This chapter defines the terms and phrases used in this title that are technical or specialized, or that otherwise may not reflect common usage. If any of these definitions conflict with other provisions of the municipal code, these definitions shall control for purposes of this title. Other words not defined in this chapter shall have the same meaning as provided in a standard dictionary.

Words used 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 "building" includes the word "structure," and the word "shall" is mandatory and not directory. The term "city council" means the city council of the city of Marysville, and the term "planning commission" means the planning commission of the city of Marysville. (Ord. 1365 § 2 (part), 2014).

"Accessory building" means a detached subordinate building, the use of which is incidental to that of the main building on the same lot, or to the use of the land. (Ord. 1365 § 2 (part), 2014).

"Accessory use" means a use of land or building incidental or subordinate to the principal use on the same lot. (Ord. 1365 § 2 (part), 2014).

"Agency" means an office or commercial establishment in which goods, material or equipment is received for servicing, treatment or processing elsewhere. (Ord. 1365 § 2 (part), 2014).

"Alley" means a public way or lane less than twenty-five feet in width which affords a secondary means of access to abutting property. (Ord. 1365 § 2 (part), 2014).

"Alteration" means any change, addition or modification in construction or occupancy. (Ord. 1365 § 2 (part), 2014).

"Amusement device" means and includes any device, machine, apparatus or other instrument operated electrically, mechanically or manually, for amusement purposes only (other than musical devices and viewing machines), for the use of which there is required to be deposited in such device a coin or token. (Ord. 1365 § 2 (part), 2014).

"Antique" means any object of fine art or household furniture or appliances which was produced more than one hundred years ago. (Ord. 1365 § 2 (part), 2014).

"Antique store" means a store or shop that sells substantially objects of art or household furniture or appliances which are over one hundred years old. (Ord. 1365 § 2 (part), 2014).

"Apartment house" means any building or portion thereof which is designed and built for occupancy by three or more families. (Ord. 1365 § 2 (part), 2014).

"Arcade-fun center" shall include, among other things, any business which has on its premises six or more amusement devices. (Ord. 1365 § 2 (part), 2014).

"Balcony" means an elevated platform enclosed by a parapet or a railing, projecting from an exterior wall of a building. (Ord. 1365 § 2 (part), 2014).

"Basement" means a space partly or wholly underground, and having more than one-half its height, measured from its floor to its finished ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, the basement shall be considered a story. (Ord. 1365 § 2 (part), 2014).

"Bed and breakfast inn" means a single-family residence or detached guest house to a single-family residence that provides guest rooms, without individual kitchens, for short term temporary sleeping accommodations for paying overnight guests. The business may also include meal service that is limited to overnight guests. (Ord. 1365 § 2 (part), 2014).

"Boardinghouse" means a single-family residence that provides rooms for a fixed amount of time for lodging or lodging and meals for compensation. This does not include bed and breakfast inn or a residential care facility. (Ord. 1365 § 2 (part), 2014).

"Bookstore" means a retail store open to the general public which sells books and related materials. This definition is not to be construed to include adult bookstores, defined in Section 18.66.020(c). (Ord. 1365 § 2 (part), 2014).

"Building" means any structure having a roof supported by columns and/or walls. (Ord. 1365 § 2 (part), 2014).

"Building coverage" means the land area covered by all main buildings on a lot, including all projections except eaves. (Ord. 1365 § 2 (part), 2014).

"Building height" means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, ridge, or parapet wall. (Ord. 1365 § 2 (part), 2014).

"Building site" means the land area of a lot which may be occupied by permitted main building or main buildings. (Ord. 1365 § 2 (part), 2014).

"Cargo container" means a portable steel container originally intended for the transportation of cargo by ship, truck or train. (Ord. 1365 § 2 (part), 2014).

"Central business district" is that area of the city located between the center of Ninth Street, the south levee of the city, the center of E Street and the center of A Street. (Ord. 1365 § 2 (part), 2014).

"City planner" means that person designated by the city as having primary responsibility for administering the Marysville zoning code. (Ord. 1365 § 2 (part), 2014).

"Club" means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. "Club" includes social organizations, lodges, and fraternal organizations that use an associated building for uses other than residential purposes. (Ord. 1365 § 2 (part), 2014).

"Collectible" means any object, art, furniture, appliance or other article of personal property which is not an antique, but which was produced more than thirty years ago and whose current market value is greater than when it was produced. Examples of items which may be considered collectibles include, but are not limited to, certain rugs, dolls, coins, gems, medals, stamps, baseball cards and jukeboxes. (Ord. 1365 § 2 (part), 2014).

"Collectible store" means a store or shop whose inventory is substantially comprised of "collectibles" as defined in this code. (Ord. 1365 § 2 (part), 2014).

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of real property, together with a separate interest in space in a residential, commercial or industrial building on the real property. (Ord. 1365 § 2 (part), 2014).

"Day care center" means a facility licensed by the California State Department of Social Services that provides day care to fifteen or more children for periods of less than twenty-four hours in a nonresidential building. Includes, but is not limited to, infant centers, preschools, sick-child centers and school age day care facilities.

"Day care home, large" means a residence licensed by the California State Department of Social Services where the occupant provides child day care for periods of less than twenty-four hours for nine to fourteen minor children, including children under the age of ten years who reside in the residence.

"Day care home, small" means a residence licensed by the California State Department of Social Services where the occupant provides child day care for periods of less than twenty-four hours for eight or fewer children, including children under the age of ten years who reside in the residence. (Ord. 1365 § 2 (part), 2014).

"Dancehall, ballroom, and night club" means a commercial establishment providing entertainment such as dancing, live or amplified music, comedy, etc. (Ord. 1365 § 2 (part), 2014).

"Drive-through facility" means a place where vehicles line up for service at designated spots and where customers are served without leaving their vehicles (except for gasoline service stations). (Ord. 1365 § 2 (part), 2014).

"Driveway" means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area and extending to a maximum width equal to the curb cut approved by the city services director. (Ord. 1365 § 2 (part), 2014).

"Dwelling" means a building designed for and intended to be occupied as living quarters by a family, or by families in individual dwelling units. (Ord. 1365 § 2 (part), 2014).

"Dwelling group" means two or more detached dwellings, other than commercial hotel or motel units located upon a building site, together with all open spaces as required by this title. (Ord. 1365 § 2 (part), 2014).

"One-family or single-family dwelling" means a building designed for and intended to be occupied as living quarters by one family. (Ord. 1365 § 2 (part), 2014).

"Two-family dwelling or duplex" means a building designed for and intended to be occupied as living quarters by two families, living independently of each other. (Ord. 1365 § 2 (part), 2014).

"Multiple-family dwelling" means a building designed and intended to be occupied as living quarters by three or more families living independently of each other. (Ord. 1365 § 2 (part), 2014).

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. (Ord. 1365 § 2 (part), 2014).

"Employee housing" for six or fewer workers, including but not limited to farmworkers, shall be deemed to be a single-family structure with a residential land use, and shall be treated the same as a single-family dwelling of the same type in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household on land where agricultural uses are allowed. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use. (Ord. 1372 § 1(A), 2015).

"Family" means an individual or group of individuals occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and where the adult residents share expenses. (Ord. 1365 § 2 (part), 2014).

"Commercial garage" means a building other than a private garage, used for the parking, repair or servicing of motor vehicles. (Ord. 1365 § 2 (part), 2014).

"Parking garage" means a public or private garage designed and/or used on a commercial basis for the storage only of vehicles. (Ord. 1365 § 2 (part), 2014).

"Private garage" means an accessory building or portion of a main building designed for the shelter or storage of vehicles, including covered parking space or carport. (Ord. 1365 § 2 (part), 2014).

"Guest house" means a residential accessory building to a single-family residence with living and sleeping quarters, but without kitchen facilities, for the use of family, nonpaying guests, or servants of the occupants of the residence and not rented or otherwise used as a separate residence. (Ord. 1365 § 2 (part), 2014).

"Halfplex" means two single-family residences, attached by a common wall, each being on a separate lot. (Ord. 1365 § 2 (part), 2014).

"Helicopter port" means land improved and intended to be used for the landing and taking off of helicopters or vertical flying aircraft. (Ord. 1365 § 2 (part), 2014).

"Home occupation" means any accessory use conducted within a dwelling, accessory building or private recreation area (such as a pool or tennis court or yard area), and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the residential zone of which it is a part. (Ord. 1365 § 2 (part), 2014).

"Hotel" means any building or portion thereof containing six or more guestrooms intended or designed to be hired out for compensation, and to be occupied by six or more guests. This definition includes hotels, lodginghouses and roominghouses, dormitories, Turkish baths, bachelor hotels, studio hotels, public and private clubs and any such building of any nature whatsoever so occupied, designed or intended to be so occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint. (Ord. 1365 § 2 (part), 2014).

"Junkyard" means any area of two hundred square feet or more used for the storage of junk or scrap materials, or for the wrecking or dismantling of automobiles or other vehicles or machinery. This definition includes "wrecking yards." (Ord. 1365 § 2 (part), 2014).

"Kennel" means any lot where five or more dogs aged ten weeks or older are kept, whether owned by the residents, boarded, trained or bred. It does not include pets for sale in pet shops and patients in a veterinary clinic, or pet grooming facility without boarding facilities. (Ord. 1365 § 2 (part), 2014).

"Kitchen" means a room or space within a building used or intended to be used for the cooking or preparation of food, which includes both a refrigerator and cooking facilities. It does not include outdoor cooking facilities. (Ord. 1365 § 2 (part), 2014).

"Lot" means a parcel of land under one ownership used or capable of being used under the regulations of this title, and including both the building site and all required yards and other open spaces and frontage as defined in this chapter. (Ord. 1365 § 2 (part), 2014).

"Lot line, front" means the lot line abutting a street. In the case of corner lots, only one street line shall be considered as a front lot line, as determined by the building official upon issuance of a building permit or the demarcation made on a final or parcel map. In the case of through lots both lines are considered front lines and there is no rear lot line.

"Lot line, interior side" means any lot line that is not a front, street side or rear lot line.

"Lot line, rear" means the line which is opposite and most distant from the front lot line. In the case of an irregular or triangular shaped lot, a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line.

"Lot line, street side" means on a corner lot the side facing a street that is not determined to be the front lot lines. (Ord. 1365 § 2 (part), 2014).

"Corner lot" means a lot located at the junction of two or more streets, or upon two parts of the same street and the parts of the street form an angle of less than one hundred thirty-five degrees.

"Flag lot" means a lot that has access to a public right-of-way only by a narrow driveway that is located between abutting lots.

"Interior lot" means a lot other than a corner lot.

"Through lot" means a lot having frontage upon two parallel or nearly parallel streets. (Ord. 1365 § 2 (part), 2014).

"Lot width" means the average distance between side lot lines. (Ord. 1365 § 2 (part), 2014).

"Medical arts district" is that area of the city bounded as follows:

Starting at the intersection of Second Street and Willow Street, then west on Second Street to the west levee of the City, then along that levee to 1050 feet north of Fifth Street, then east to J Street, then south to Sixth Street then east to Willow Street, then south to Second Street.

(Ord. 1378 § 1, 2015).

"Mini storage warehouse" means a building or buildings used for storage which is divided into subspaces intended to be rented individually. (Ord. 1365 § 2 (part), 2014).

"Manufactured home" means a residence that is either wholly or partially constructed or assembled off site in compliance with state law and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. This also includes references to "mobilehome" as used elsewhere in this title. As required by California Government Code Section 65852.3, certified mobilehomes (manufactured homes) for permanent occupancy are considered the same as single-family dwellings, and are allowed in all zones that allow single-family dwellings. Such mobilehomes must, however, comply with all other state and local requirements for permanent occupancy (e.g., permanent foundations, utility connections, and compliance with property development standards applicable to the land use designation). See Chapter 18.88, Placement of Mobilehomes. This does not otherwise include recreational vehicles, trailers, or motor homes. (Ord. 1372 § 1(B), 2015: Ord. 1365 § 2 (part), 2014).

"Manufactured home park" means any area or tract of land where two or more manufactured homes or manufactured home sites, or any combination thereof are rented or leased, or offered for rent or lease. (Ord. 1365 § 2 (part), 2014).

Mobilehome, including on permanent foundation. See Section 18.04.302, Manufactured home. (Ord. 1372 § 1(E), 2015).

"Motel" means a building or group of buildings designed for use by tourists or transients, with living or sleeping rooms, garages, parking spaces and related facilities advertised or offered on a commercial basis. (Ord. 1372 § 1(C), 2015; Ord. 1365 § 2 (part), 2014. Formerly 18.04.304).

"Movie theater" means any enclosed building with a capacity of fifty persons or more used for the showing of motion pictures to the general public. This definition is not to be construed to include adult movie theaters, defined in Section 18.66.020. (Ord. 1372 § 1(D), 2015; Ord. 1365 § 2 (part), 2014. Formerly 18.04.305).

"Newspaper and magazine stand" means a retail business selling newspapers and magazines to the general public either independently or as a part of another business. (Ord. 1365 § 2 (part), 2014).

"Nonconforming building or use" means a building or use which is lawfully existing at the time that provisions of this title create a situation in which the building or use is not in conformity with any of such provisions. (Ord. 1365 § 2 (part), 2014).

"Parking lot" means an area of land, a yard or other open space on a lot used for or designed for use by standing motor vehicles. (Ord. 1365 § 2 (part), 2014).

"Parking space" means land or space privately owned, covered or uncovered, laid out for, surfaced and used or designed to be used by a standing motor vehicle. (Ord. 1365 § 2 (part), 2014).

"Pawn shop" means an indoor retail establishment that accepts personal property as collateral for loans and offers the property for sale to the public. Pawn shops are differentiated from "secondhand stores," which do not make loans. (Ord. 1365 § 2 (part), 2014).

"Planning commission" means the planning and historic preservation commission as established and defined under Chapter 2.40. (Ord. 1365 § 2 (part), 2014).

"Porch" means an elevated, open sided, covered platform attached to the outside of a building at a door to a dwelling. (Ord. 1365 § 2 (part), 2014).

"Residence" means a building or portion thereof designed for occupancy by one family for living purposes, having only one kitchen.

(a)    "Residence, multiple-family" means a building containing three or more residences.

(b)    "Residence, single-family" means a building containing one residence.

(c)    "Residence, two-family" means a building containing two residences (duplex). (Ord. 1372 § 1(G), 2015: Ord. 1365 § 2 (part), 2014).

"Second unit" means an attached or detached residential unit which provides complete independent living facilities for one or more persons, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary unit is sited. See Chapter 18.90, Second Residential Units in Residential Zones. (Ord. 1372 § 1(F), 2015).

"Residential care home" means a residence licensed by the federal or state government that provides twenty-four-hour nonmedical care for unrelated persons who are handicapped and in need of personal services or supervision; assistance for sustaining activities of daily living, for the protection of the individual in a family like environment, halfway houses, social rehabilitation facility.

"Residential care home, large" means a residential care home for seven to twelve persons, not including members of the family or employees of the operator.

"Residential care home, small" means a residential care home for six or fewer people. (Ord. 1365 § 2 (part), 2014. Formerly 18.04.355).

*    Code reviser’s note: This section was originally numbered 18.04.355. Its number has been changed to 18.04.356 to accommodate the addition of Section 18.04.355 by Ord. 1372 and to maintain alphabetical order.

"Religious facility" means a building wherein persons regularly assemble for religious worship and which is controlled and maintained by a religious body organized to sustain public worship, together with all accessory uses associated with a religious facility such as schools, day care facilities, offices and residences and halls. (Ord. 1365 § 2 (part), 2014).

"Secondhand goods" means any goods, objects, clothes, furniture, art, appliances, or wares that have been previously purchased and/or used and which are not antiques by the definition of this chapter. (Ord. 1365 § 2 (part), 2014).

"Secondhand store" means a store or shop that sells any goods, objects, clothes, furniture, art, appliances or wares that have been previously purchased and/or used and which are not antiques by the definition of this chapter. (Ord. 1365 § 2 (part), 2014).

"Senior congregate care facility" means a facility providing residences for senior citizens sixty years of age or more or handicapped people of any age. Care may include central kitchen and dining, laundry, recreational activities, etc., with separate bedrooms or living quarters. Nursing is not provided on a twenty-four-hour basis. (Ord. 1365 § 2 (part), 2014).

"Service station" means a retail business establishment supplying motor fuel and/or oil. (Ord. 1428 § 1, 2020: Ord. 1365 § 2 (part), 2014).

"Skilled nursing/intermediate care facility" means a facility or part of a hospital which provides twenty-four-hour inpatient care which may include skilled nursing, physician and pharmaceutical services. (Ord. 1365 § 2 (part), 2014).

For the purposes of Chapter 18.63, "sidewalk" includes any public walkway, right-of-way, easement, or fee ownership used or available for pedestrian circulation and/or access. (Ord. 1365 § 2 (part), 2014).

"Sidewalk dining" is the use of a portion of a public sidewalk for outdoor consumption of food and beverages. This use is a special privilege, not a matter of right, subject to granting of a revocable permit and compliance with performance standards identified herein. Sidewalk dining may be permitted on any public right-of-way subject to review and approval by the city manager or his/her designee. (Ord. 1365 § 2 (part), 2014).

"Single-family dwelling" shall have the same meaning as "dwelling, one-family" as defined in Section 18.04.150. (Ord. 1365 § 2 (part), 2014).

"SRO" means a multi-unit housing project with units intended to be occupied by an individual person. Each unit typically consists of a single occupied room of three hundred fifty square feet or less plus individual or shared bathrooms. The facility may include a shared common kitchen and activity area. SROs may be restricted to seniors or be available to persons of all ages. (Ord. 1372 § 1(I), 2015).

"Commercial stable" means a stable for horses to be let, hired or used on a commercial basis. (Ord. 1365 § 2 (part), 2014).

"Private stable" means a stable for horses to be used by the owners thereof. (Ord. 1365 § 2 (part), 2014).

"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 a building included between the upper surface of the floor next above. If the finished floor level directly above a basement is more than six feet above grade at any point the basement shall be considered a story. (Ord. 1365 § 2 (part), 2014).

"Street" means a public or permanent private way twenty-five feet or more in width which affords a primary means of access to property. (Ord. 1365 § 2 (part), 2014).

"Structure" means anything constructed or erected upon the ground or attached to a structure having location on the ground. (Ord. 1365 § 2 (part), 2014).

"Structural alteration" means any change of the supporting members of a structure such as the foundation, bearing walls, columns, beams or girders, floor joists or roof rafters. (Ord. 1365 § 2 (part), 2014).

"Supportive housing" means housing with no limit on length of stay, that is occupied by a target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and, when possible, work in the community. (Ord. 1372 § 1(J), 2015).

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 1372 § 1(K), 2015).

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that mandate the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no longer than two years from the beginning of the assistance. (Ord. 1372 § 1(L), 2015: Ord. 1365 § 2 (part), 2014).

"Travel trailer" means a vehicle other than a motor vehicle which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur’s license or both, without violating any provisions of the Vehicle Code. (Ord. 1365 § 2 (part), 2014).

"Use" means the activity for which land or buildings are designed, occupied or maintained. (Ord. 1365 § 2 (part), 2014).

"Vocational school" means a trade school or special school in a particular field of study. (Ord. 1365 § 2 (part), 2014).

"Yards" means an area which is unoccupied and unobstructed by any structure from the ground upward except for encroachments permitted by the provisions of this title. Types of yards include the following. (Ord. 1365 § 2 (part), 2014).

"Front yard" means a yard extending across the full width of the lot measured between the street line (or the lot line connected to a street by legal access) and the nearest line of the main building or enclosed or covered porch. For purposes of determining yard setbacks only, the front yard of a corner lot is the yard adjacent to the shortest street frontage or may be the side of the lot as determined by the city planner. (Ord. 1365 § 2 (part), 2014).

"Rear yard" means a yard extending between the side yards of the lot and measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line of the lot. (Ord. 1365 § 2 (part), 2014).

"Interior side yard" means a yard extending along an interior-side lot line from the front lot line to the rear lot line and to a depth required by the zone district in which it is located. (Ord. 1365 § 2 (part), 2014).

"Street side yard" means a yard extending along a street side lot line from the front lot line to the rear lot line measured from the existing or future street-right-of-way line to a depth required by the zone district in which the lot is located. (Ord. 1365 § 2 (part), 2014).