Except where specifically defined herein, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision: the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” [Ord. 426 § 10.06.010, 1998]
“Accessory building” means a subordinate building, the use of which is incidental to the use of the main building on the same lot. [Ord. 426 § 10.06.020, 1998]
“Accessory dwelling unit (ADU)” means an additional dwelling unit attached or detached from the primary dwelling unit located on a lot. ADUs include living, sleeping, kitchen and bathroom facilities and have a separate entry from the primary dwelling. [Ord. 887 § 2 (Exh. 1), 2025; Ord. 639 § 1, 2009]
“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. 426 § 10.06.030, 1998]
“Adult or family day-care facilities” includes permanent or temporary lodging and care facilities for the elderly and physically and mentally disabled, as defined by the State Department of Social and Health Services (DSHS). [Ord. 597 § 1, 2006]
“Alley” means a public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation. [Ord. 426 § 10.06.040, 1998]
“Alterations” means a change or rearrangement of the structural parts or exit 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. 426 § 10.06.050, 1998]
“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. [Ord. 426 § 10.06.060, 1998]
“Site area” means the total horizontal area within the property lines excluding external streets. [Ord. 426 § 10.06.070, 1998]
“Boarding house” means a dwelling in which not more than four roomers and/or boarders are housed or fed. [Ord. 426 § 10.06.080, 1998]
A “building” is a structure as herein defined. When separated by division walls without openings each portion so separated shall be considered a separate building. [Ord. 426 § 10.06.090, 1998]
“Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. [Ord. 426 § 10.06.100, 1998]
“Building line” means a corner of part of a building nearest the property line. [Ord. 426 § 10.06.110, 1998]
See “Area, site,” CMC 19.06.070. [Ord. 426 § 10.06.120, 1998]
“Child day-care centers” provide temporary care of children as defined by the State Department of Social and Health Services, preschool or nursery school. [Ord. 597 § 2, 2006]
“Conditional use” means uses which may be permitted as principal or accessory uses when authorized by the council pursuant to specified standards. [Ord. 426 § 10.06.130, 1998]
The term “council” or “town council” shall mean the town council of the town of Concrete. [Ord. 426 § 10.06.140, 1998]
“Court” means an unoccupied open space bounded on three or more sides by buildings or lot lines on which walls are permitted. [Ord. 426 § 10.06.150, 1998]
“Coverage” means the area of a lot which is covered by a roofed structure. [Ord. 426 § 10.06.160, 1998]
“Density” means the permitted ratio of residential units to land area and/or the permitted ratio of building size to land area. [Ord. 426 § 10.06.170, 1998]
“Detached building” means a building surrounded on all sides by open space. [Ord. 426 § 10.06.180, 1998]
“Developed land area” means those parts of a land parcel that have been extensively improved for an existing land use including building coverage, parking and loading areas, service yards and landscaped areas. [Ord. 426 § 10.06.190, 1998]
“Development” means that which is to be done pursuant to a land use permit, building permit, special use permit, conditional use permit, temporary use permit, shoreline substantial development permit, or sign permit. [Ord. 661 § 1, 2010]
“Discontinue” means to cease to operate, use, or take; to end. [Ord. 426 § 10.06.200, 1998]
“Single-family dwelling” means a detached building containing but one kitchen, designed for and occupied exclusively by one family. [Ord. 426 § 10.06.210, 1998]
“Two-family dwelling” means a building containing two kitchens and designed to be occupied by two families living independently of each other. [Ord. 426 § 10.06.220, 1998]
“Multifamily dwelling” means a building designed to house three or more families living independently of each other. [Ord. 426 § 10.06.230, 1998]
“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family. [Ord. 426 § 10.06.240, 1998]
“Family” means one person or two or more related or unrelated persons living together as a single, nonprofit housekeeping unit. [Ord. 426 § 10.06.250, 1998]
“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 center line 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, 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. See also CMC 19.54.010(6). [Ord. 426 § 10.06.260, 1998]
“Private garage” means a sheltered or enclosed space designed and used for the storage of the motor vehicles or boats of the residents of the premises. [Ord. 426 § 10.06.270, 1998]
“Public 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. 426 § 10.06.280, 1998]
“Gas station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants and auto accessories and which may or may not include washing, lubricating, motor tuning and other minor servicing but not painting operation, body work or major auto repair. [Ord. 426 § 10.06.290, 1998]
“Group home” means a building providing lodging to three or more persons unrelated to the principal residing family including, among other things, boarding houses and bed and breakfast establishments. This definition excludes multifamily residences, hotels, hospitals, and institutions of involuntary detention. [Ord. 597 § 3, 2006]
“Home occupation” means an occupation or profession which is customarily incident to or carried in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by a member of the family residing within the dwelling place. [Ord. 426 § 10.06.300, 1998]
“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. [Ord. 426 § 10.06.310, 1998]
“Hotel” means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. 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. 426 § 10.06.320, 1998]
“Inoperable vehicle” means a car, truck, bus or van that cannot be started and moved under its own power. A vehicle that is not currently licensed, including a recreational vehicle or trailer, that is designed for travel on the public roads, is also considered an inoperable vehicle. [Ord. 426 § 10.06.330, 1998]
“Junk storage” means the temporary or permanent storage outdoors of junk, waste, discarded, salvaged or used materials or inoperable vehicles or vehicle parts. This definition shall include but not be limited to the storage of used lumber, scrap, metal, tires, household garbage, furniture, and inoperable machinery, and as further defined in the current edition of the Uniform Fire Code. This definition shall not include outdoor storage of normal residential equipment and related activities such as garden tools lawn mowers, wood piles, grass clippings, and similar items. [Ord. 426 § 10.06.340, 1998]
“Junk yard” means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts or machinery or vehicles not in running condition. [Ord. 426 § 10.06.350, 1998]
“Kennel” means more than five dogs and/or two litters of unweaned pups constitutes a kennel. [Ord. 426 § 10.06.360, 1998]
“Land use” means the type of use activity occurring on a land parcel or within a building situated upon a land parcel. [Ord. 426 § 10.06.370, 1998]
“Land use permit” means the document issued to an applicant which records all land use decisions which are made by the town on a land use application. Construction permits are excluded. [Ord. 426 § 10.06.380, 1998]
A “lot” in the meaning of this title is 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, that 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 under single ownership or control and assigned to the particular use for which the building permit is being secured. [Ord. 426 § 10.06.390, 1998]
“Corner lot” means a lot at the junction of and fronting on two or more intersecting streets. A corner lot has two front and two side yards. [Ord. 426 § 10.06.400, 1998]
“Lot depth” means the mean dimension of the lot from the front street line to the rear line. [Ord. 426 § 10.06.410, 1998]
“Interior lot” means a lot fronting on one street. [Ord. 426 § 10.06.420, 1998]
“Lot width” means the dimension of the lot line at the street, or in an irregular 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. 426 § 10.06.430, 1998]
“Mailed notice” means notice mailed to all property owners, commercial lessees and all residents of the area within a specified distance of the boundaries of the site of a proposed action. [Ord. 426 § 10.06.440, 1998]
“Major auto repair” means vehicular repair involving welding or the removal, replacement or opening of the radiator, motor block, transmission or differential for other than fluid check or fill. [Ord. 426 § 10.06.450, 1998]
“Manufactured home” means a structure, transportable in one or more sections from its manufacturer, retailer or wholesaler to its destination. A manufactured home is designated primarily for residential occupancy by human beings and the term includes mobile home or modular home. [Ord. 426 § 10.06.460, 1998]
The “mean depth” of a lot is the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot. [Ord. 426 § 10.06.470, 1998]
“Mobile food van and espresso stand” means a vehicular type unit designed for the preparation and dispensing of food and drink products, which either has its own motive power or is mounted on or drawn by another vehicle. [Ord. 652 § 1, 2009]
“Mobile home” shall mean a factory constructed residential unit with its own independent sanitary facilities, that is intended for year-round occupancy and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure over the public highway under license or by special permit. [Ord. 426 § 10.06.480, 1998]
“Mobile home park” means an area of land occupied or designed for the occupancy of two or more mobile homes. [Ord. 426 § 10.06.490, 1998]
“Nonconforming structure” means a structure which was lawful when established which does not now conform to the development standards of the zone in which it is located. A structure shall be considered established if it conformed to applicable zoning regulations at any time, or when it is built under permit, a permit for the structure has been granted and has not expired, or the structure is substantially underway as evidenced by timely called inspections complying with the Uniform Building Code. [Ord. 426 § 10.06.500, 1998]
“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the zone in which it is located. A use shall be considered established if it conformed to applicable zoning regulations at any time, or when it has commenced under permit, a permit for the use has been granted and has not expired, or a structure to be occupied by the use is substantially underway as evidenced by timely called inspections complying with the Uniform Building Code. [Ord. 426 § 10.06.510, 1998]
“Parking space” means an off-street space used to temporarily park a motor vehicle and having access to a public street or alley. [Ord. 426 § 10.06.520, 1998]
“Permitted use” means any use authorized or permitted alone or in conjunction with another use in specific district and subject to the limitations of the regulations of such use district. [Ord. 426 § 10.06.530, 1998]
“Primary use” (or “principal use”) means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. [Ord. 426 § 10.06.540, 1998]
“Public hearing” means a duly advertised public meeting called by the town council, board, or commission of the town for the purpose of taking formal public comment, both in favor and opposition to a proposed action. [Ord. 426 § 10.06.550, 1998]
“Recreational vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle (RV):
(1) Camping Trailer. A canvas (or other type of material) folding vehicle of rigid construction, mounted on wheels and designed for travel and recreation.
(2) Motorized Home, Motor Home and/or Recreational Bus or Van. A recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses, and constructed as an integral part of a self-propelled vehicle.
(3) Pickup Coach. A vehicle designed to be mounted on or loaded into a truck chassis for use as a temporary dwelling for travel and recreation.
(4) Tent. Protective fabric erected to provide protection from the elements.
(5) Travel Trailer. A towable vehicle designed as a temporary dwelling for travel and recreation.
(6) Travel Trailer, Self-Contained. A trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer. [Ord. 629 § 1, 2008]
“Recreational vehicle park” means a parcel of land specifically developed for locating only recreational vehicles on sites on a short-term basis. [Ord. 629 § 1, 2008]
“Recreational vehicle site” means a plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, tent or other individual camping unit on a temporary basis. [Ord. 629 § 1, 2008]
“Rezone” means an amendment to the official zoning map to change the zone classification of an area. [Ord. 426 § 10.06.570, 1998]
“Service” or “storage yard” means an accessory yard used for the storage of equipment, vehicles or materials and/or outdoor fabrication or processing of materials or devices. [Ord. 426 § 10.06.580, 1998]
“Setback” means yard requirements. The distances that buildings or uses must be removed from their lot lines. [Ord. 426 § 10.06.590, 1998]
“Sign” means any visual presentation or representation whatsoever which is displayed outside in view of the general public so as to bring attention to the subject thereof. This definition specifically includes billboards, ground-mounted signs, free-standing signs, wall signs, roof signs, logo signs, and signs on marquees, awnings, canopies and furniture. Specifically excluded are house numbers; the flag, badge or insignia of any government or government agency and any authorized traffic control sign. Each display surface of the sign shall be considered to be a sign. [Ord. 426 § 10.06.600, 1998]
“Sign area” or “surface area” means the area, on the largest single face of a sign, within a perimeter which forms the outside shape of a sign. If the sign consists of more than one module, the total area of all modules will constitute the sign area. The area of a sign having no such perimeter or border shall be computed by enclosing the entire copy area within the outline of either a parallelogram, triangle, circle or any other easily recognized geometric shape and then computing the area. Where a sign is of a three-dimensional, round or irregular shape, the largest cross section shall be used in flat projection for the purpose of computing sign area. [Ord. 426 § 10.06.610, 1998]
“Electronic message center sign” means a sign, display or device, or portion thereof, whose message may be changed by electronic process or remote control and includes electronic time and temperature displays and the device known in the advertising industry as a commercial electronic variable message sign. [Ord. 426 § 10.06.620, 1998]
“Free-standing sign” means a sign erected and maintained on a free-standing frame, mast or pole and not attached to any building but does not include ground-mounted signs. [Ord. 426 § 10.06.630, 1998]
“Ground-mounted sign” means a sign which extends from the ground or which has a support which places the bottom thereof less than three feet from the ground and which does not exceed an overall height of six feet. [Ord. 426 § 10.06.640, 1998]
“Logo sign” means a sign consisting of a trademark or symbol. [Ord. 426 § 10.06.650, 1998]
“Message sign” means anything displayed on an electronic message center sign, including copy and graphics. A “traveling message” is any message which appears to move across an electronic message center sign. [Ord. 426 § 10.06.660, 1998]
“Off-premises sign” means a sign which advertises goods, products or services which are not sold, manufactured, or distributed on or from the premises or facilities on which the sign is located. [Ord. 426 § 10.06.670, 1998]
“Public service information sign” means any sign or message on an electronic message center sign which provides the time, date, temperature, weather or information concerning civic, charitable or other noncommercial activities. [Ord. 426 § 10.06.680, 1998]
“Segmented message sign” means any message or distinct sub-unit of a message presented by means of at least one display change on an electronic message center sign. [Ord. 426 § 10.06.690, 1998]
“Solid planting” means a planting of evergreen trees and shrubs which will prevent a through and unobscured penetration of sight or light. [Ord. 426 § 10.06.700, 1998]
“Story” means the part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building. [Ord. 426 § 10.06.710, 1998]
“Street” means a public thoroughfare which affords the principal means of access to abutting properties. [Ord. 426 § 10.06.720, 1998]
“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 six feet or less in height, retaining walls less than three feet in height, rock walls and similar improvements of a minor character. [Ord. 426 § 10.06.730, 1998]
“Temporary use” means uses which may be permitted as a principal or accessory use when authorized by the council, fire chief, building official, planning director, or town engineer pursuant to specific standards. [Ord. 652 § 2, 2009]
“Tract” means a lot, usually several acres in area. [Ord. 426 § 10.06.740, 1998]
“Variance” means relief from certain provisions of this title as authorized by the town council after determining that the criteria established for the granting of variances have been satisfied. [Ord. 426 § 10.06.750, 1998]
“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. Eaves and masonry chimneys may protrude a maximum of 36 inches into a required yard. [Ord. 426 § 10.06.760, 1998]
“Front yard” means an open unoccupied space extending from the principal street line to the nearest wall of a building on the lot and including the full width of the lot to its side lot lines. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.770, 1998]
“Rear yard” means an open unoccupied space extending from the rear lot line to the nearest wall of the main building on the lot and including the full width of the lot to its side lines. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.780, 1998]
“Side yard” means an open unoccupied space extending from the front yard to the rear yard and from the nearest wall of the main building to the side lot line. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.790, 1998]
Except where specifically defined herein, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision: the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” [Ord. 426 § 10.06.010, 1998]
“Accessory building” means a subordinate building, the use of which is incidental to the use of the main building on the same lot. [Ord. 426 § 10.06.020, 1998]
“Accessory dwelling unit (ADU)” means an additional dwelling unit attached or detached from the primary dwelling unit located on a lot. ADUs include living, sleeping, kitchen and bathroom facilities and have a separate entry from the primary dwelling. [Ord. 887 § 2 (Exh. 1), 2025; Ord. 639 § 1, 2009]
“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. 426 § 10.06.030, 1998]
“Adult or family day-care facilities” includes permanent or temporary lodging and care facilities for the elderly and physically and mentally disabled, as defined by the State Department of Social and Health Services (DSHS). [Ord. 597 § 1, 2006]
“Alley” means a public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation. [Ord. 426 § 10.06.040, 1998]
“Alterations” means a change or rearrangement of the structural parts or exit 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. 426 § 10.06.050, 1998]
“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. [Ord. 426 § 10.06.060, 1998]
“Site area” means the total horizontal area within the property lines excluding external streets. [Ord. 426 § 10.06.070, 1998]
“Boarding house” means a dwelling in which not more than four roomers and/or boarders are housed or fed. [Ord. 426 § 10.06.080, 1998]
A “building” is a structure as herein defined. When separated by division walls without openings each portion so separated shall be considered a separate building. [Ord. 426 § 10.06.090, 1998]
“Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. [Ord. 426 § 10.06.100, 1998]
“Building line” means a corner of part of a building nearest the property line. [Ord. 426 § 10.06.110, 1998]
See “Area, site,” CMC 19.06.070. [Ord. 426 § 10.06.120, 1998]
“Child day-care centers” provide temporary care of children as defined by the State Department of Social and Health Services, preschool or nursery school. [Ord. 597 § 2, 2006]
“Conditional use” means uses which may be permitted as principal or accessory uses when authorized by the council pursuant to specified standards. [Ord. 426 § 10.06.130, 1998]
The term “council” or “town council” shall mean the town council of the town of Concrete. [Ord. 426 § 10.06.140, 1998]
“Court” means an unoccupied open space bounded on three or more sides by buildings or lot lines on which walls are permitted. [Ord. 426 § 10.06.150, 1998]
“Coverage” means the area of a lot which is covered by a roofed structure. [Ord. 426 § 10.06.160, 1998]
“Density” means the permitted ratio of residential units to land area and/or the permitted ratio of building size to land area. [Ord. 426 § 10.06.170, 1998]
“Detached building” means a building surrounded on all sides by open space. [Ord. 426 § 10.06.180, 1998]
“Developed land area” means those parts of a land parcel that have been extensively improved for an existing land use including building coverage, parking and loading areas, service yards and landscaped areas. [Ord. 426 § 10.06.190, 1998]
“Development” means that which is to be done pursuant to a land use permit, building permit, special use permit, conditional use permit, temporary use permit, shoreline substantial development permit, or sign permit. [Ord. 661 § 1, 2010]
“Discontinue” means to cease to operate, use, or take; to end. [Ord. 426 § 10.06.200, 1998]
“Single-family dwelling” means a detached building containing but one kitchen, designed for and occupied exclusively by one family. [Ord. 426 § 10.06.210, 1998]
“Two-family dwelling” means a building containing two kitchens and designed to be occupied by two families living independently of each other. [Ord. 426 § 10.06.220, 1998]
“Multifamily dwelling” means a building designed to house three or more families living independently of each other. [Ord. 426 § 10.06.230, 1998]
“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family. [Ord. 426 § 10.06.240, 1998]
“Family” means one person or two or more related or unrelated persons living together as a single, nonprofit housekeeping unit. [Ord. 426 § 10.06.250, 1998]
“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 center line 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, 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. See also CMC 19.54.010(6). [Ord. 426 § 10.06.260, 1998]
“Private garage” means a sheltered or enclosed space designed and used for the storage of the motor vehicles or boats of the residents of the premises. [Ord. 426 § 10.06.270, 1998]
“Public 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. 426 § 10.06.280, 1998]
“Gas station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants and auto accessories and which may or may not include washing, lubricating, motor tuning and other minor servicing but not painting operation, body work or major auto repair. [Ord. 426 § 10.06.290, 1998]
“Group home” means a building providing lodging to three or more persons unrelated to the principal residing family including, among other things, boarding houses and bed and breakfast establishments. This definition excludes multifamily residences, hotels, hospitals, and institutions of involuntary detention. [Ord. 597 § 3, 2006]
“Home occupation” means an occupation or profession which is customarily incident to or carried in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by a member of the family residing within the dwelling place. [Ord. 426 § 10.06.300, 1998]
“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. [Ord. 426 § 10.06.310, 1998]
“Hotel” means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. 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. 426 § 10.06.320, 1998]
“Inoperable vehicle” means a car, truck, bus or van that cannot be started and moved under its own power. A vehicle that is not currently licensed, including a recreational vehicle or trailer, that is designed for travel on the public roads, is also considered an inoperable vehicle. [Ord. 426 § 10.06.330, 1998]
“Junk storage” means the temporary or permanent storage outdoors of junk, waste, discarded, salvaged or used materials or inoperable vehicles or vehicle parts. This definition shall include but not be limited to the storage of used lumber, scrap, metal, tires, household garbage, furniture, and inoperable machinery, and as further defined in the current edition of the Uniform Fire Code. This definition shall not include outdoor storage of normal residential equipment and related activities such as garden tools lawn mowers, wood piles, grass clippings, and similar items. [Ord. 426 § 10.06.340, 1998]
“Junk yard” means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts or machinery or vehicles not in running condition. [Ord. 426 § 10.06.350, 1998]
“Kennel” means more than five dogs and/or two litters of unweaned pups constitutes a kennel. [Ord. 426 § 10.06.360, 1998]
“Land use” means the type of use activity occurring on a land parcel or within a building situated upon a land parcel. [Ord. 426 § 10.06.370, 1998]
“Land use permit” means the document issued to an applicant which records all land use decisions which are made by the town on a land use application. Construction permits are excluded. [Ord. 426 § 10.06.380, 1998]
A “lot” in the meaning of this title is 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, that 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 under single ownership or control and assigned to the particular use for which the building permit is being secured. [Ord. 426 § 10.06.390, 1998]
“Corner lot” means a lot at the junction of and fronting on two or more intersecting streets. A corner lot has two front and two side yards. [Ord. 426 § 10.06.400, 1998]
“Lot depth” means the mean dimension of the lot from the front street line to the rear line. [Ord. 426 § 10.06.410, 1998]
“Interior lot” means a lot fronting on one street. [Ord. 426 § 10.06.420, 1998]
“Lot width” means the dimension of the lot line at the street, or in an irregular 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. 426 § 10.06.430, 1998]
“Mailed notice” means notice mailed to all property owners, commercial lessees and all residents of the area within a specified distance of the boundaries of the site of a proposed action. [Ord. 426 § 10.06.440, 1998]
“Major auto repair” means vehicular repair involving welding or the removal, replacement or opening of the radiator, motor block, transmission or differential for other than fluid check or fill. [Ord. 426 § 10.06.450, 1998]
“Manufactured home” means a structure, transportable in one or more sections from its manufacturer, retailer or wholesaler to its destination. A manufactured home is designated primarily for residential occupancy by human beings and the term includes mobile home or modular home. [Ord. 426 § 10.06.460, 1998]
The “mean depth” of a lot is the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot. [Ord. 426 § 10.06.470, 1998]
“Mobile food van and espresso stand” means a vehicular type unit designed for the preparation and dispensing of food and drink products, which either has its own motive power or is mounted on or drawn by another vehicle. [Ord. 652 § 1, 2009]
“Mobile home” shall mean a factory constructed residential unit with its own independent sanitary facilities, that is intended for year-round occupancy and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure over the public highway under license or by special permit. [Ord. 426 § 10.06.480, 1998]
“Mobile home park” means an area of land occupied or designed for the occupancy of two or more mobile homes. [Ord. 426 § 10.06.490, 1998]
“Nonconforming structure” means a structure which was lawful when established which does not now conform to the development standards of the zone in which it is located. A structure shall be considered established if it conformed to applicable zoning regulations at any time, or when it is built under permit, a permit for the structure has been granted and has not expired, or the structure is substantially underway as evidenced by timely called inspections complying with the Uniform Building Code. [Ord. 426 § 10.06.500, 1998]
“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the zone in which it is located. A use shall be considered established if it conformed to applicable zoning regulations at any time, or when it has commenced under permit, a permit for the use has been granted and has not expired, or a structure to be occupied by the use is substantially underway as evidenced by timely called inspections complying with the Uniform Building Code. [Ord. 426 § 10.06.510, 1998]
“Parking space” means an off-street space used to temporarily park a motor vehicle and having access to a public street or alley. [Ord. 426 § 10.06.520, 1998]
“Permitted use” means any use authorized or permitted alone or in conjunction with another use in specific district and subject to the limitations of the regulations of such use district. [Ord. 426 § 10.06.530, 1998]
“Primary use” (or “principal use”) means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. [Ord. 426 § 10.06.540, 1998]
“Public hearing” means a duly advertised public meeting called by the town council, board, or commission of the town for the purpose of taking formal public comment, both in favor and opposition to a proposed action. [Ord. 426 § 10.06.550, 1998]
“Recreational vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle (RV):
(1) Camping Trailer. A canvas (or other type of material) folding vehicle of rigid construction, mounted on wheels and designed for travel and recreation.
(2) Motorized Home, Motor Home and/or Recreational Bus or Van. A recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses, and constructed as an integral part of a self-propelled vehicle.
(3) Pickup Coach. A vehicle designed to be mounted on or loaded into a truck chassis for use as a temporary dwelling for travel and recreation.
(4) Tent. Protective fabric erected to provide protection from the elements.
(5) Travel Trailer. A towable vehicle designed as a temporary dwelling for travel and recreation.
(6) Travel Trailer, Self-Contained. A trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer. [Ord. 629 § 1, 2008]
“Recreational vehicle park” means a parcel of land specifically developed for locating only recreational vehicles on sites on a short-term basis. [Ord. 629 § 1, 2008]
“Recreational vehicle site” means a plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, tent or other individual camping unit on a temporary basis. [Ord. 629 § 1, 2008]
“Rezone” means an amendment to the official zoning map to change the zone classification of an area. [Ord. 426 § 10.06.570, 1998]
“Service” or “storage yard” means an accessory yard used for the storage of equipment, vehicles or materials and/or outdoor fabrication or processing of materials or devices. [Ord. 426 § 10.06.580, 1998]
“Setback” means yard requirements. The distances that buildings or uses must be removed from their lot lines. [Ord. 426 § 10.06.590, 1998]
“Sign” means any visual presentation or representation whatsoever which is displayed outside in view of the general public so as to bring attention to the subject thereof. This definition specifically includes billboards, ground-mounted signs, free-standing signs, wall signs, roof signs, logo signs, and signs on marquees, awnings, canopies and furniture. Specifically excluded are house numbers; the flag, badge or insignia of any government or government agency and any authorized traffic control sign. Each display surface of the sign shall be considered to be a sign. [Ord. 426 § 10.06.600, 1998]
“Sign area” or “surface area” means the area, on the largest single face of a sign, within a perimeter which forms the outside shape of a sign. If the sign consists of more than one module, the total area of all modules will constitute the sign area. The area of a sign having no such perimeter or border shall be computed by enclosing the entire copy area within the outline of either a parallelogram, triangle, circle or any other easily recognized geometric shape and then computing the area. Where a sign is of a three-dimensional, round or irregular shape, the largest cross section shall be used in flat projection for the purpose of computing sign area. [Ord. 426 § 10.06.610, 1998]
“Electronic message center sign” means a sign, display or device, or portion thereof, whose message may be changed by electronic process or remote control and includes electronic time and temperature displays and the device known in the advertising industry as a commercial electronic variable message sign. [Ord. 426 § 10.06.620, 1998]
“Free-standing sign” means a sign erected and maintained on a free-standing frame, mast or pole and not attached to any building but does not include ground-mounted signs. [Ord. 426 § 10.06.630, 1998]
“Ground-mounted sign” means a sign which extends from the ground or which has a support which places the bottom thereof less than three feet from the ground and which does not exceed an overall height of six feet. [Ord. 426 § 10.06.640, 1998]
“Logo sign” means a sign consisting of a trademark or symbol. [Ord. 426 § 10.06.650, 1998]
“Message sign” means anything displayed on an electronic message center sign, including copy and graphics. A “traveling message” is any message which appears to move across an electronic message center sign. [Ord. 426 § 10.06.660, 1998]
“Off-premises sign” means a sign which advertises goods, products or services which are not sold, manufactured, or distributed on or from the premises or facilities on which the sign is located. [Ord. 426 § 10.06.670, 1998]
“Public service information sign” means any sign or message on an electronic message center sign which provides the time, date, temperature, weather or information concerning civic, charitable or other noncommercial activities. [Ord. 426 § 10.06.680, 1998]
“Segmented message sign” means any message or distinct sub-unit of a message presented by means of at least one display change on an electronic message center sign. [Ord. 426 § 10.06.690, 1998]
“Solid planting” means a planting of evergreen trees and shrubs which will prevent a through and unobscured penetration of sight or light. [Ord. 426 § 10.06.700, 1998]
“Story” means the part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building. [Ord. 426 § 10.06.710, 1998]
“Street” means a public thoroughfare which affords the principal means of access to abutting properties. [Ord. 426 § 10.06.720, 1998]
“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 six feet or less in height, retaining walls less than three feet in height, rock walls and similar improvements of a minor character. [Ord. 426 § 10.06.730, 1998]
“Temporary use” means uses which may be permitted as a principal or accessory use when authorized by the council, fire chief, building official, planning director, or town engineer pursuant to specific standards. [Ord. 652 § 2, 2009]
“Tract” means a lot, usually several acres in area. [Ord. 426 § 10.06.740, 1998]
“Variance” means relief from certain provisions of this title as authorized by the town council after determining that the criteria established for the granting of variances have been satisfied. [Ord. 426 § 10.06.750, 1998]
“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. Eaves and masonry chimneys may protrude a maximum of 36 inches into a required yard. [Ord. 426 § 10.06.760, 1998]
“Front yard” means an open unoccupied space extending from the principal street line to the nearest wall of a building on the lot and including the full width of the lot to its side lot lines. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.770, 1998]
“Rear yard” means an open unoccupied space extending from the rear lot line to the nearest wall of the main building on the lot and including the full width of the lot to its side lines. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.780, 1998]
“Side yard” means an open unoccupied space extending from the front yard to the rear yard and from the nearest wall of the main building to the side lot line. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.790, 1998]