Rugby City Zoning Code

The following words, terns; and phrases are defined and shall be interpreted in the same fashion throughout this title. The word "including" shall mean "including but not limited to." The word "shall" is mandatory. The word "may" is permissive. Words used in the present tense shall include the future. Words and numbers used singularly shall include the plural and the plural shall include the singular. The word "person" includes a corporation, members of a partnership, or other business organization, a committee, board, trustee, receiver, agent, or other representative. The words "use," "used," "occupy," 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. Words or terms not herein defined shall have their ordinary meaning in relation to the context.

(Ord. 304, Art. 4(part), 1990)

"Abut" means to physically touch or border upon; to share a common property line.

(Ord. 304, Art. 4(part), 1990)

"Access" means a way or means of approach to provide physical entrance to property.

(Ord. 304, Art. 4(part), 1990)

"Accessory buildings and uses" means a subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the main use on the premises. An accessory use is one which is incidental to the main use of the premises.

(Ord. 304, Art. 4(part), 1990)

"Adult bookstore" means an enclosed building having as a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

(Ord. 304, Art. 4(part), 1990)

"Adult cinema" means an enclosed building used on a regular basis for presenting pictorial materials or other visual images by way direct, or indirect projection, which materials are distinguished or characterized by an emphasis on the depiction of specified sexual activities or specified anatomical areas, for observation by patrons therein in return for the payment of a consideration, irrespective of the number of patrons who may be able to view the presentation at one time.

(Ord. 304, Art. 4(part), 1990)

"Adult entertainment center" means an adult bookstore or adult cinema, or both.

(Ord. 304, Art. 4(part), 1990)

"Alley" means a way which affords only a secondary means of access to abutting property.

(Ord. 304, Art. 4(part), 1990)

"Alteration" means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions; any change in doors, windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another.

(Ord. 304, Art. 4(part), 1990)

"Animal hospital or clinic" means a place where animals or pets are given medical treatment and the boarding of animals is limited to short term care incidental to the hospital or clinic use.

(Ord. 304, Art. 4(part), 1990)

"Annexation" means the incorporation of land area into the city with a resulting change in the boundaries of the city.

(Ord. 304, Art. 4(part), 1990)

"Apartment" means a room or suite of rooms in a multiple-family dwelling used or designed for occupancy by a single-family unit.

(Ord. 304, Art. 4(part), 1990)

"Basement" means a story having part, but not less than one-half, of its height below grade.

(Ord. 304, Art. 4(part), 1990)

See "lodging house."

(Ord. 304, Art. 4(part), 1990)

"Building" means a structure having a roof supported by columns or walls.

(Ord. 304, Art. 4(part), 1990)

"Accessory building" means a subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.

(Ord. 304, Art. 4(part), 1990)

"Height of building" means the vertical distance from the grade to the highest point of the coping of a flat roof or the deck lines of a mansard roof or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

(Ord. 304, Art. 4(part), 1990)

"Building official" means the person or persons designated by the governing body to administer this zoning title, whether such person or persons be entitled building official, building inspector, administrative official, administrative officer or enforcing officer.

(Ord. 304, Art. 4(part), 1990)

"Car wash" means an establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

(Ord. 304, Art. 4(part), 1990)

See "basement."

(Ord. 304, Art. 4(part), 1990)

"Child care center" means a child care facility where supplemental parental care is regularly provided to nineteen or more children which is subject to requirements as set forth in Section 50-11.1 of the North Dakota Century Code.

(Ord. 304, Art. 4(part), 1990)

"Child care facility (public or private)" means any facility where supplemental parental care is regularly provided, whether the facility is known as a day care home, day care center, day nursery, nursery school, kindergarten, child play school, progressive school, child development center, preschool, or known by any other name.

(Ord. 304, Art. 4(part), 1990)

"Clinic" means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists, or social workers and where patients are not usually lodged overnight.

(Ord. 304, Art. 4(part), 1990)

"Comprehensive plan" means the duly adopted comprehensive plan for the development of the community.

(Ord. 304, Art. 4(part), 1990)

"Conditional use" means a use which generally would not be suitable in a particular zoning district, which would be acceptable under certain circumstances. The permit shall be granted for a particular use and not for a particular person or firm.

(Ord. 304, Art. 4(part), 1990)

"Development" means any manmade change to improved or unimproved real estate.

(Ord. 304, Art. 4(part), 1990)

"Developmentally disabled person" means a person with a severe, chronic disability which:

(1)

Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2)

Is manifested before the person attains age twenty-two;

(3)

Is likely to continue indefinitely;

(4)

Results in substantial functional limitations in three or more of the following areas of major life activity:

(A)

Self-care;

(B)

Receptive and expressive language;

(C)

Learning;

(D)

Mobility;

(E)

Self-direction;

(F)

Capacity for independent living;

(G)

Economic sufficiency; and

(5)

Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are lifelong or extended duration and are individually planned and coordinated.

(Ord. 304, Art. 4(part), 1990)

"District" means a section or sections of the city and the extraterritorial area for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

(Ord. 304, Art. 4(part), 1990)

"Dormitory" means a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

(Ord. 304, Art. 4(part), 1990)

"Driveway" means a private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

(Ord. 304, Art. 4(part), 1990)

"Driving aisle" means in a parking lot that portion of a lot which allows ingress and egress of vehicles from a public or private right-of-way to the parking stall.

(Ord. 304, Art. 4(part), 1990)

"Dwelling" means any building or portion thereof which is designed and used exclusively for residential purposes.

(Ord. 304, Art. 4(part), 1990)

"Multiple-family dwelling" means a building having accommodations for and occupied exclusively by more than two families.

(Ord. 304, Art. 4(part), 1990)

"Single-family dwelling" means a building having accommodations for and occupied exclusively by one family.

(Ord. 304, Art. 4(part), 1990)

"Two-family dwelling" means a building having accommodations for and occupied exclusively by two families.

(Ord. 304, Art. 4(part), 1990)

"Dwelling unit" means one or more rooms in a dwelling designed for occupancy by only one family unit.

(Ord. 304, Art. 4(part), 1990)

"Family" means one or more persons related by blood, marriage, or adoption occupying a dwelling unit as members of a single housekeeping organization.

(Ord. 304, Art. 4(part), 1990)

"Family child care home" means an occupied private residence in which supplemental parental care is regularly provided for no more than seven children from more than one family or no more than four children ages two and under.

(Ord. 304, Art. 4(part), 1990)

"Farm" means a parcel of land used for agricultural purposes.

(Ord. 304, Art. 4(part), 1990)

"Farm residence" means a residential dwelling located on and directly associated with a farm.

(Ord. 304, Art. 4(part), 1990)

"Floor area" means the total number of square feet of floor space within the existing walls of a building, not including basements, carports, or garages.

(Ord. 304, Art. 4(part), 1990)

"Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the property line of the street. Where a street is dead ended, the frontage shall be considered as all that property abutting on one side between an intersecting street and the dead end of the street.

(Ord. 304, Art. 4(part), 1990)

"Private garage" means an accessory building designed or used for the storage of not more than four motor driven vehicles owned and used by the occupants of the building to which it is accessory.

(Ord. 304, Art. 4(part), 1990)

"Public garage" means a building, or portion thereof, other than private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor driven vehicles.

(Ord. 304, Art. 4(part), 1990)

"Storage garage" means a building, or portion thereof, designed or used exclusively for housing four or more motor-driven vehicles.

(Ord. 304, Art. 4(part), 1990)

"General agricultural or farm operations" means the current employment of land for the purposes of obtaining a profit in money by the raising, harvesting, and selling crops or by the feeding, breeding, management and sale of, or the produce of livestock, poultry, fur-bearing animals or honey bees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or combination thereof. Farm use includes the preparation and storage of the products raised on such land for man's use and animal use and disposal by marketing or otherwise. It includes the construction and use of dwellings and other buildings customarily provided in conjunction with the farm use.

(Ord. 304, Art. 4(part), 1990)

"Governing body" means the city council of the city of Rugby, North Dakota.

(Ord. 304, Art. 4(part), 1990)

"Group child care home (facility)" means a child care facility where supplemental parental care is regularly provided for eight to eighteen children, which is subject to requirements as set forth in Chapter 50-11.1 of the North Dakota Century Code.

(Ord. 304, Art. 4(part), 1990)

"Home occupation" means an occupation or activity carried on in the principal building which meets all the following conditions:

(1)

The occupation is carried on by a member or members of the immediate family residing on the premises;

(2)

The occupation is customarily incidental to the use of the premises as a dwelling place;

(3)

Not more than one nonilluminated nameplate is used. The nameplate shall be attached to the building and shall not exceed two square feet in area;

(4)

The occupation does not occupy more than twenty-five percent of the floor area of one floor of the principal building;

(5)

No display will indicate from the exterior of the building that the premises are being used in part for any purpose other than a dwelling;

(6)

There is no commodity displayed or stored on the premises except that which is prepared on the premises;

(7)

No mechanical equipment is used except of a type that is normally used for purely domestic or household purposes;

(8)

No alteration of the principal building changes the character thereof as a dwelling;

(9)

The following are declared to be customary home occupations as intended by this section:

(A)

Office for the emergency consultation and treatment but not the general practice of a physician, surgeon, dentist, lawyer, clergyman and other recognized professions;

(B)

Office for the general practice of a lawyer, clergyman, accountant, and other recognized professions;

(C)

Office for the emergency consultation and treatment but not for the general practice of a physician, surgeon, dentist, or other medical professions;

(D)

Office and equipment storage area for electricians, plumbers, carpenters, and other such occupations in which the work is performed off-site from the office;

(E)

Dressmaking, sewing, millinery and similar occupations; artist, sculptor and similar occupations;

(F)

The giving of voice, piano or other musical instrument lessons;

(10)

The determination as to whether or not a particular profession or occupation is similar to those enumerated herein and is permissible as a home occupation shall be made by the planning commission, after notification by the individual requesting such determination to all property owners located within three hundred feet of the property where the home occupation will be conducted. Evidence of such notification shall be presented to the planning commission prior to consideration of the request for determination of home occupation;

(11)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(Ord. 304, Art. 4(part), 1990)

"Hospital" means an establishment used primarily for in-patient care and provides health, medical, mental, and surgical care of the sick or injured.

(Ord. 304, Art. 4(part), 1990)

"Hotel or motel" means a building used as a transient abiding place for persons who are lodged for compensation.

(Ord. 304, Art. 4(part), 1990)

"Institution" means a building occupied by a nonprofit corporation or nonprofit establishment for public use.

(Ord. 304, Art. 4(part), 1990)

"Junk yard" means an area of more than two hundred square feet or any area not more than fifty feet from any street, used for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials or goods, used for dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

(Ord. 304, Art. 4(part), 1990)

"Kennel" means an establishment, in which more than two dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained, or sold.

(Ord. 304, Art. 4(part), 1990)

"Medical laboratory" means an establishment which provides bacteriological, biological, medical, x-ray, pathological and other similar analytical or diagnostic services.

(Ord. 304, Art. 4(part), 1990)

"Laundry (self-service)" means an establishment equipped with individual coin-operated washing, drying or dry cleaning machines.

(Ord. 304, Art. 4(part), 1990)

"Laundry" means an establishment where commercial laundry and dry cleaning work is undertaken.

(Ord. 304, Art. 4(part), 1990)

"Licensed group homes" means any community residential facility, foster home, family care facility, or other similar home for developmentally disabled persons.

(Ord. 304, Art. 4(part), 1990)

"Livestock" means domestic animals of types customarily raised or kept on farms for profit or other purposes.

(Ord. 304, Art. 4(part), 1990)

"Livestock feeding yard" means an enclosure or structure designed or used for the purposes of concentrated feeding or fattening of livestock for marketing or for dairying purposes.

(Ord. 304, Art. 4(part), 1990)

"Livestock sales yard" means an enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment, or other means.

(Ord. 304, Art. 4(part), 1990)

"Lodging house" means a building or place where lodging or lodging and boarding is provided (or equipped to provide lodging regularly) by prearrangement for definite periods, for compensation, fat three or more persons in contradistinction to hotels open to transients.

(Ord. 304, Art. 4(part), 1990)

"Lot area" means the total area within the lot lines.

(Ord. 304, Art. 4(part), 1990)

"Lot or parcel" means a piece, plot, or area of land, of contiguous assemblage us established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings, and/or accessory buildings thereto or for other use, together with such open spaces as may be required under these regulations and having its frontage on a street or officially approved place.

(Ord. 304, Art. 4(part), 1990)

"Corner lot" means a lot abutting upon two or more streets at their intersection. A corner lot has no rear yard, but only front or side yards.

(Ord. 304, Art. 4(part), 1990)

"Lot coverage" means the total area of building expressed as a percentage of the total lot.

(Ord. 304, Art. 4(part), 1990)

"Depth of lot" means the mean horizontal distance between the front and rear lot lines.

(Ord. 304, Art. 4(part), 1990)

"Double frontage lot" means lots which extend continuously between two parallel (or approximately parallel) streets bounding a block. A block containing double frontage lots is composed of one rather than two tiers of lots. A double frontage lot has no rear yard, but only front or side yards.

(Ord. 304, Art. 4(part), 1990)

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

(Ord. 304, Art. 4(part), 1990)

"Lot of record" means a lot. which is part of a subdivision, the plat of which has been recorded in the officer of the register of deeds of Pierce County, or a lot described by metes and bounds, the description of which has been recorded in the office of the register of deeds of Pierce County, prior to the adoption of these regulations.

(Ord. 304, Art. 4(part), 1990)

"Lot width" means the distance as measured by a straight line, between side lot lines at the point of intersection with the building line.

(Ord. 304, Art. 4(part), 1990)

"Manufacture" means any method of processing, developing, fabricating, assembling, either raw materials, semi-finished materials or parts into a semi-finished or finished product.

(Ord. 304, Art. 4(part), 1990)

See "clinic."

(Ord. 304, Art. 4(part), 1990)

"Mobile home or manufactured home" means a single-family or multifamily residential unit built on a permanent chassis which is designed to be transported and can support long term occupancy and requires only minor work after arrival on the site prior to occupancy, in contradistinction to a prefabricated living unit designed to become a structure. Manufactured homes are constructed according to a code administered by the U.S. Department of Housing and Urban Development (HUD Code). The HUD Code, unlike conventional building codes, requires manufactured homes to be constructed on a permanent chassis.

(Ord. 304, Art. 4(part), 1990; Ord. 430, 11-2-2020)

"Mobile home park' means a parcel of land used as a mobile home development with two or more mobile homes, with continuing local general management, and with special facilities for common use by the occupants, including such items as common recreational building and areas, common open space, laundries, and the like.

(Ord. 304, Art. 4(part), 1990)

These structures are built off site and moved onto a foundation. They are constructed to the same state, local or regional building codes as site-built homes.

(Ord. 430, 11-2-2020)

"Nonconforming uses of building" means use of a building or of land that does not conform to regulations as to use for the district in which it is situated.

(Ord. 304, Art. 4(part), 1990)

"Official zoning map" means the map or maps, which are a part of the zoning title, and delineate the boundaries of the zoning districts.

(Ord. 304, Art. 4(part), 1990)

"Parcel" means a lot or tract of land.

(Ord. 304, Art. 4(part), 1990)

"Park" means a tract of land, designated and used by the public for active and passive recreation.

(Ord. 304, Art. 4(part), 1990)

"Parking lot" means an off-street ground level area, usually surfaced and improved for the temporary storage of motor vehicles.

(Ord. 304, Art. 4(part), 1990)

"Parking space" means an area nine feet six inches by eighteen feet, or greater which is sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. Required off-street parking shall be provided in a manner that vehicles do not encroach on a public right-of-way.

(Ord. 304, Art. 4(part), 1990)

"Permitted use" means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

(Ord. 304, Art. 4(part), 1990)

"Planning commission" means the planning commission of Rugby, North Dakota.

(Ord. 304, Art. 4(part), 1990)

"Principal use" means the primary or predominant use of any lot.

(Ord. 304, Art. 4(part), 1990)

"Professional office" means any building or part thereof used by one or more persons engaged in the practice of law, medicine, accounting, architecture, engineering or other occupation customarily considered as a profession.

(Ord. 304, Art. 4(part), 1990)

"Prohibited use" means a use that is not permitted in a zoning district.

(Ord. 304, Art. 4(part), 1990)

"Public hearing" means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

(Ord. 304, Art. 4(part), 1990)

"Public utility" means any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under public regulations, to the public: electricity, gas, heat, power, steam, telephone, telegraph or water.

(Ord. 304, Art. 4(part), 1990)

"Quasi-institutional homes" means a profit or nonprofit boarding home, rest home, or other home for the sheltered care of juvenile or adult persons, which in addition to providing food and shelter to four more persons unrelated to the proprietor also provides personal care or service beyond food, shelter, and laundry.

(Ord. 304, Art. 4(part), 1990)

"Recreational vehicle" means a vehicular type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designated as temporary living accommodations for recreation, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

(Ord. 304, Art. 4(part), 1990)

"Recreational vehicle park" means a lot which is operated on a fee or other basis as a place for the parking of occupied recreational vehicles.

(Ord. 304, Art. 4(part), 1990)

"Restaurant" means a public eating establishment at which the primary function is the preparation and serving of food.

(Ord. 304, Art. 4(part), 1990)

"Drive-in restaurant" means an eating establishment, where for compensation, food is prepared and dispensed, having only incidental consumption within the principal building on the premises.

(Ord. 304, Art. 4(part), 1990)

See "lodging house."

(Ord. 304, Art. 4(part), 1990)

See "telecommunications dish."

(Ord. 304, Art. 4(part), 1990)

"School" means any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.

(Ord. 304, Art. 4(part), 1990)

"Service station" means an establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; such service shall not include tire recapping, body repairs or major overhaul.

(Ord. 304, Art. 4(part), 1990)

"Setback" means the distance between the lot line and building line.

(Ord. 304, Art. 4(part), 1990)

"Sign" means any surface, fabric, device, or display which bears lettered, pictorial, or sculptured matter, including forms shaped to resemble any human, animal, or product, designed to convey information visually and which is exposed to public view. For purposes of this title, the term "sign" shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to a single sign.

(Ord. 304, Art. 4(part), 1990)

"Awning sign" means a sign painted on, printed on, or attached flat against the surface of an awning.

(Ord. 304, Art. 4(part), 1990)

"Billboard sign" means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

(Ord. 304, Art. 4(part), 1990)

"Bulletin board sign" means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.

(Ord. 304, Art. 4(part), 1990)

"Electric awning sign" means a fireproof space frame structure with translucent flexible reinforced vinyl covering designed in awning form, but whose principal purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local electrical codes.

(Ord. 304, Art. 4(part), 1990)

"Sign face" means that area of a sign which:

(1)

In the case of freestanding, projecting, and marquee signs consists of the entire surface area of the sign on which copy could be placed. The supporting structure or bracing of a sign shall not be counted as a part of sign face area unless such structure or bracing is made a part of the sign's message. Where a sign has two display faces back to back, the area of only one face shall be considered the sign face area. Where a sign has more than one display face, all areas which can be viewed simultaneously shall be considered the sign face area.

(2)

In the case of a sign (other than freestanding, projecting, or marquee) whose message is fabricated together with the background which borders or frames the message, sign face area shall be the total area of the entire background.

(3)

In the case of a sign (other than freestanding, projecting, or marquee) whose message is applied to a background which provides no border or frame, sign face area shall be the area of the smallest rectangle which can encompass all words, letters, figures, emblems, and other elements of the sign message.

(Ord. 304, Art. 4(part), 1990)

"Freestanding sign" means a self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground.

(Ord. 304, Art. 4(part), 1990)

"Illuminated sign" means a sign lighted by or exposed to artificial lighting either by lights on or in the sign (directly illuminated) or directed towards the sign (indirectly illuminated).

(Ord. 304, Art. 4(part), 1990)

"Marquee sign" means any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

(Ord. 304, Art. 4(part), 1990)

"Nonconforming sign" means any sign which does not conform to the regulations or this title.

(Ord. 304, Art. 4(part), 1990)

"Portable sign" means a sign that is designed to be transported, attached temporarily or permanently to a building, structure, sign or the ground.

(Ord. 304, Art. 4(part), 1990)

"Projecting sign" means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve inches from such building.

(Ord. 304, Art. 4(part), 1990)

"Roof sign" means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eaves line of a building with a gambrel, gable, or hip roof or the deck line of a building with a mansard roof.

(Ord. 304, Art. 4(part), 1990)

"Temporary sign" means a sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time.

(Ord. 304, Art. 4(part), 1990)

"Wall sign" means a sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve inches from such building or structure.

(Ord. 304, Art. 4(part), 1990)

"Specified anatomical areas" means:

(1)

Less than completely and opaquely covered:

(A)

Human genitals, pubic region;

(B)

Buttocks;

(C)

Female breast below a point immediately above the top of the areola;

(2)

Human male genitals in a discernable turgid state, even if completely and opaquely covered.

(Ord. 304, Art. 4(part), 1990)

"Specified sexual activities" means:

A.

Human genitals in a state of sexual stimulation or arousal;

B.

Acts of human masturbation, sexual intercourse or sodomy;

C.

Fondling of human genitals, pubic region, buttocks or female breast.

(Ord. 304, Art. 4(part), 1990)

"Story" means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it.

(Ord. 304, Art. 4(part), 1990)

"Half story" means a space under a sloping roof which as the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than sixty percent of the floor area is or may be finished off for use.

(Ord. 304, Art. 4(part), 1990)

"Street" means any thoroughfare or public space which has been dedicated to, and accepted by, the public for public use and includes all the right-of-way side lines.

(Ord. 304, Art. 4(part), 1990)

"Arterial street" means a street which provides for through traffic movement between and around areas and across the city with direct access to abutting property; subject to necessary control of entrance, exits and curb uses.

(Ord. 304, Art. 4(part), 1990)

"Collector street" means a street which provides for traffic movement between arterial and local streets, with direct access to abutting property.

(Ord. 304, Art. 4(part), 1990)

"Line street" means a dividing line, such as the right-of-way line, between a lot, tract or parcel of land and contiguous street.

(Ord. 304, Art. 4(part), 1990)

"Local street" means a street which provides direct access to abutting land and for local traffic movement, whether in business, industrial or residential areas.

(Ord. 304, Art. 4(part), 1990)

"Street network" means a system of arterial, collector and local streets.

(Ord. 304, Art. 4(part), 1990)

"Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and arbors or breezeways, but excepting utility poles, fences, retaining walls, and ornamental light fixtures.

(Ord. 304, Art. 4(part), 1990)

"Structural alterations" means any change in the supporting members of building, such as bearing walls or partitions, columns, beams or girder, or any complete rebuilding of the roof or exterior walls.

(Ord. 304, Art. 4(part), 1990)

"Subdivision" means the process (and the result) of dividing a parcel of raw land into smaller buildable sites, blocks, streets, open space, and public areas, and the designation of the location of utilities and other improvements. The term "subdivision" includes resubdivision and the term "resubdivision" as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided, for sale, use, or other purposes, which varies from the latest, approved subdivision of the same.

(Ord. 304, Art. 4(part), 1990)

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

(1)

Before the improvement or repair is started;

(2)

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

(2)

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(Ord. 304, Art. 4(part), 1990)

"Supplemental parental care" means the care, supervision, education, or guidance of a child or children, unaccompanied by the child's parent, guardian, or custodian, which is, or is anticipated to be ongoing for periods of four or more hours per day for three or more days per week.

(Ord. 304, Art. 4(part), 1990)

"Tavern" means an establishment in which the primary function is the public sale and serving of alcohol.

(Ord. 304, Art. 4(part), 1990)

"Telecommunications dish" means a large dish antenna such as is used for receiving television signals.

(Ord. 304, Art. 4(part), 1990)

"Temporary use" means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

(Ord. 304, Art. 4(part), 1990)

"Tract" means a plot or parcel of land, other than a lot in a subdivision which is recorded in the office of the register of deeds of Pierce County.

(Ord. 304, Art. 4(part), 1990)

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

(Ord. 304, Art. 4(part), 1990)

"Variance" means the relaxation of the terms of the zoning regulations in relation to height, area, size and open spaces of specific lots where specific physical conditions, unique to the site, would create an unreasonable hardship in the development of the site for permitted uses.

(Ord. 304, Art. 4(part), 1990)

"Yard" means an open space on the same lot with a building, unoccupied and obstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

(Ord. 304, Art. 4(part), 1990)

"Front yard" means a yard extending across the front of a lot between the side lot lines and extending from the front lot line to the front of the main building or any projections thereof. The front yard shall be on the side of the lot which has been established as frontage by the house numbering system.

(Ord. 304, Art. 4(part), 1990)

"Rear yard" means a yard extending across the rear of the lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building including any projections. On interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

(Ord. 304, Art. 4(part), 1990)

"Side yard" means a yard extending from the front yard to the rear and being the space between the side lot line and the side of the main building including any projections.

(Ord. 304, Art. 4(part), 1990)

See "district."

(Ord. 304, Art. 4(part), 1990)