Chapter 18.20
DEFINITIONS
Sections:
18.20.010 Definitions.
Terms used in this title are defined as follows:
“Abandon” means (a) with respect to a use the cessation of such use for a continuous twenty-four-month period; or (b) with respect to a structure, the cessation of occupancy of such structure for a continuous twenty-four-month period. If a casualty loss has caused temporary cessation of a nonconforming use that use shall not be considered abandoned during such period as the owner or occupant is making substantial progress in repairing or replacing a damaged or destroyed structure.
“Accessory use or building” means a use or building customarily incidental and subordinate to, and located on the same lot with, the principal building.
“Automobile wrecking yard” means commercial property used for the dismantling of more than one used motor vehicle or trailer, or the storage or sale of parts from any dismantled or partially dismantled, obsolete or wrecked vehicle and which is identified as a business location with a sales tax license issued to the business using the property.
“Best management practices” means those standards for development of property.
“Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.
“Business, retail” means the retail sales of any article, substance, or commodity for profit or livelihood by a business which has a sales tax license issued by the city.
“Business, wholesale” means an activity requiring the wholesale transfer of any article, substance, or commodity for profit or livelihood by a business which has a sales tax license issued by the city.
“Cemetery” means an area of land intended to be used for burial of the dead, including columbaria and mausoleums when operated in conjunction with and within the boundary of such cemetery.
“Change” means, with respect to a nonconforming use, that the nonconforming use has been converted from one use identified on the matrix of permitted and conditional uses to another different use identified on the matrix of permitted and conditional uses for a continuous twenty-four-month period.
“Church” means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building together with its accessory buildings and uses is maintained and controlled by a religious body organized to conduct public worship.
“Club” means buildings or facilities owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose; but not primarily for profit or to render a service that is customarily carried on by a business.
“Comprehensive plan” means the Nome comprehensive plan as adopted and amended from time to time.
“Correctional facility” means any prison, jail, camp, farm, group house, halfway house, correctional restitution center or community center facility, designed or intended for the custody, care, treatment or discipline of persons held under authority of state law for detention.
“Day care houses and facilities” means any establishment for the care of children, whether or not for compensation, to children not including adult members of the family residing in the dwelling. The term “day care house” is not intended to include baby-sitting services of a casual, nonrecurring nature, child care provided in the child’s own home, or cooperative, reciprocating child care by a group of parents in their respective dwellings.
“Development” means any construction or alteration occurring on a lot including all buildings, roads, and driveways.
“Dog kennels and lots” means a parcel of land and/or buildings where five or more adult dogs are located.
“Drainage ditch” is defined as any open water channel, natural or manmade, at least two feet in depth, which is used for the removal of runoff.
“Dredging/filling” means an activity which involves excavating along the bottom of a water body for the purpose of channeling or creating a harbor and the subsequent deposition of the dredge material to build up or expand an existing landmass or to create a new one.
“Dwelling” or “dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for residential use.
“Dwelling, duplex” means a building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.
“Dwelling, multiple-family” means a building or a portion thereof designed for occupancy by three or more families living independently in separate dwelling units, which may or may not share common entrances and/or other spaces.
“Dwelling, single-family” means a detached dwelling unit designed for occupancy by one family.
“Entertainment establishment” means a public or private institution or place of business regularly performing shows or other types of performances and for which a sales tax license has been issued by the city.
“Funeral home” means a building or part thereof used for human funeral services by a business which has a sales tax license that has been issued by the city.
“Halfway house” means a facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol. The term “halfway house” is not intended to include day care houses or facilities, foster houses, schools, hospitals, jails or prisons.
“Home businesses and occupations” means any use customarily conducted entirely within a dwelling 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 for which a sales tax license has been issued by the city.
“Hospital” means an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.
“Hotel” or “motel” means any building, portion of a building, or group of buildings containing six or more guest rooms which are used, rented or hired out to be occupied for sleeping purposes by guests by a business which has a sales tax license issued by the city. “Hotel” or “motel” also means any building, portion of a building, or group of buildings containing five or less guest rooms which are used, rented or hired out to be occupied for sleeping purposes by more than fifteen guests. The term “hotel” or “motel” is not intended to include single, duplex or multiple-family dwellings, or portions thereof that are rented for periods of one month or more.
“Junk” means any worn out, wrecked, scrapped, partially or fully dismantled, discarded, tangible material, combination of materials or items, stored on a lot but not including a commercial operation and not constituting a public safety, nuisance or hazard concern.
“Junk motor vehicle” means a discarded, dismantled, wrecked, scrapped or mined passenger motor vehicle or parts thereof, an unregistered motor home not connected to water and/or sewer, or a passenger motor vehicle other than an on-premises utility vehicle which is allowed to remain unregistered and uninsured for a period of thirty days from the date of discovery.
“Junkyard, commercial” means any lot, or portion of a lot, which is used for the purpose of the outdoor storage, handling, dismantling, wrecking, keeping, or sale of junk, used, discarded, wrecked, or abandoned airplanes, appliances, vehicles, boats, buildings and building materials, machinery, equipment, or parts thereof including but not limited to scrap metals, wood, lumber, plastic, fiber, or other tangible materials and for which a sales tax license has been issued by the city.
“Medical and dental offices and clinics” means an establishment operated by one or more duly licensed members of the human health care professions including, but not limited to, physicians, dentists, chiropractors, psychiatrists and osteopaths, where patients are not lodged overnight but are admitted for examination and/or treatment.
“Mobile home” means a structure, transportable in one or more sections: (a) which in the traveling mode is eight feet or more in width or forty feet or more in length, or when erected on site is three hundred twenty square feet or more; and (b) which is built on a permanent chassis and is designed for use as a dwelling with or without a permanent foundation when the plumbing, heating, and electrical systems contained therein are connected to the required utilities. A mobile home shall be construed to remain a mobile home whether or not wheels, axles, hitch or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a recreational vehicle or a factory built dwelling.
“Mobile home park” means a parcel of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes and for which a sales tax license has been issued by the city.
“Nonconforming structure” means a structure or portion thereof which was lawfully established in compliance with all applicable ordinances and regulations, but which no longer conforms to all applicable ordinances or regulations because of the application of a subsequent ordinance or regulation.
“Nonconforming use” means a use which was lawfully established in compliance with all applicable ordinances and regulations, but which no longer conforms to all applicable ordinances or regulations because of the application of a subsequent city ordinance or regulation.
“Office” means the physical location of a business, which may include professional services, administrative services, and/or personal services, but does not include direct retail or wholesale transactions except for those sales which are incidental to the provision of services.
“Open space” means areas of varying sizes that generally are developed for a variety of recreational uses or are preserved for their natural amenities. Open spaces may be for use by the public, by private development, or cooperatively owned for use by members of a homeowners’ association, and include squares, parks, bicycle/pedestrian paths, refuges, campgrounds, picnic areas, and outdoor recreation facilities.
“Outdoor storage” means the keeping, in an unroofed area, of any goods, material, merchandise, or vehicles for more than twenty-four hours.
“Park” means an area open to the general public and reserved for recreational, educational, or scenic purposes.
“Personal service” means a business which has a sales tax license issued by the city and which provides, upon demand, aid, maintenance, repair, or similar semi-technical, technical or experienced assistance to individuals. This definition does not include the practice of a learned profession, any service defined in this title under “administrative,” nor wholesale or retail activities involving stock in trade on the premises.
Public Utility Facility or Structure. For the purpose of requiring a conditional use permit, “public utility facility or structure” means any facility or structure which is owned and operated by a public or private utility but specifically excludes the water distribution mains, pressure stations and hydrants, sewage collection, manholes and lift stations, underground and overhead electrical, television and telephone lines and poles and street lights.
“Recreational facility” means a building that facilitates sports activities or games, such as bowling alleys, racquetball courts, skating rinks, and gymnasiums.
“Restaurant” means an establishment that serves food and beverages primarily to persons seated within the building by a business which has a sales tax license issued by the city.
“School” means an institution or place for instruction or education.
“Service station” means any building, structure, premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories, the installation and services of such lubricants, tires, batteries and other small accessories, and such other services which do not customarily or usually require the services of a qualified automotive mechanic and for which a sales tax license has been issued by the city.
“Snow dump and storage site” means any property designated for the purpose of receiving snow removed from streets and parking areas.
“Subarea” means a portion of a zoning district identified in a specific plan addressing development of that portion of a zoning district.
“Vehicle and equipment repair” means to restore and/or maintain a vehicle or equipment to a sound state after wear or use, decay, dilapidation or partial destruction with such repair or maintenance requiring the services of a qualified mechanic by a business which has a sales tax license issued by the city.
“Warehouse” means a building used primarily for the storage and distribution of goods, products, materials, supplies, and equipment.
“Youth correctional facility” means any prison, jail, camp, farm, group house, halfway house, correctional restitution center or community center facility designed or intended for the custody, care, treatment or discipline of persons held under authority of state law for detention for persons under the age of eighteen years old. (Ord. O-17-09-02A § 2, 2017; Ord. O-17-05-02 § 1, 2017; Ord. O-15-11-01 § 1, 20151; Ord. O-08-09-01 § 2 (part), 2008)
Code reviser’s note: Section 4 of Ord. O-15-11-01 reads, “Exemptions. All businesses having obtained a sales tax license between the date of enactment of the Zoning Code (October 13, 2008) and the date of enactment of this ordinance (December 14, 2015) are exempted from the requirements herein.”