A.

The word "lot" includes the word "plot" or "parcel."

B.

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

(Ord. 557 § 3 (part), 1985)

"Accessory buildings" means a detached building, membrane building, or containerized shipping van removed from its chassis and located on the property for more than one hundred eighty consecutive days, the use of which is appropriate, subordinate and customarily incidental to that of the main building or to the main use of land, and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when the accessory building and the main building are connected by a breezeway.

(Ord. 756 § 3 (part), 1995: Ord. 557 § 3 (part), 1985)

"Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot or parcel of land.

(Ord. 557 § 3 (part), 1985)

"Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon.

(Ord. 557 § 3 (part), 1985)

"Alteration" means any change, addition or modification in the construction, location or use classification.

(Ord. 557 § 3 (part), 1985)

"Apartment house" means any building, or portion thereof, used as residence for three or more families living in separate, complete housekeeping units.

(Ord. 557 § 3 (part), 1985)

"Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete or wrecked vehicles.

(Ord. 557 § 3 (part), 1985)

"Basement" means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined in this title.

(Ord. 557 § 3 (part), 1985)

"Blasting" means to loosen or move rock-earth by means of explosives or an explosion.

(Ord. 699 § 3 (part), 1993)

"Board of adjustment" shall constitute members of the city council.

(Ord. 557 § 3 (part), 1985)

"Boardinghouse" means a building other than a hotel where lodging, with meals, is provided for compensation for three or more persons, on a day-to-day basis.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985.

"Boathouse" means a covered structure located on or abutting tidelands whose purpose is for the storage of a boat and related accessory parts and equipment.

(Ord. 632 § 3 (part), 1989)

"Borrow pit" means an excavation from which material is taken for a nearby job.

(Ord. 699 § 3 (part), 1993)

"Buildable area" means the surface area within a single lot upon which a building may be constructed in compliance with applicable yard setback requirements.

(Ord. 621 § 3 (part), 1988)

"Building" means any structure built for the shelter or enclosure of persons, animals or property of any kind.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

"Building area" means the maximum horizontal projected area of building and its accessory building, excluding open steps and terraces, and excluding buttresses, cornices and other minor or ornamental features projecting from the walls of the building, if not supported by the ground.

(Ord. 557 § 3 (part), 1985)

"Building code" means the building code and/or other building regulations applicable in the city.

(Ord. 557 § 3 (part), 1985)

"Existing building" means a building erected prior to the adoption of the ordinance codified in this title or one for which a legal building permit has been issued.

(Ord. 557 § 3 (part), 1985)

"Centerline" means the line which is in the center of a public right-of-way.

(Ord. 557 § 3 (part), 1985)

"Commission" means the planning and zoning commission of the city.

(Ord. 557 § 3 (part), 1985)

"Coverage" means that percentage of the total lot area covered by the total building area.

(Ord. 557 § 3 (part), 1985)

"Depth of lot" means a mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lines.

(Ord. 557 § 3 (part), 1985)

"Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one-family, two-family and multiple-family dwellings, but not including any other building wherein human beings may be housed.

(Ord. 557 § 3 (part), 1985)

"Multiple-family dwelling" means any building containing three or more dwelling units.

(Ord. 557 § 3 (part), 1985)

"One-family dwelling" means a detached building used exclusively for residential purposes and having suitable accommodations for only one family, which may include, but not to exceed two lodgers or boarders.

(Ord. 557 § 3 (part), 1985)

A "Tiny House Dwelling" is a dwelling unit on a permanent foundation that is 400 square feet or less in building area. Tiny house dwellings (a) are considered One-Family Dwellings under this Code, and (b) shall comply with all adopted building, electrical, and plumbing codes except as otherwise stated in Appendix AQ Tiny Houses of the 2018 version of the International Residential Code (IRC) for One and Two-Family Dwellings.

(Ord. No. 2022-12, § 3A.II., 10-3-2022)

"Townhouse dwelling" means a building designed exclusively for occupancy by one family and containing one dwelling unit, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to a series of two or more, but not exceeding seven additional similar dwelling units, each of which is located on a separate lot, and each of which shares a common wall, located on a side lot line, with another similar dwelling unit.

(Ord. 557 § 3 (part), 1985)

"Twin house dwelling" means a building, located on a separate lot, designed exclusively for occupancy by one family and containing one dwelling unit, which is attached by a common wall located on a side lot line to a similar building on an adjacent lot containing one dwelling unit.

(Ord. 557 § 3 (part), 1985)

"Two-family dwelling" means any building containing only two dwelling units.

(Ord. 557 § 3 (part), 1985)

A "detached accessory dwelling" is an accessory building, as defined in section 19.04.020, that is used as a dwelling unit, as defined in section 19.04.250, subordinate to the principal use of the lot for a single-family dwelling, and governed by the standards of section 19.56.090C.

(Ord. No. 2022-12, § 3B.I., 10-3-2022)

"Dwelling unit" means one or more rooms and a single kitchen designed as a unit for occupancy by not more than one family for living or sleeping purposes.

(Ord. 557 § 3 (part), 1985)

"Electronic files or documents" means information pertaining to, or controlled by computers or computer products, programs and services.

(Ord. 907 § 3 (part), 2007)

"End lot" is a lot in a townhouse development which has a common wall located on only one of its two side lot lines.

(Ord. 557 § 3 (part), 1985)

"Essential service" means the erection, construction, alteration or maintenance by public utility companies or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems; and collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessory in connection therewith. This definition shall not be interpreted to include public buildings.

(Ord. 557 § 3 (part), 1985)

"Estate" means a sizable piece of rural land, usually with a single, large dwelling.

(Ord. 557 § 3 (part), 1985)

"Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit.

(Ord. 557 § 3 (part), 1985)

"Fence" means a vertical wall used to enclose all or a portion of a yard.

(Ord. 600 § 3 (part), 1987)

"Fence height" means the vertical distance between the ground immediately adjacent to the fence and the highest point of the fence. When the height of the ground is not similar on both sides of a fence, the average height of the different grades shall be measured as the lowest point of the fence.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

"Flag lot" means a lot which does not have proper frontage and where access is provided by a private road or road easement from an approved dedicated street, cul-de-sac, private road or road easement. Minimum roadway surface will be twenty feet with a thirty foot minimum road easement or access. Flag lots are to be considered an exception to the frontage requirement which must be approved as a variance when circumstances particular to the case make such a variance appropriate as provided for in Section 19.80.010 of this code.

(Ord. 772 § 3 (part), 1996: Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

"Frontage" means the length of property abutting on one side of a street or place, measured along the dividing line between the property and the street or place.

(Ord. 557 § 3 (part), 1985)

"Front building line" means the line of that part of the building area nearest the front lot line, or the limits to which the front exterior face of a wall of a proposed building may be built.

(Ord. 557 § 3 (part), 1985)

"Front yard" means an open space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building. The depth of the front yard shall be measured between the front line of the building and the street line. In the case of a corner lot, the minimum side yard on the street side of a corner lot shall be the same as the minimum front yard required for that zone.

(Ord. 557 § 3 (part), 1985)

"Grade" or "ground level" is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

(Ord. 557 § 3 (part), 1985)

"Height of building" means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

A.

The elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade.

B.

An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (A) of this section is more than ten feet above lowest grade.

(Ord. 557 § 3 (part), 1985)

"Home occupation" means a profession or use customarily conducted entirely within a dwelling or accessory building by the owners, which use is clearly incidental and secondary to the dwelling or accessory buildings and does not change the character or appearance of the dwelling or exhibit other visible evidence of the conduct of such home occupation.

A home occupation shall permit the employment of one person not a resident in the subject home and shall have not more than fifteen percent of the existing floor space of the structures on the property, not to exceed five hundred twenty-five square feet, used for the business or profession.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

"Hotel" means any building or group of buildings in which there are guest rooms used, designed or intended to be used for the purpose of offering to the general public food or lodging.

(Ord. 557 § 3 (part), 1985)

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

(Ord. 557 § 3 (part), 1985)

"Junkyard" means any space one hundred square feet or more used for the storage, keeping or abandonment of junk or waste material including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof.

(Ord. 557 § 3 (part), 1985)

"Loading space" means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

(Ord. 557 § 3 (part), 1985)

"Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street.

(Ord. 557 § 3 (part), 1985)

"Corner lot" means a lot situated at the junction of, and bordering on, two intersecting streets.

(Ord. 557 § 3 (part), 1985)

"Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

(Ord. 557 § 3 (part), 1985)

"Front lot line" means a line separating the lot from the street.

(Ord. 557 § 3 (part), 1985)

"Rear lot line" means a line that is opposite and most distant from the front lot line and, in case of irregular, triangular or gore-shaped lots, a line not less than ten feet in length, within a lot, parallel to and at the maximum distance from the front lot line.

(Ord. 557 § 3 (part), 1985)

"Side lot line" means any lot boundary line not a front lot line or a rear lot line.

(Ord. 557 § 3 (part), 1985)

"Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth.

(Ord. 557 § 3 (part), 1985)

"Major road" means state primary and secondary roads.

(Ord. 557 § 3 (part), 1985)

"Mobile home" means a manufactured coach, mobile home, trailer, house, car or other vehicle or structure designed, intended or capable of human dwelling or sleeping purposes, mounted upon wheels or supports which is capable of being moved by its owner or transported by another vehicle, and containing water supply, waste disposal and electrical conveniences.

(Ord. 557 § 3 (part), 1985)

"Mobile home park" means an area of land designed, maintained, intended or used for the purpose of supplying a location or accommodation for two or more mobile homes or travel trailers. Such use is defined to include all buildings used or intended for use as a part of the equipment thereof, whether or not a charge is made for the use of the park and its facilities. A mobile home park shall not be defined as including automobile or trailer lots on which unoccupied trailer coaches are parked for the purpose of inspection and sale.

(Ord. 557 § 3 (part), 1985)

"Motel" means a group of one or more detached or semidetached buildings containing two or more individual dwelling units and/or guest rooms designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges or tourist courts.

(Ord. 557 § 3 (part), 1985)

"Motor home" means a portable, temporary dwelling to be used for travel, recreation and vacations, constructed as an integral part of a self-propelled vehicle.

(Ord. 557 § 3 (part), 1985)

"Mylar" means a brand name for stable base polyester film.

(Ord. 907 § 3 (part), 2007)

"Net house" means a covered structure whose sole purpose is for the storage, repair and construction of fishing gear. Fishing gear being nets, pot gear, hooks, line, buoys and corks, poles, gurdies and other small accessory parts and supplies.

(Ord. 632 § 3 (part), 1989)

"Nonconforming lot" means a lot lawfully existing at the time the ordinance codified in this title becomes effective which, by reason of area or dimensions, does not meet the development requirements for the zone in which it is located.

(Ord. 557 § 3 (part), 1985)

"Nonconforming structure" means a structure or portion thereof, lawfully existing at the time the ordinance codified in this title becomes effective, which by reason of its yards, coverage, height or other aspects of design does not meet the development requirements of this title.

(Ord. 557 § 3 (part), 1985)

"Nonconforming use" means a use of a structure, or land or of a structure and land in combination, lawfully existing at the time the ordinance codified in this title became effective, or established on the premises of a previous nonconforming use, as specified in Chapter 19.68 of this title, which is not in conformity with the uses permitted in the zone in which it exists.

(Ord. 557 § 3 (part), 1985)

"Children's nursery" means any home or institution used and maintained to provide day care for children not more than seven years of age.

(Ord. 557 § 3 (part), 1985)

"Other uses similar to the above" means uses which, in the judgment of the board of adjustment, evidenced by its written decision, are similar to and not more objectionable to the general health and welfare than the uses listed for that particular district in which the prospective or questioned use would be located. When a use has been declared by such decision to be lawful as within the term "other uses similar to the above," such use shall be restricted to the district in question and shall not apply to any other district.

(Ord. 557 § 3 (part), 1985)

An Overlay Zone is a special zoning subdistrict, placed over an existing zoning district or districts, which establishes special provisions applicable to the land located in the subdistrict in addition to those established for the underlying district. The Overlay Zone may add new standards or uses, or delete or modify existing standards or uses governing the underlying district. An Overlay Zone may share common boundaries with one or more districts, may overlay only part of an underlying district, or may overlap, in part, different district boundaries.

(Ord. No. 2025-04, § 3, 5-5-2025)

"Parking District - 1" means an area as designated on the zoning map of the city, which reduces the requirement of providing off street parking spaces from one hundred percent to forty percent. "Parking District - 2, East or West" means an area as designated on the zoning map of the city, which reduces the requirement of providing off street parking spaces from one hundred percent to seventy percent.

(Ord. 589 § 1, 1986)

"Parking space" means an area of not less than eight feet wide by twenty feet long, exclusive of drives or aisles giving access thereto which is accessible from streets and alleys, for the storage of passenger motor vehicles.

(Ord. 557 § 3 (part), 1985)

"Personal use warehouse" means a warehouse maintained and used strictly for the personal storage or use by the owner/lessee of the property on which it is located.

(Ord. 632 § 3 (part), 1989)

"Pertinent law" means any local, state or federal requirement or regulation that relates to the matter at hand.

(Ord. 907 § 3 (part), 2007)

"Playground area" means an area specifically set aside for the use of the occupants, their children and guests. Said area shall not be included within any mobile home lot, space, plot or land area designated for use by any mobile home, transient camps, or any of its appurtenances.

(Ord. 557 § 3 (part), 1985)

"Principal use" means the major or predominant use of a lot or parcel of land.

(Ord. 557 § 3 (part), 1985)

"Private garage" means an accessory building used for the storage of privately owned motor vehicles, of which not more than one may be a commercial motor vehicle not to exceed one ton capacity.

(Ord. 557 § 3 (part), 1985)

"Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge.

(Ord. 557 § 3 (part), 1985)

"Property owner" means the owner shown on the latest tax-assessment roll.

(Ord. 557 § 3 (part), 1985)

"Public garage" means a building or portion thereof used for the storage or housing of three or more motor vehicles, other than a private garage, or where such vehicles are repaired or kept for hire or sale.

(Ord. 557 § 3 (part), 1985)

"Public parking lot" means any area, other than a street, alley or place, used for the temporary parking of motor vehicles and open to public use, whether for free or for compensation.

(Ord. 557 § 3 (part), 1985)

"Rear yard" means an open, unoccupied space on the same lot with a main building, which yard extends across the full width of the lot between the rear line of the main building and the rear line of the lot and that part of the building nearest to the rear lot.

(Ord. 557 § 3 (part), 1985)

"Rock quarry/borrow operations" means the operation of an open pit or excavation from which any quantity of rock or stone is obtained by blasting. This term shall also apply to borrow operations which remove in excess of two thousand cubic yards of rock, gravel or sand by cutting or excavation.

(Ord. 699 § 3 (part), 1993)

"Rooming house" means a building, where lodging, without meals, is provided for compensation, for three or more persons, on a day-to-day basis. The term includes lodging-house, tenant or visitor home or furnished rooming house, but does not include tourist court, boardinghouse, motel, trailer court, camp or similar structure.

(Ord. 600 § 3 (part), 1987: Ord. 557 § 3 (part), 1985)

"Service building" means any permanent structures used for laundry facilities or housing toilet/lavatory and/or any other facilities as may be permitted by this section.

(Ord. 557 § 3 (part), 1985)

"Service station" means any building, structure, premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries and other small accessories, and such other services which customarily or usually require the services of a qualified automotive mechanic.

(Ord. 557 § 3 (part), 1985)

"Setback" means the distance between the lot line and the front, rear and side building lines.

(Ord. 557 § 3 (part), 1985)

"Side yard" means an open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot, and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot. If no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.

(Ord. 557 § 3 (part), 1985)

"Sign" means words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks by which anything is made known, such as is used to designate an individual, a firm, an association, a corporation, a profession, a business or a commodity or product, and which is visible from any public street or highway and used to attract attention.

(Ord. 557 § 3 (part), 1985)

"Small vessel" means a boat or vessel with an overall length equal to or less than twenty-five feet.

(Ord. 632 § 3 (part), 1989)

"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 topmost floor and the ceiling or roof above it. If the finished floor directly above a basement or cellar is more than six feet above grade, measured from front entrance, then such basement or cellar shall be considered a story.

(Ord. 557 § 3 (part), 1985)

"Street" means a public thoroughfare more than twenty feet wide which provides the principal means of access to abutting property for persons, vehicles and utilities.

(Ord. 557 § 3 (part), 1985)

"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or the moving from one location or positions to another; or enlargement by extending one or more sides or increasing the height.

(Ord. 557 § 3 (part), 1985)

"Structure" means a composition of two or more components of building material joined together in some definite manner, or so fabricated or assembled, that each adds to the strength and rigidity of the others in the final assembly. For the purpose of construing this title, it shall include, but not by way of limitation, buildings.

(Ord. 557 § 3 (part), 1985)

"Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified travel trailer by the manufacturer of the trailer and when factory equipped for the road, it shall have body width to not exceed eight feet, and body length not to exceed thirty-two feet.

(Ord. 557 § 3 (part), 1985)

"Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.

(Ord. 557 § 3 (part), 1985)

"Variance" means a relaxation of the development requirements under the procedures specified in Chapter 19.80 of this title in cases where unusual physical features of the property involved would make strict application of the zoning regulations unreasonable. Variances shall not be defined as a means of permitting a use of land or structure which is not otherwise permitted in the zone; this can be accomplished only through amendment of the zoning ordinance changing zone boundaries, or to add to uses permitted within a zone classification either by adding conditional uses, which require planning commission approval in each case, or by adding to those uses which are permitted outright.

(Ord. 557 § 3 (part), 1985)

"Warehouse" means a covered structure used for the storage of groceries; durable household, personal and commercial goods; freight; fishing, construction, and/or manufacturing equipment and supplies; and minor repair and assembly of stored equipment.

(Ord. 632 § 3 (part), 1989)

"Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically proved by this title, on the same lot on which a building is situated.

(Ord. 557 § 3 (part), 1985)