applied to those facilities that breed and/or board animals in addition to medical treatment. Nor shall this definition apply to facilities that conduct experiments with animals.
(Ord. 489 § 2, 2001)
“Warehouse”
means a building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field.
(Ord. 433, App. A, 1997)
“Wrecking yard”
means any area of a lot, building, or facility used for the storage, collection, processing, purchase, sale, salvage, or disposal motor vehicles, and/or heavy equipment and machinery. In addition to proper state licenses, such facilities shall be required to have a buffer between their property and adjacent properties that can include any and all of the following, as required by the planning director and the building director: berms, fencing, walls, plantings, etc.
(Ord. 433, App. A, 1997)
“Yard”
means an open space abutting a lot line unobstructed and unoccupied from the ground upward by any building or structure. A yard shall extend into the lot to the drip line of the building.
(Ord. 433, App. A, 1997)
“Yards, front”
means an open space extending the full width of the lot between a main building and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of main building.
(Ord. 433, App. A, 1997)
“Yards, rear”
means an open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward.
(Ord. 433, App. A, 1997)