HomeMy WebLinkAbout12152020 Planning & Zoning Work Session Packet - Dwelling Definitions Planning and Zoning Work Session
Dwelling Definitions review
SINGLE.- FAMILY DWELLINGS
DETACHED S j;M3-b-RTACHED ATIACPI rCI
ILVO I Or 4
Ell JE�M I E 1 0 119 PI 0 B 13 13 13
jig
0 a 11 U I
00 am
A P APT ME:NTS
4 UN37S 60 UN37S 3 STRUCTURES WJTH YO U437S EACH
UO on go (10 DO [10
a�;�uL. 0
7
-3
00 00 mj,J� 00
C
December 15, 2020 at 6:00 p.m.
8.15.110- Definitions.
As used in this chapter the following terms are specifically defined as follows:
Addition. An enclosed structure of conventional construction, or a manufactured home unit, attached
and appurtenance to a mobile home.
Camper park. A privately owned and operated campground on any parcel, or adjacent parcels of
land in the same ownership, which is used by two or more camping units.
Camping unit. A tent or recreational vehicle.
Duplex mobile home. A mobile home designed for occupancy of two families and containing two
separate dwelling units.
Dwelling unit. One or more habitable rooms which are designed to be occupied by one family with
facilities for living, bathing, sleeping and cooking.
Manufactured housing/manufactured home. A dwelling unit designed for long-term residential use
which is:
(1) Mass-produced in a factory;
(2) Designed and constructed for transportation to a site for installation and use when connected
to required utilities;
(3) Either an independent, individual building or a module for combination with other elements to
form a building on the site.
The term "manufactured housing" is not intended to apply to use of prefabricated panels, trusses,
plumbing subsystems, or other prefabricated sub-elements incorporated in the course of construction
of buildings on the site, but only to major elements requiring minor and incidental on-site combination
or installation.
Mobile home. Manufactured housing built on a chassis and/or in accordance with Department of
Housing and Urban Development standards contained in Code of Federal Regulations Title 24, Chapter
20. A mobile home shall be construed to remain a mobile home, subject to all regulations applying
thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and
regardless of the nature of the foundation provided.
Mobile home park. Any parcel, or adjacent parcels of land in the same ownership, which is used for
occupancy by two or more mobile homes. The term does not include camper parks as defined in this
section.
Modular home/prefabricated home. Manufactured housing built in conformance with City, borough
and state construction code requirements. A modular or prefabricated home is not built in conformance
with Department of Housing and Urban Development standards for mobile homes (24 CFR Ch. 20) and is
not considered a mobile home for purposes of this code.
Municipal Campground. Campgrounds owned or operated by the City and designated as public
campgrounds by resolution of the City Council.
Permit. The license issued for and allowing the establishment and management of mobile home
parks or camper parks as defined in this section.
Recreational vehicle. A vehicle used or intended for short-term occupancy as a temporary dwelling
for travel, recreation, and vacation uses and which may be driven, towed or propelled from one location to
another without change in structure or design, whether or not the same is supported by wheels or
identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent
campers, trailer coaches, motor homes, truck campers, buses and similar vehicles.
Right-of-way.-Land set aside for the accommodation of traffic movements, whether dedicated or not.
Service building. A building housing toilet and/or washing facilities.
Space. A defined land area in a mobile home or camper park on which a mobile home or camping
unit, may be placed and which is described by boundary lines measured in terms of:
(1) Its depth expressed as a mean distance between the front and rear of the space, measured in
the general direction of the side space lines;
(2) Its width expressed as a mean distance between the side lines of the space, measured in the
general direction of the front and rear space lines.
Travel trailer. A vehicular portable structure which is not self-propelled, designed for short-term
occupancy as a temporary dwelling for travel, recreational and vacation uses.
Used/occupied. As applied to any land, buildings, mobile home, or camping unit, the words "used" or
"occupied" shall be construed to include the words "intended, arranged or designed to be used or
occupied."
(Ord. 522, § 2 (part), 1984; Ord. No. 2018-002, § 3)
15.10.140- Definitions.
(a) General interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "plot" or"parcel."
(5) The term "shall" is always mandatory.
(6) 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."
(b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless
otherwise provided or the context otherwise requires:
(1) Accessory building. A detached structure that:
a. Is clearly incidental to and customarily found in connection with a principal building or use;
b. Is subordinate to and serves a principal building or use;
c. Is subordinate in area, extent or purpose to the principal building or use served;
d. Contributes to the comfort, convenience or necessity of occupants, business or industry in
the principal building or use served; and
e. Is located on the same or adjacent lot under the same ownership as the principal building
or use served.
An accessory building shall be considered to be a part of the main building when joined by a
common wall or connected by a breezeway to the main building. Accessory building means any
structure regardless of type of foundation or base support, including skid-mounted or other
moveable structures.
(Accessory or mother-in-law apartment. See Dwelling, Efficiency apartment)
(2) Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or
animal and poultry husbandry including buildings used to shelter farm implements, hay, grain,
poultry, livestock or other farm produce in which there is no human habitation and which is not
used by the public.
(3) Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities
for refueling and repair, various accommodations for passengers, and business lease sites.
(4) Alley. A dedicated public way which affords a secondary means of access to abutting property
and not intended for general traffic circulation.
(5) Alteration. Any change, addition or modification in the construction, location or use of a
building.
(6) Amusement and recreation facility. Establishment engaged primarily in providing entertainment
for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball
machines, video games or other similar player-operated amusement devices.
(7) Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbital based structures. Includes satellite dish.
(Apartment. See Dwelling)
(8) Auto repair station. A place where a qualified automotive mechanic provides services such as
general motor vehicle and engine repair, reconditioning or rebuilding, and collision service
including body, frame and fender straightening and repair, painting and undercoating of motor
vehicles.
(9) Auto service station. A place used primarily for the retail dispensing of motor fuels and/or
installation of tires, batteries and other accessories and services which do not customarily or
usually require the services of a qualified automotive mechanic. Also known as a gas station.
( Bed and breakfast. See Lodging)
( Boarding or rooming. See Lodging)
(10) Brewpub. An establishment that is primarily an eating place which includes the brewing of
beer as an accessory use.
(11) Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind.
(12) Building area. A total area taken on a horizontal plane at the main grade level of the principal
building and all accessory buildings, exclusive of external steps.
(13) Building, existing. A building erected prior to the adoption of this Code or one for which a legal
building permit has been issued.
(14) Building height. 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, which must be between the
building and the property line or in a dedicated public right-of-way that is accessible to fire
suppression personnel and rescue equipment, shall be selected by either of the following,
whichever yields the greater height of the 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 a sidewalk or ground
surface is not more than ten feet above the lowest grade; or
b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface
described in subsection a., above is more than ten feet above the lowest grade. The height
of a stepped or terraced building is the maximum height of any segment of the building.
(15) Building, principal or main. A building in which is conducted the principal or main use of the lot
on which the building is situated. Attached garages, porches and carports shall be considered to
be part of the principal building.
( Bunkhouse. See Housing)
(16) Business, general sales. A premises where the sale of goods or commodities to the consumer
takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops;
fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores.
(17) Business, personal service. The conduct of business where personal assistance is offered for
compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
(18) Campground. A plot of ground upon which two or more campsites are located, established or
maintained for occupancy by camping units as temporary living quarters for recreational or
vacation purposes.
a. Campground, municipal. Campgrounds owned or operated by the City and designated as
public campgrounds by resolution of the City Council.
b. Campground, private camper parks. A privately owned and operated campground on any
parcel, or adjacent parcels of land in the same ownership, which is used by two or more
camping units.
c. Campground, employee. An area operated by an established business with high seasonal
employment of transient workers as a housing alternative and not construed to be a
construction camp.
(19) Camper park. A privately owned and operated campground on any parcel, or adjacent parcels
of land in the same ownership, which is used by two or more camping units.
(20) Camping unit. A tent or recreational vehicle.
(21) Child care, licensed home. In accordance with Alaska Statutes, a private residence where
adult care, protection and supervision is provided for children other than the occupant's. Also
called day care, nursery school, preschool and kindergarten.
(22) Church. A building, structure or group of buildings or structures primarily intended for
conducting organized religious services and associated accessory uses. The definition of a
church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula
Borough Assessor's Office interpretation. A standard single-family residence not remodeled for
public meetings shall not be considered a church.
(23) Clinic. A building or portion thereof containing offices and facilities for providing out-patient
medical, dental or psychiatric services, and which may include a dispensary to handle
medication and other merchandise prescribed by physicians in connection with their medical
practice.
(24) Club, private. A building and related facilities owned or operated by a corporation, association
or group of individuals established for the fraternal, social, educational, recreational or cultural
enrichment of its members, but not primarily for profit, and whose members meet certain
prescribed qualifications for membership and pay dues. Includes lodges.
(25) Cluster subdivision. A development design technique that permits a reduction in lot area
provided there is no increase in the number of lots permitted under a conventional subdivision
or increase in overall density of development by concentrating buildings in specific areas on a
site to allow the remaining land to be used for recreation, common open space and preservation
of environmentally sensitive areas.
( Commercial building apartment. See Dwelling)
(26) Commercial use. An occupation, employment or enterprise that is carried on for profit by the
owner, lessee or licensee.
( Condominium. See Dwelling)
( Convalescent or nursing home. See Housing)
(27) Convenience store. A small-scale neighborhood grocery establishment offering for sale
prepackaged food products, household items and other goods commonly associated with the
same and having a gross floor area of less than 5,000 square feet.
( Dormitory. See Housing)
(28) Drinking establishment. Any premises wherein the principal purpose is the retail sale of
alcoholic beverages for consumption on the premises and minors are excluded therefrom by
law. Includes bar, cocktail lounge, tavern and nightclub.
(29) Drive-in facility. Any portion of a building or structure which by design permits customers to
receive services, obtain goods or be entertained while remaining in their motor vehicles.
(30) Dwelling. A building designed or used exclusively as living quarters for one or more families.
a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out
to be occupied or which is occupied as the home or residence of an individual for daily
living and doing his own cooking independently of any other individual or family in the
same building.
b. Apartment, commercial building. An apartment located within a building designed to
accommodate a mix of residential and commercial uses.
c. Apartment, efficiency (also called accessory apartment ). A single separate dwelling unit
consisting of not more than one habitable room which includes combined kitchen, dining
and sleeping areas with accompanying sanitary facilities, and which is located within or
shares a common wall with a single-family dwelling.
d. Apartment, owner or manager. An apartment within a building that is designed to be used
exclusively as the living quarters for the owner or manager family of that building or a
commercial business located in the building.
e. Apartment, studio. A small apartment less than 500 square feet with a fully functional
kitchen and bathroom.
f. Condominium. A form of housing ownership by which a person may purchase and own one
dwelling unit in a multiunit building or development. Each owner owns a common interest in
such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry
rooms and recreation rooms.
g. Guest house. An accessory building occupied on a temporary basis solely by nonpaying
guests.
h. Mobile home. A factory-built home designed to be used as a year-round residential
dwelling and originally designed and mounted on wheels and/or axle supports for
transportation by another vehicle.
i. Modular home. A factory-built residential structure that is transportable in one or more
sections, is built on a permanent chassis, and is used as a place of human habitation, but
which is not constructed with a permanent hitch or other device allowing transport of the
unit other than for the purpose of delivery to a permanent site, and which does not have
wheels or axles permanently attached to its body or frame. Includes factory-built and
manufactured home.
j. Multiple-family. A building designed as a residence for three or more families, with the
number of families in residence not exceeding the number of dwelling units provided and
each living independently of the other under one roof.
k. Single-family, attached. A building containing two or more dwelling units, each of which has
primary ground floor access to the outside and which are attached to each other by party
walls without openings. Also commonly called townhouse, row house and zero-lot line.
I. Single-family, detached. A building designed and/or used exclusively for occupancy of one
family and entirely surrounded by open space on the same lot.
M. Two-family or duplex. A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from ground to roof or
unpierced ceiling and floor extending from exterior wall to exterior wall, except for a
common stairwell exterior to both dwelling units.
n. Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping
accommodations and at least one bathroom and designed to be occupied exclusively as a
residence by one family.
o. Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or
industrial building or structure for the purpose of housing a watchman or caretaker and
immediate family.
(31) Family. Any number of individuals not necessarily related by blood, marriage, adoption or
guardianship living together in a dwelling unit as a single housekeeping unit and distinguished
from a group occupying a rooming house, club, fraternity house or hotel.
(32) Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal
commonly kept as livestock.
(33) Flea market. An occasional or periodic sales activity held within a building or open area where
groups of individual sellers offer goods, new and used, for sale to the public, not to include
private garage sales.
(34) Floor area, useable. That area used for or intended to be used for the sale of merchandise or
services or as leasable office space as measured from the interior surfaces of the walls
enclosing that part of the building. Such floor area which is used or intended to be used for the
storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded
from this computation of useable floor area.
(35) Fractions. In the determination of density, required parking spaces or other requirements of
this Code, computations resulting in a fractional number of 0.50 or above shall be considered
the next larger whole number.
(36) Garage, private. An accessory building or portion of a main building designed or used solely
for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building
to which it is accessory.
(37) Greenhouse, commercial. A light-permeating structure used for cultivating and growing plants
in a controlled temperature and humidity environment where such plants are offered for sale
either on the premises or at another location.
( Group care home. See Housing)
( Guest house. See Dwelling)
(38) Guide service. Any premises used for collecting or returning persons from recreation trips
when remuneration is provided for the service.
( Halfway house. See Housing)
(39) Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic,
health or recreational), reducing salons and weight control establishments.
(40) Historic district. An area containing buildings or places in which historic events occurred or
having special public value because of notable architectural or other features relating to the
cultural or artistic heritage of the community of such significance as to warrant conservation and
preservation.
(41) Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory
building, and carried on by the occupants thereof, which is clearly incidental and secondary to
the use of the dwelling for dwelling purposes and does not change the character thereof, and in
connection with which there is no exterior sign, no display or stock in trade, no outside storage
of materials or equipment, no commodity sold upon the premises and not more than two
persons are engaged in such occupation.
(42) Home professional office. A home occupation consisting of the office of a practitioner of a
recognized profession.
( Hostel. See Lodging)
( Hotel. See Lodging)
(43) Housing. Structures providing housing for groups of people, such as students, employees or
nursing home residents.
a. Bunkhouse. A building used as living quarters for people such as cannery workers or
construction laborers where shower and sanitary facilities are shared and in which there
are no individual cooking facilities.
b. Convalescent or nursing home. A structure with sleeping rooms where persons are housed
or lodged and are furnished with meals, nursing and medical care.
C. Dormitory. A building used as residential group living quarters for a student body or
religious order as an associated use to a school, orphanage or other similar institutional
use, and does not include kitchen facilities except a group kitchen facility to serve all
residents.
d. Group care home. A dwelling shared by no more than five disabled persons, plus resident
staff, who live together as a single housekeeping unit and in a long-term, family-like
environment in which staff persons provide care, education and participation in community
activities for the residents with the primary goal of enabling residents to live as
independently as possible in order to reach their maximum potential. The term "group care
home" shall not include alcoholism or drug treatment centers, work release facilities for
convicts or ex-convicts or other housing facilities serving as an alternative to incarceration.
e. Halfway house. A licensed home for inmates on release from more restrictive custodial
confinement, or initially placed in lieu of more restrictive custodial confinement, wherein
supervision, rehabilitation and counseling are provided to mainstream residents back into
society, enabling them to live independently. Such placement is pursuant to the authority of
the Alaska Department of Corrections.
(44) Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile
homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals,
rubber, paper, plastic or other scrap materials.
(45) Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of
breeding, buying, selling, keeping or boarding five or more dogs over the age of four months,
whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people
or business entity. Does not include an animal shelter.
(46) Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor
farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.). Does not include cats, dogs
and other common household pets.
(47) Loading space. A space located on premises for pickup and delivery at the premises.
Required off-street loading space shall not be included as an off-street parking space.
(48) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping
accommodations for a period of less than 30 consecutive days. The use includes the providing
of meals to overnight guests only. This use includes bed and breakfast, but does not include
motel, hotel or hostel.
a. Bed and breakfast. An owner occupied and operated single-family residential dwelling
where lodging with a meal is provided for compensation on a short-term basis. The term
does not include boardinghouses and separate apartments which are leased on a month-
to-month or longer basis.
b. Boarding or rooming. An owner occupied building which has not more than five rooms
available for rent or lease on other than a day-to-day basis and not open to transient
guests for residential occupancy and in which no cooking or dining facilities are provided in
the individual rooms. Meals may be regularly prepared and served for compensation at a
table, family-style, without service or ordering of individual portions from a menu. The term
includes lodging house or rooming house but does not include separate apartments with
individual kitchen and bath facilities.
c. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided
for hikers, cyclists or other travelers not generally traveling by car.
d. Hotel. A facility with six or more guest rooms and on-premises management offering
transient lodging accommodations to the general public on a daily rate where access to all
sleeping rooms is through a main entrance and which may provide food, entertainment,
meeting rooms, recreational facilities or various personal services. Includes lodges and
inns.
e. Motel. A building, or group of detached or connected buildings, having six or more guest
rooms, an on-premises manager and parking conveniently located on the premises, which
are designed primarily to offer sleeping accommodations, with or without meals, to the
motoring public on a daily rate. Includes designations such as motor lodges, auto courts,
tourist courts and similar terms.
(49) Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use,
coverage and area and to provide such yards and other open spaces as are herein required.
Such lot shall have frontage or access on a public street or on an approved private street and
may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record, or complete lots of record and portions of lots of
record, or portions of lots of record; or
d. A parcel of land described by metes and bounds, provided that in no case of division or
combination shall any residual lot or parcel be created which does not meet the
requirements of this chapter and that, in the case of multiple lots or portions thereof, the
property be replatted to eliminate interior lot lines.
A. Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and
alleys.
B. Lot, buildable or useable area. That portion of a lot that a prudent person would use to
construct a building and provide required parking. This excludes lakes and rivers,
creeks, cliffs, marshes and other similar natural obstacles to development with the
property counting toward minimum required size.
C. Lot, corner. A lot situated at the intersection of two or more streets having an angle of
intersection of not more than 135 degrees.
D. Lot coverage. The area of a site covered by building or roofed areas, including
covered porches, decks and accessory buildings, but excluding allowed projecting
eaves.
E. Lot depth. The horizontal distance between the front and rear lot lines measured on
the longitudinal centerline.
F. Lot, interior. A lot other than a corner lot.
G. Lot line, front. In the case of an interior lot, a line separating the lot from the street. In
the case of a corner lot, the owner may choose which street he shall designate as the
front of the lot. Once the choice of frontage has been made, it cannot be changed
unless all requirements for yard space are met.
H. Lot line, rear. A line opposite and most distant from the front lot line and, in the case
of irregular or triangular shaped lots, a line not less than ten feet in length within the
lot, parallel to and at the maximum distance from the front lot line.
I. Lot line, side. Lot boundary not a front lot line or a rear lot line.
J. Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent
lots can be constructed with a common party wall providing a proper fire wall rating.
All other aspects are the same as in conventional development.
K. Lot width. The average horizontal distance separating side lot lines of a lot and at right
angles to its depth.
(50) Lumberyard. An establishment that sells sawn timber and other building materials typically
stored on the premises.
(51) Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials
or products predominately from extracted or raw materials; or a use engaged in storage of or
manufacturing processes using flammable or explosive materials; or storage or manufacturing
processes that potentially involve hazardous or commonly recognized offensive conditions.
(52) Manufacturing, light. A use engaged in the manufacture, predominantly from previously
prepared material, of finished products or parts, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales and distribution of such products, but excluding
basic industrial processing.
(53) Mariivana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900
and any amendments thereto.
(54) Mariivana establishment. Marijuana establishment means a marijuana cultivation facility, a
marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store
as those terms are defined in AS 17.38.900 and any amendments thereto.
a. Mariivana cultivation facility. Marijuana cultivation facility means an entity registered to
cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores,
to marijuana product manufacturing facilities, and to other marijuana cultivation facilities,
but not to consumers.
1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has the
privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3
AAC 306.405(c), except that it must have fewer than 500 square feet under
cultivation.
b. Mariivana product manufacturing facility. Marijuana product manufacturing facility means
an entity registered to purchase marijuana; manufacture, prepare, and package marijuana
products; and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
c. Mariivana testing facility. Marijuana testing facility means an entity registered to analyze
and certify the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to purchase
marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana
products from marijuana product manufacturing facilities, and to sell marijuana and
marijuana products to consumers.
(55) Mariivana products. Marijuana products means concentrated marijuana products and
marijuana products that are comprised of marijuana and other ingredients and are intended for
use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
(56) Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats
that may include the sale of fuel and incidental supplies for the boat owners and guests. Also
includes harbor.
( Mobile home. See Dwelling)
(57) Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which
two or more mobile homes are located or for which space is leased or held out for lease or use
on a month-to-month or longer basis. This does not include sale lots on which unoccupied
mobile homes are parked for inspection and sales and shall not be construed to mean tourist
facilities for parking of travel trailers, motor homes or campers.
(58) Mobile medical unit. A trailer, motorized coach or van capable of being transported from place
to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical
diagnostic device or decontamination equipment.
( Modular home. See Dwelling)
( Motel. See Lodging)
( Multiple-family. See Dwelling)
(59) Nonconforming building. Any building or portion thereof lawfully existing at the effective date
of the ordinance affecting it and which does not conform to all of the use, height and density
regulations of the zone in which it is located.
(60) Nonconforming use. A use which lawfully occupied a building or land at the effective date of
the ordinance affecting it that does not conform to the use provisions of the zoning district in
which it is located.
(61) Noxious use..A use which is injurious or harmful to health, highly disagreeable or offensive.
(62) Office. A building or portion of a building wherein services are performed involving
predominantly administrative, professional or clerical operations; i.e., travel, insurance,
employment, utility, public service or government agencies.
(63) Open area. Open area is any portion of the lot not:
a. Covered by a structure, or;
b. Used for parking spaces and maneuvering.
(64) Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other
legal entity having sufficient proprietary interest in the land, including the attorney or agent
thereof.
(65) Park. Any public land available for recreational, educational, cultural or aesthetic use.
(66) Parking area.-A structure or an open area, other than a street, alley or other right-of-way, on
which vehicle parking spaces are defined, designated or otherwise identified and available,
whether free or for compensation, for use by the public, clients, tenants, customers, employees
or owners of the property for which the parking area is required by ordinance.
(67) Parking requirements as stated in terms of employees. The maximum number of employees
who will be at the site at one time on either a single shift or an overlap of shifts.
(68) Parking space, off-street. A designated area sufficient in size to accommodate one motor
vehicle, exclusive of maneuvering room, designed with adequate independent access to, but
located off, any street, alley or other right-of-way.
(69) Parking, valet. Attendant parking provided as a service to patrons of commercial
establishments.
(70) Peddler. A person who, with no fixed place of business, goes from house to house, place to
place, or from store to store transporting goods, wares or merchandise for sale or offering or
exposing the same for sale or making sales and delivering articles to purchasers. (See
Transient merchant and Vending, Street.)
(71) Planned unit development. A land development under unified control that is planned and
constructed in its entirety as a single development operation or in a series of programmed
stages. The development may include streets, circulation ways, utilities, residences, commercial
buildings, open spaces and other site features and improvements some of which may not
otherwise be individually permitted.
(72) Profession. An occupation or calling requiring the practice of a learned art through specialized
knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor
of medicine, lawyer, engineer or real estate broker.
(73) Professional office. The office of a member of a recognized profession maintained for the
conduct of that profession.
(74) Recreational, indoor commercial. A facility accommodating such indoor recreation activities as
skating rinks, bowling lanes or shooting/archery ranges.
(75) Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks,
playing fields or miniature golf.
(76) Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping
quarters for humans and which may be driven, towed or propelled from one location to another
without change in structure or design, whether or not the same is supported by wheels or
identified by a model, serial or vehicle registration number. Includes travel trailers, camping
trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles.
(77) Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational
vehicle sites are located, established or maintained for commercial occupancy by recreational
vehicles of the general public as temporary living quarters for recreation or vacation purposes.
Includes trailer park and camper park.
(78) Recycling center. A building in which used material is separated and processed prior to
shipment to others who will use those materials to manufacture new products.
(79) Recycling collection point. An incidental use serving as a neighborhood drop-off point for
temporary storage of recoverable resources. No processing of such items would be allowed.
This facility would generally be located in a shopping center parking lot or in other public/quasi-
public areas such as churches and schools, as opposed to being allowed on residential or
vacant lots.
(80) Repair service, household/appliance. A business establishment where repairs are made to
appliances and furniture.
(81) Residence. A home, abode or place where an individual is actually living at a specific point in
time.
(82) Resource extraction. Commercial or industrial operations involving the removal of
nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any
operations having similar characteristics. Said use includes the use of heavy equipment such as
loaders, dozers, backhoes and crushers.
(83) Restaurant. An establishment whose principal business is the sale of food and/or beverages
to customers in a ready-to-consume state and whose principal method of operation includes
one or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods and
beverages by a restaurant employee at the same table or counter at which the food and
beverages are consumed; and/or
b. A cafeteria-type operation where food and beverages generally are consumed within the
restaurant building.
(84) Restaurant, fast-food. An establishment whose principal business is the sale of quickly
prepared, ready-to-eat food and/or beverages for consumption within the restaurant building,
within a motor vehicle parked on the premises, or off the premises as carry-out orders, and
whose principal method of operation includes the following characteristics: orders are generally
taken at a main counter or drive-up window and food and/or beverages are usually served in
disposable wrapping or containers. This includes drive-in and carry-out restaurants.
(85) Right-of-way. An area or strip of public land which incorporates or is intended to be occupied
by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or
public utilities.
(86) Salvage yard (auto wrecking, scrap, iunk). Any area used for the storage, keeping or
abandonment of junk or waste material, including scrap metal or other scrap materials, or for
the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts
thereof.
(87) School. Any public, religious or nonprofit facility providing a general curriculum of academic or
vocational instruction serving any or all grades between kindergarten and twelfth grade.
(88) School, commercial. A facility providing commercial instruction in such activities as music,
dance, arts, crafts and sailing.
(89) School, adult vocational. A facility providing a general curriculum of adult academic or
vocational instruction.
(90) Setback. The required minimum distance from a right-of-way or lot line that establishes the
area within which only fencing, landscaping, driveways, parking and similar uses are permitted.
Any structure including, but not limited to, decks, stairways, porches or other attachments to a
building are specifically prohibited in the setback. Building eaves are permitted to extend into
the setback a maximum of two feet.
(91) Shopping center. A single complex which provides a combination of retail establishments
designed in such a manner as to provide convenience for shoppers with common parking
facilities. Includes mall.
( Single-family, attached. See Dwelling)
( Single-family, detached. See Dwelling)
(92) Solid waste facility. A disposal site employing an engineering method for disposing of solid
wastes in a manner that minimizes environmental hazards. Includes landfill, compactor,
transfer, etc.
(93) Storage. A structure or designated area that provides space for storing.
a. Container. An accessory storage use consisting of containers such as semi-tractor vans,
shipping containers and conex containers originally designed to transport goods and
materials via highway, rail, air or sea, which are placed on a parcel of land and used for
covered storage provided that all wheel assemblies have been removed, and the unit is
located outside any setbacks. Containers, whether temporary or permanent, are
considered a structure and must comply with current adopted building codes. Railroad box
cars are excluded except in the industrial zone. (See Accessory Use/Building, Building,
and Structure)
b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of
any goods, junk, material, merchandise or vehicles in the same place for an extended
period of time. In the harbor commercial area, the use is limited to the storage of boats
only.
c. Self-service. A building or group of buildings consisting of individual, small, self-contained
units that are leased or owned for storage of business and household goods or contractors'
supplies. Includes mini warehouses.
d. Warehouse and distribution. A building used primarily for the storage and/or distribution of
goods, products, materials, supplies and equipment, but excluding bulk storage of
materials that are flammable or explosive or that create hazardous or commonly
recognized offensive conditions.
(94) Street. A dedicated public way which affords the principal means of access to abutting
property, such as an avenue, place, drive, boulevard, highway or other similar public
thoroughfare, except an alley as defined herein.
(95) Structure. Anything constructed or erected on the ground or attached to something having
location on the ground, including, but not limited to, buildings, towers, and sheds. Fences,
retaining walls less than three feet in height, signs and similar improvements of a minor
character are excluded.
(96) Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt.
(97) Temporary structure. A structure without any foundation or footings as allowed by the adopted
building code which must be completely removed from the parcel when the temporary permit for
the structure/use expires.
(98) Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for
carrying materials, goods or objects or as a temporary office or business.
(99) Transient merchant. Any person, partnership, firm or corporation, whether a resident of the
City or not, who engages in a temporary business, within a period not exceeding 150
consecutive days in a calendar year, of selling and delivering goods and/or services, wares and
merchandise for profit or nonprofit within the City by operating on a door-to-door, street corner
or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters
that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or
tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles
for hire.
(Two-family or duplex. See Dwelling)
( Unit, dwelling unit. See Dwelling)
(100) Utility, public facility. An installation owned by an agency under public franchise or
ownership, or under certificate of convenience and necessity, providing the public with
electriCity, gas, heat, steam, communication, water, sewage collection or other similar service.
(101) Vehicle, motor. A self-propelled device used for transportation of people or goods over land
surfaces and licensed as a motor vehicle.
(102) Vending. The sale of food, services or merchandise.
a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the
general public.
b. Mobile vending cart. Is a non-motorized structure or unit on wheels that is easily moved
and used for vending.
c. Mobile vendor. A person or business that sells food or permitted types of goods from City-
approved locations using (i) a licensed vehicle or cart capable of movement; or (ii) a
licensed trailer pulled behind a motor vehicle.
d. Pre-packaged food. Ready-to-eat food that is cooked, wrapped, packaged, processed, or
portioned for service, sale or distribution.
e. Roving vendor. A person who offers only pre-packaged food items to the public, with or
without the use of a licensed motor vehicle, from no fixed location on public property, only
on rights of way within designated zoning districts, excluding Fourth Avenue between Port
Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between
Jefferson Street and Railway Avenue.
f. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the
City or not, who engages in a temporary business, within a period not exceeding 150
consecutive days in a calendar year, of selling and delivering goods and/or services, wares
and merchandise for profit or nonprofit within the City by operating from a location out-of-
doors or in quarters that are easily moveable, such as a temporary leased area or space,
or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and
vendors. Does not include vehicles for hire. Transient merchants operate exclusively from
private property. (Note: Transient merchant definition relocated. Previously 15.10.140. B.
95.)
(103) Veterinary hospital. A facility, which may include animal runs, in which veterinary services
are rendered to animals and domestic pets and which may include clipping, bathing, boarding
and other services. Includes veterinary clinic.
(Watchman or caretaker dwelling. See Dwelling)
(104) Water-dependent. A use or activity which can be carried out only on, in or adjacent to water
areas because the use requires access to the water body for water-borne transportation,
recreation, energy, production or source of water.
(105) Water-related. Uses which are not directly dependent upon access to a water body but
which provide goods or services that are directly associated with water-dependent land or
waterway use and which, if not located adjacent to water, would result in a public loss of the
quality of goods or services offered.
(106) Yard. A required open space on the same lot with a main building, unoccupied or
unobstructed from the ground upward, except as otherwise provided in this chapter.
a. Front. The area extending across the full width of a lot, measured between the front lot line
and the nearest exterior wall of the building, front of a bay window or the front of a covered
porch or other similar projection, whichever is the nearest to the front lot line.
b. Rear. A yard extending across the full width of the lot between the most rear extension of
the main building and the rear lot line. The depth of the required rear yard shall be
measured horizontally from the point of the rear lot line nearest to the main building. In
cases of double frontages and corner lots, there are no rear yards, only front and side
yards.
c. Side. A yard between a main building and side lot line, extending from the front yard to the
rear yard. The width of the required side yard shall be measured horizontally from the
nearest point of the side lot line toward the nearest part of the main building.
(107) Zero-lot line. The location of a building on a lot in such a manner that one or more of the
building's sides rests directly on a lot line.
(Ord. 626, § 3, 1989; Ord. 633, § 1, 1990; Ord. 92-02; Ord. 92-14; Ord. 93-05; Ord. 94-26; Ord.
95-07; Ord. 95-17; Ord. 96-05; Ord. 97-12; Ord. 98-02; Ord. 98-06; Ord. 98-09; Ord. 99-01;
Ord. 99-10; Ord. 99-16, § 3, 1999; Ord. 2003-09; Ord. No. 2010-005, § 1, 10-11-2010; Ord. No.
2011-004, § 1, 5-29-2012; Ord. No. 2014-002, § 1, 4-28-2014 ; Ord. No. 2014-004, § 1, 5-27-
2014; Ord. No. 2015-001, § 1, 2-23-2015; Ord. No. 2016-005, § 3, 6-27-2016; Ord. No. 2018-
002, § 4; Ord. No. 2018-004, § 1)
16.01.010. - Definitions.
Lot. A measured portion of a parcel or tract of land which is described and fixed on a plat for record.
Parcel. An unsubdivided plot of land.
Person. A natural person, firm, association, partnership, corporation, governmental unit or
combination of any of these entities.
Plat. A map or chart of a surveyed subdivision of land.
Resubdivision. The redelineation of an existing lot, block or tract of a previously recorded subdivision
involving the change of property lines and/or, after vacation, the altering of dedicated streets, easements
or public areas.
Street. A right-of-way which provides for vehicular and pedestrian access to abutting properties.
Subdivider, owner, proprietor or developer. A person, firm, association, partnership, corporation,
governmental unit or combination of any of these which may hold any legal or equitable ownership
interest in land being subdivided or which has been subdivided. The term shall also include all heirs,
assigns, successors in interest, representatives or personal representatives of the subdivider, owner,
proprietor or developer.
Subdivision. The division of a tract or parcel of land into two or more lots, sites or other divisions for
the purpose, whether immediate or future, of sale, lease or building development, including any
resubdivision and, when appropriate to the context, the process of subdividing of the land subdivided.
Undeveloped lot. A lot on which no permanent dwelling unit or commercial structure is presently
located and for which no building permit for the construction of a permanent dwelling unit or commercial
structure has been requested as of October 1, 1977.
(Ord. 443, 1977)