Whenever in this title the context so requires, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa; words used in the present tense shall include the future; and words used in the singular shall include the plural. As used in this title the word "shall" is mandatory and the word "may" is permissive.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

The provisions of this title shall be interpreted and applied in a manner consistent with the general plan.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

As used in this title unless the context otherwise indicates, the following words and phrases shall have the following meanings:

"Accessory dwelling unit" (or second residential unit) means an attached or detached residential dwelling unit that provides complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as an existing single-family or multifamily dwelling or where a single-family or multifamily dwelling will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in Section 179581.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

"Affordable housing" means dwelling units with a sales price or rent within the means of a low- or moderate-income household, as defined by state or federal legislation. As used in this zoning ordinance:

1.

Very low income refers to family units/household whose annual income is fifty percent or less of the area's median income, as defined in Section 50105 of the Health and Safety Code (Government Code Section 65915(b)(l)(B)).

2.

Low income refers to family units/households whose annual income is between fifty percent and eighty percent of the area's median income, as defined in Section 50079.5 of the Health and Safety Code (Government Code Section 65915(b)(l)(A)).

3.

Moderate income refers to family units/households whose annual income is between eighty percent and one hundred twenty percent of the area's median income, as defined in Section 50093 of the Health and Safety Code (Government Code Section 65915(b)(l)(D)).

"Affordable housing benefits" means one or more of the following:

1.

A density bonus pursuant to Section 17.39.100.

2.

An incentive pursuant to Section 17.39.160.

3.

A development standard waiver or modification pursuant to Section 17.39.190.

4.

A parking standard modification pursuant to Section 17.39.200.

"Affordable housing cost" means the definition set forth in Section 50052.5 of the Health and Safety Code (Government Code Section 65915(c)(l)).

"Affordable housing developer" means the applicant or permittee of a qualified housing development and its assignees or successors in interest.

"Affordable Rent" means the definition set forth in Section 50053 of the Health and Safety Code (Government Code Section 65915(c)(l)).

"Apartment" means any building or portion thereof which is designed and built for occupancy of four or more families. (See also "dwelling, multiple.")

"Block" means all property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead-end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts.

"Boardinghouse" means a dwelling or part thereof, where lodging and/or meals for three or more persons not transients is provided for compensation.

"Building" means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel and having a fixed location upon the ground.

"Building, accessory" means a subordinate building, including shelters of pools, the use of which is incidental to that of the main building on the same building site.

"Building, main" means a building in which is conducted the principal use of the lot and/or building site on which it is situated.

"Building site" means a lot or parcel of land, in single or joint ownership, occupied or to be occupied by a building or group of buildings, including all open spaces required by this title.

"Business" means the purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of offices, structures and premises; or the maintenance and use of recreational or amusement enterprises; or the maintenance and use of offices and facilities by professions and trades rendering service.

"Childcare facility" means a children's daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers (Government Code Section 65915(h)(4)).

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property. The word "condominium," as used in this title, also refers to townhouses, cooperative housing, and similar residential developments.

"Condominium conversion project" means a residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Section 65915.5(a) of the Government Code.

"Cooperative housing": See "condominium."

"Court" means an open, unoccupied space, unobstructed to the sky, other than a yard, on the same lot with a building or group of buildings and which is bounded on three or more sides by such building or buildings.

"Density bonus" means a density increase of at least twenty-five percent over the otherwise maximum allowable residential density under the zoning ordinance and the land use element of the general plan as of the date of filing of an application for development. The density bonus shall not be included when determining the number of housing units which is equal to ten percent or twenty percent of the total.

"Density bonus units" mean dwelling units granted pursuant to Section 17.39.040, which exceed the otherwise maximum allowable residential density.

"Development standard" means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio, that applies to a residential development pursuant to the Development Code, the general plan, or other city condition, law, policy, resolution, or regulation (Government Code Section 65915(0)(1)).

"Director" means the planning director of the city.

"District" means a designated area of the city in which the use of land and buildings, and the spacing, placement, height and bulk of buildings and structures are regulated by this title according to the zoning classification assigned to the area.

"Dwelling" means a building or portion thereof designed and used exclusively for residential occupancy, including one-family, two-family, three-family dwellings and apartments, and multiple-family dwellings, but not including hotels, motels or boardinghouses.

"Dwelling, single-family" means a building containing not more than one kitchen, designed for or used to house not more than one family.

"Dwelling, two-family" or "duplex" means a building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other.

"Dwelling, three-family" or "triplex" means a building containing not more than three kitchens, designed and/or used to house not more than three families, living independently of each other.

"Dwelling, multiple" means a building or portion thereof, used and designed as a residence for four or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels, and flats, but not including motels, hotels or boardinghouses.

"Dwelling group" means a group of two or more dwellings occupying a parcel of land in one ownership and having a yard or court in common, but not including automobile courts.

"Efficiency unit" means a dwelling unit containing only one habitable room and includes an efficiency unit as defined by Section 17958.1 of the California State Health and Safety Code. Subject to the definition specified in the International Building Code of the International Code Council, as incorporated by reference in Part 2 of Title 24 of the California Code of Regulations.

"Eligible housing development" means a development that satisfies all of the following criteria:

1.

The development is a multifamily housing development that contains five or more residential units, exclusive of any other floor area ratio bonus or incentive or concession awarded pursuant to this chapter.

2.

The development is located within one of the following:

a.

An urban infill site that is within a transit priority area.

b.

One-half mile of a major transit stop.

3.

The site of the development is zoned to allow residential use or mixed-use with a minimum planned density of at least twenty dwelling units per acre and does not include any land zoned for low-density residential use or for exclusive nonresidential use.

4.

The applicant and the development satisfy the replacement requirements specified in Section 65915(c) of the Government Code.

5.

The development includes at least twenty percent of the units, excluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter, with an affordable housing cost or affordable rent to, and occupied by, persons with a household income equal to or less than fifty percent of the area median income, as determined pursuant to Section 50093 of the Health and Safety Code, and subject to an affordability restriction for a minimum of fifty-five years.

6.

The development complies with the height requirements applicable to the underlying zone. A development shall not be eligible to use a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter to relieve the development from a maximum height limitation.

"Employee housing" includes, but is not limited to, housing for farmworkers. Employee housing for six or fewer workers 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 group quarters or twelve units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

"Equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

"Family" means one or more persons occupying a premises and living as a single housekeeping unit (as distinguished from a group of transients occupying such premises), including residents of a boardinghouse or group home for persons with common disabilities or handicaps. A family includes all necessary employees of such family.

"Fence" means any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials.

"Floor area ratio" means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this paragraph, "gross building area" means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls.

"Floor area ratio bonus" means an allowance for an eligible housing development to use a floor area ratio over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city or county.

"Garage" or "carport" means accessible and usable covered space for the storage of motor vehicles.

"Garage sale" means sale of secondhand consumer items on a private premises zoned for residential purposes, not requiring a business license, when held no more than four days at the same location during each calendar year.

"General plan" means the general plan general plan of the city, including all of its elements.

"Guest house" means detached living quarters of a permanent type of construction and without kitchens or cooking facilities, for the use of which no compensation in any form is received or paid.

"Guest room" means attached or detached living quarters of a permanent type of construction without kitchen or cooking facilities, for the use of which compensation in some form is received or paid.

"Height of building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator rooms, ventilating and air-conditioning equipment.

"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street.

"Home occupation" means an occupation conducted in a dwelling unit which is clearly incidental and secondary to the use of a dwelling for residential purposes, causing no change in the outside appearance of the building or premises, generating no need for parking in greater volume than would normally be expected in a residential neighborhood, and involving no activity, process or equipment causing noise, vibration, glare, fumes, odors or electrical interference, or any other significant disturbance of the peace and quiet of the neighborhood.

"Housing development" means a means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (Government Code Section 65915(i)).

"Incentive" means "incentives and concessions," as that phrase is used in Section 65915 of the Government Code.

"Junior accessory dwelling unit" means an attached accessory dwelling unit that is no more than five hundred square feet and is contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. For the purposes of life/safety regulations and providing utilities such as water, sewer, power, or other utilities, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

"Junkyard" means more than one hundred square feet of the area of any lot used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.

"Kitchen" means a room or area with permanent cooking facilities and accommodations for dishwashing.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Local agency" means a city, county, or city and county, whether general law or chartered.

"Located within one-half mile of a major transit stop" means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by Monterey-Salinas Transit or other local agency operating the major transit stop.

"Lot": See "building site." In a mobile home park, "lot" means a space alloted for occupancy by a mobile home.

"Lot coverage" means that percentage of the area of a lot that is covered by buildings or structures, including facilities for vehicle storage or vehicle access.

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

"Lot line" means a line separating the front from a street, the side from a street adjoining property, the rear or side from an alley or street or adjoining property.

"Lot line, front" means the shortest dimension of a lot fronting on a street, irrespective of the direction in which the main entrance faces.

"Lot line, rear" means the lot boundary opposite or approximately opposite the lot front; in the case of a triangular or gore-shaped lot, or other irregular lot, a line ten feet in length, within the lot parallel to and at the maximum distance from the front line of the lot.

"Lot line, side" means any lot boundary not a front or rear lot line.

"Lot, through" means a lot having frontage on two parallel or approximately parallel streets.

"Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth, at the required front setback line.

"Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following: the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; pets; the storage of possessions; or privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

"Low barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

"Lower-income households" means persons and families whose income does not exceed the qualifying limits for lower-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the secretary of housing and urban development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower-income households for all geographic areas of the state at eighty percent of an area's median income, adjusted for family size and revised annually.

"Lower-income households" includes very low-income households, as defined in Section 50105 of the Health and Safety Code, and extremely low-income households, as defined in Section 50106 of the Health and Safety Code. The addition of this subdivision does not constitute a change in, but is declaratory of, existing law. As used in this definition, "area median income" means the median family income of a geographic area of the state.

"Lower income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (l) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

"Market-rate unit" means a dwelling unit that is not an affordable unit.

"Maximum allowable residential density" means the density allowed under the Development Code and the land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific district density range applicable to the project. If the density allowed under the development code is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail (Government Code Section 65915(0)(2)).

"Minimum affordable housing component" means a housing development project that includes a minimum of any of the following:

1.

Very low-income minimum affordable housing component - Provides at least five percent of the total units for very low-income household residents (Government Code Section 65915(b)(l)(B)); or

2.

Low-income minimum affordable housing component - Provides at least ten percent of the total units for low-income households (Government Code Section 65915(b)(l)(A)); or

3.

Moderate-income minimum affordable housing component - Provides at least ten percent of the total dwelling units in a common interest development for moderate-income households (Government Code Section 65915(b)(l)(D)).

"Mobile home" means a vehicle or other structure fabricated off-site and transportable on permanently attached or detached wheels, or on a truck or other conveyance, intended for use as a dwelling unit, and containing a complete kitchen, sanitary facilities, and utilities for connection to on-site service connections. For purposes of Chapter 17.24 of this title only, "mobile home" includes modular dwellings intended for assembly on the site and not designed for subsequent or repeated relocation.

"Mobile home park" means a residential facility arranged or equipped for the accommodation of mobile homes, with spaces for such mobile homes available for rent, lease, or purchase, and providing utility services and other facilities, either separately or in common to mobile home spaces therein.

"Modular house": See "mobile home."

"Motel" or "hotel" means one or a group of two or more detached or semi-detached buildings containing guest rooms, with automobile parking space provided in connection therewith, which building or group of buildings is designed and used primarily for the accommodation of transient automobile travelers, provided that a maximum of twenty percent of the rooms, the guest room or rooms may contain mechanical equipment for the preparation or storage of food or beverages. These rooms are excluded from the fourteen-day transient occupancy limit and may be occupied continually for up to thirty consecutive days. A conditional use permit shall be required for the conversion of existing units or an increase of the twenty percent limit for rooms to be equipped with mechanical equipment for the preparation or storage of food or beverages.

"Multiple dwelling": See "dwelling, multiple."

"Nonconforming use" means a use that does not conform to the regulations for the district in which it is situated.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

"Office" means a business establishment for rendering of service or administration, but excluding retail sales.

"Other incentives of equivalent financial value" means the reduction or waiver of requirements which the city might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the city to provide cash transfer payments or other monetary compensation (Government Code Section 65915.5(c)).

"Parking space" means an accessible and usable space on the building site, or adjacent lot, at least nine feet by twenty feet, for the parking of one motor vehicle.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

"Person" includes any individual, city, county, or city and county, partnership, firm, corporation, cooperative, association, trust or any other legal entity, including the State of California and the federal government.

"Plan line" means a line established by the city council for a proposed street or right-of-way.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

"Qualified housing development" means a housing development that meets the requirements of Section 17.39.050 for density bonus.

"Qualified land" means land offered for donation in accordance with Section 17.39.140 that meets the criteria set forth in Section 17.39.140.

"Qualified nonprofit housing corporation" means a nonprofit housing corporation organized pursuant to Section 501(c)3 of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

"Rest home" means any premises licensed as a "long-term health care facility," as that term is defined in Section 1418 of the Welfare and Institutions Code of the State of California.

"Reasonable restriction" means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.

"Roominghouse": See "boardinghouse."

"Sanitarium" means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs.

"Second residential unit": See "accessory dwelling unit"

"Setback lines" means a line established by this title to govern the placement of buildings or structures with respect to lot lines, streets, or alleys.

"Senior citizen housing development" means a residential development that is developed, substantially rehabilitated, or substantially renovated for senior citizens and that has at least thirty-five senior citizen housing development units (Government Code Section 65915(b)(1)(C)).

"Senior citizen housing development unit" means a residential dwelling unit in a senior citizen housing development that is available to, and occupied by, a senior citizen, as defined in Section 51.3 of the Civil Code.

"Setback lines" means a line established by this title to govern the placement of buildings or structures with respect to lot lines, streets or alleys.

"Sign" means every sign, display board, poster, picture, wall graphic, graphic decorative display, map, banner, pennant, balloon, insignia, emblem or other device, with or without lettering, which is intended to advertise or attract the attention of the public, including but not limited to clocks, barber poles and similar devices.

"Sign, freestanding" means any sign erected on one or more poles or posts or similar uprights which is not a part of any building or structure, other than a structure supporting the sign.

"Sign, projecting" means any sign, other than a wall sign, which is suspended from or supported by a building or wall and which projects outward therefrom; also any sign suspended under a marquee, awning, porch, walkway covering, or similar covering structure adjacent to a building.

"Sign, roof" means any sign erected upon or over the roof or parapet of any building, including the roof of any porch, walkway covering, or similar covering structure, and supported by or connected to the roof or parapet.

"Sign, temporary" means a sign consisting of any material and intended to be displayed for a short period of time, in no event to exceed sixty days.

"Sign, wall" means any sign applied to or mounted on the wall or vertical surface of a building or structure, or to the vertical surface of a marquee, awning, porch, walkway covering, or similar covering structure adjacent to a building or structure, in an essentially flat position, with the face of the sign parallel to the place of the wall or vertical surface, including window signs.

"Sign, window" means any sign, other than a temporary sign, which is painted on, attached to, or placed or hung adjacent to, either the inside or the outside of a door or window; it does not apply to or include any display of merchandise, products or materials appurtenant to the business conducted on the premises which is not attached or placed adjacent to a window, or to any noncommercial display or exhibit designed to be seen through a window.

"Single-room occupancy (SRO) facility" means a structure with one-room residential rental units often with cooking facilities and that may have private or shared bathroom facilities.

"Specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for the housing development was deemed complete.

Inconsistency with the development code or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety (Government Code Section 65589.5(d)(2)).

"Street" means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this section.

"Street line" means the boundary between a street right-of-way and property.

"Structural alteration" means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including driveways, patios or parking spaces. "Structure" includes "building."

"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.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

"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.

"Total units" and "total dwelling units" means a calculation of the number of units that:

1.

Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

2.

Includes a unit designated to satisfy the inclusionary zoning requirement in the city (Government Code Section 65915(0)(6)).

"Townhouse": See "condominium."

"Trailer court": See "mobile home park."

"Transient," when used to defined living accommodations, describes such accommodations when customarily used or furnished for a period of forty-eight hours or less but in no event longer than fourteen days.

"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 less than six months from the beginning of the assistance.

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

"Use, accessory" means a use incidental or subordinate to, and devoted exclusively to the main use of a lot or a building located on the same lot.

"Use, nonconforming": See "nonconforming use."

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

"Yard" means the open space, other than a court, on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Chapters 17.08, 17.10, 17.28 and 17.36 of this title.

"Yard, front" means a yard extending across the front of the lot between the side lot lines and measured from the front line of the lot to the nearest permitted line of the building; provided however, that if any official plan line has been established for the street upon which the lot faces, the front yard measurements shall be taken from such official plan line to the nearest permitted line of the building.

"Yard, rear" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

"Yard, side" means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

(Ord. 526 § 2 (Exbt. A), 1993; Ord. 445 § 2 (Exbt. A) (part), 1986)

(Ord. No. 750, § 2, 1-11-2023)