Chapter 17.103 DEFINITIONS

For the purpose of this title, certain terms are defined in this chapter. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural, and words in the plural number include the singular; the word “persons” may be taken for a person, firm, partnership or corporation; the word “structure” includes building; the word “occupied” includes premises designed or intended to be occupied; the word “used” includes designed or intended to be used; and the word “shall” is always mandatory and not merely directive. Other words and terms shall have their customary dictionary definitions. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.002 Abandonment.

“Abandonment” means the cessation of a use on the property, by the owner or lessee without any intent of transferring rights of the property to another owner or of resuming the use of the property. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.011 Abutting.

“Abutting” means having property or land use district lines in common, or having property separated by only an alley. Separation by a street or railroad right-of-way shall not be considered abutting. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.014 Accessory dwelling unit, attached.

“Attached accessory dwelling unit” means a second dwelling unit that is added to the structure of an existing single-family dwelling, for use as a complete, independent living facility for a single household, with provision within the attached accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use to the main dwelling. (Ord. 22-20 § 1, 2022; Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 96-800 § 1 (part), 1996)

17.103.016 Accessory dwelling unit, detached.

“Detached accessory dwelling unit” means a second dwelling unit that is added to the lot of an existing single-family dwelling, as a separate structure, for use as a complete, independent living facility for a single household, with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is considered an accessory use and structure to the main dwelling. (Ord. 22-20 § 1, 2022; Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 96-800 § 1 (part), 1996)

17.103.020 Adult care home.

“Adult care home” means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than eight adults who are not related by blood or marriage to the person or persons providing the services. (Ord. 23-11 § 1, 2023; Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 15-04 § 22 (part), 2015)

17.103.040 Alley.

“Alley” means a public right-of-way consistent with Table 12.116.040D that affords a means of vehicular access to abutting property and may or may not be the primary vehicular access to such properties. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 4, 2004: Ord. 00-024 § 1, 2000: Ord. 95-769 § 5 (part), 1995)

17.103.042 Alteration.

“Alteration” means any change in the supporting members of a building, any modification or change in construction, any addition which increases the area or height, or any change in use. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.060 Apartment.

“Apartment” means a dwelling unit within a building that accommodates three or more families living independently of each other in individual primary dwelling units. The dwelling units are normally located on a parcel of land under a single ownership. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 5, 2004: Ord. 95-769 § 5 (part), 1995)

17.103.070 Accessory building or use.

“Accessory building or use” means a building or use, such as a detached garage, detached carport, woodshed, utility building, accessory apartment, home occupation, or home garden customarily incidental to and located on the same lot occupied by the principal building. An accessory building or use is subordinate in area, extent or purpose to the principal building or use served. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 97-841 § 1, 1997: Ord. 95-769 § 5 (part), 1995)

17.103.071 Attached.

“Attached” means two or more structures that are not structurally independent of each other and as regulated by the adopted Uniform Building Code. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 01-002 § 3, 2001)

17.103.090 Bed and breakfast inn.

“Bed and breakfast inn” means a dwelling unit, or portion thereof, where short-term lodging rooms, with or without meals, are provided for compensation, and where the operator of the inn resides on the premises. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.092 Berm.

“Berm” means an earthen structure used as a screening device in conjunction with the planting of grass, shrubbery and trees. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.100 Binding site plan.

“Binding site plan” means a drawing to a scale specified by local ordinance which: (A) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (B) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (C) contains provisions making any development be in conformity with the site plan. (Ord. 20-09 § 1 (part), 2020)

17.103.132 Buffer.

“Buffer” means a landscaped open space and/or screen located between incompatible land uses for the purpose of visibly separating uses through distance and to shield and block noise, light, glare or visual or other nuisances; that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established for the purpose of screening and separating properties with incompatible land uses, the width of which is measured from the common property line and extending the developed portion of the common property line. A buffer consists of trees, shrubs and other natural vegetation as required by BGMC 17.131.080. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 6, 2004: Ord. 95-769 § 5 (part), 1995)

17.103.140 Building.

“Building” means a structure, or combination of materials to form a structure, either temporary or permanent, above or below ground, having a roof or other covering and designed, built or used as a shelter for persons, animals, or property of any kind. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.141 Building envelope.

“Building envelope” means any area in which buildings may be constructed. Building envelopes are defined by the required/approved building setbacks, environmental and/or development buffers of a subject property. (Ord. 21-11 § 1, 2021)

17.103.142 Building, principal.

“Principal building” means a building in which is conducted the main use of the property on which the building is located. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.144 Building setback.

“Building setback” means a line established by the minimum yard requirement as the minimum allowable distance between the wall of a building and the street right-of-way or property line when measured perpendicularly thereto. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.150 Change of use.

“Change of use” means a change in the use of a building or a portion of a building due to a change of occupancy classification, a change from one group to another group within an occupancy classification, and/or any change in use within a group for which there is a change in application of the requirements of adopted building and fire codes. (Ord. 21-35 § 1, 2021)

17.103.160 Church.

“Church” means an establishment, the principal purpose of which is religious worship, and for which the principal building or other structure contains the sanctuary or principal place of worship. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 7, 2004)

17.103.170 Clinic.

“Clinic” means a building containing offices for providing medical, dental or psychiatric services for outpatient services only, and which does not include overnight care facilities. A clinic is a health service. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.171 Closed record appeal.

“Closed record appeal” means an appeal on the record following a project permit application decision upon which an open record hearing was held prior to the decision. No new evidence is allowed to be submitted and only appeal argument shall be allowed. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 96-801 (part), 1996)

17.103.172 Club, nonprofit.

“Nonprofit club” means a building or facilities owned or operated by a group for social, educational or recreational purposes, but not customarily for profit nor to render a service that is customarily carried on for gain. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.173 Commercial recreation facility, enclosed.

“Enclosed commercial recreation facility” means any use of building and/or land that involves the provision of sports and leisure activities to the general public for a fee, conducted entirely within an enclosed building, including but not limited to billiard halls, amusement and video arcades, bowling alleys, ice and roller skating rinks, indoor physical fitness facilities and indoor racquetball courts. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.174 Commercial recreation facility, unenclosed.

“Unenclosed commercial recreation facility” means any use of building and/or land that involves the provision of sports and leisure activities to the general public for a fee, conducted at least partially outside of a building and in the open air, including but not limited to outdoor firearms shooting ranges, golf driving ranges, miniature golf courses, batting cages, race tracks, horse and pony riding rinks, circuses and carnivals, and zoological gardens. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.176 Compatibility.

“Compatibility” means the characteristics of different uses or activities that permit such uses or activities to be located near each other in harmony and without conflict. Some elements affecting compatibility include: intensity of occupancy as measured by dwelling units per acre or gross square footage per acre; pedestrian or vehicle traffic generated; volume of goods handled; and environmental effects such as noise, vibration, odor, glare, air pollution, visual pollution and radiation. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.178 Comprehensive plan.

“Comprehensive plan” means the current plan or portions thereof which has been adopted by the city council pursuant to applicable state law. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 8, 2004: Ord. 95-769 § 5 (part), 1995)

17.103.180 Conditional use.

“Conditional use” means a use which would not be appropriate without restriction throughout a zoning district and is not automatically permitted by right within a zoning district, but which may be permitted within a zoning district subject to meeting specific conditions as contained in this title or as required during the review process. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.200 Condominium (residential building).

“Condominium (residential building)” means a building or complex of multiple-unit dwellings in which a tenant holds full title to his unit and joint ownership in the common grounds with the owners. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.208 Continuing care retirement community.

“Continuing care retirement community” means an age-restricted development or facility that provides, to individuals of retirement status, accommodations and care such as board, independent living, licensed nursing care and medical or other health-related services, and that typically enters into contracts to provide care. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.212 Contractor’s establishment.

“Contractor’s establishment” means an establishment engaged in the provision of construction activities including but not limited to plumbing, electrical work, building, paving, carpentry and other such contracting activities, including the storage of materials and the overnight parking of commercial vehicles. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.230 Cottage.

“Cottage” means a detached form of single-family housing that does not exceed one thousand square feet in floor area that is located on a legal lot of record or is a condominium unit at densities generally exceeding the zoning district in which it is located. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 9, 2004)

17.103.240 Day care center, commercial.

“Commercial day care center” means a building which has as its primary purpose the operation of a business for profit in which children or disabled persons or senior citizens are cared for or supervised during a portion of a twenty-four-hour period, but is not a lodging. For purposes of this title, this definition shall include preschool educational establishments. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.244 Dog day care.

“Dog day care” means a facility where dogs may be groomed, trained, exercised, and socialized, but not kept or bred, sold, or let for hire. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-15 § 1 (part), 2016)

17.103.245 Family day care provider.

“Family day care provider” means a child care provider who regularly provides early childhood education and early learning services for not more than twelve children in the provider’s home in the family living quarters. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-15 § 1 (part), 2016: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.262 Density.

“Density” means the number of dwelling units developed, or to be developed, per gross acre of land, or the gross square footage of a building per gross acre of land. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.263 Development.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.264 Drive-in.

“Drive-in” means a retail or service enterprise wherein service is provided to the customer within a motor vehicle on the outside of the principal building. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.265 Duplex.

“Duplex” means a form of attached housing comprised of a single building located on one legal lot of record designed or arranged for a maximum of two dwelling units. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 01-014 § 1, 2001: Ord. 95-769 § 5 (part), 1995)

17.103.266 Dry cleaners.

“Dry cleaners” means an establishment engaged in providing laundry, dyeing and dry-cleaning services to individual customers. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.268 Dry-cleaning plant.

“Dry-cleaning plant” means an establishment engaged in providing laundry, dyeing and dry-cleaning services on a large scale for institutions, businesses or other such establishments. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.270 Dwelling unit.

“Dwelling unit” means a facility for housekeeping, cooking and sleeping for one family or household. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.290 Family.

“Family” means an individual, or two or more persons customarily living together as a single-housekeeping unit and using common cooking facilities, as distinguished from a boarding house or lodging services. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.291 Fence.

“Fence” means a structural barrier for enclosure, screening or demarcation, presenting a solid face or having openings amongst or between its constituent members; also, a wall separate from or extending from a building. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.292 Finance, insurance and real estate establishment.

“Finance, insurance and real estate establishment” means and includes but is not limited to banks, savings and loan institutions and credit unions; security and commodity exchanges; insurance agents, brokers and claims service; real estate brokers, agents, managers and developers; trusts; and holding and investment companies. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.295 Front.

“Front” means that portion of a house or building that faces a public or private street. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.322 Glare.

“Glare” means a sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.325 Group living.

“Group living” means living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents. Examples include nursing/convalescent homes; adult family homes. Tenancy is typically thirty days or more. Excludes transitional housing. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 15-04 § 22 (part), 2015)

17.103.340 Guest house.

“Guest house” means an accessory detached dwelling without any kitchen facilities, designed for and used to house transient visitors or nonpaying guests of the occupants of the principal dwelling. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.350 Height of a building.

“Height of a building” means the vertical distance at the center of a building’s principal front, measured from the level of the first floor above grade to the highest point of the roof beams in the case of flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, hip or gambrel roofs. For buildings set back from the street line, the height may be measured from the average elevation of the finished grade along the front of the building. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.356 Heliport.

“Heliport” means an area, either at ground level or elevated on a structure, licensed or approved for the landing and taking-off of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.358 Helistop.

“Helistop” means a heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.360 Home occupation.

“Home occupation” means an independent business, which use is clearly incidental and secondary to the primary use of the dwelling unit or accessory structure for residential purposes and complies with the criteria established by BGMC 17.135.090. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 14-16 § 1, 2014: Ord. 00-004 § 1(A), 2000; Ord. 95-769 § 5 (part), 1995)

17.103.390 Junkyard.

“Junkyard” means a place where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, and yards for use of salvaged house wrecking and structural steel materials and equipment. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.400 Kennel.

“Kennel” means either:

A. Any premises used to conduct a commercial business involving the buying, selling, breeding for sale, letting for hire, boarding, or training of dogs;

B. Any premises at which three or more dogs which are five months of age or older are kept for any purpose for a fee, including animal shelters, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians;

C. Any premises where offspring puppies or adult dogs are sold to commercial outlets or are sold for research or experimental purposes;

D. Any premises where offspring from two or more litters per twelve-month period are sold or traded, exchanged or bartered for a valuable consideration or joint ownership purpose;

E. Any premises used as the location for the training of dogs for obedience, hunting, protection, etc., if the address is different from the office address or the premises are used as a combination office/training location, except if the training site is property belonging to a recognized school district, municipal body, or not-for-profit organization. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 10, 2004: Ord. 95-769 § 5 (part), 1995)

17.103.402 Landscape strip.

“Landscape strip” means that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space, the width of which is measured from a given property line and extending the developed portion of the property line. A landscape strip, as distinguished from a buffer, may be disturbed by grading or site development but is maintained as landscaped open space. A landscape strip may consist of grass lawns, decorative planting, berms, walls, fences or other features designed and arranged to produce an aesthetically pleasing effect within and outside of the development. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.406 Laundromat.

“Laundromat” means a business that provides home-type washing and drying machines for hire to be used by customers on the premises. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.408 Loading and unloading space.

“Loading and unloading space” means a space, typically with dimensions of twelve feet by sixty feet, logically and conveniently located for pickups and/or deliveries or for loading and/or unloading in such a way as it does not conflict with driveways or patron parking, scaled to delivery vehicles to be used, and accessible to such vehicles. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.410 Lot.

“Lot” means a parcel of land under one ownership used or capable of being used under the regulations of this title, including both the building site and all required yards and other open spaces. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.411 Lot, corner.

“Corner lot” means a lot abutting upon two or more streets at their intersection. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.412 Lot, double frontage.

“Double frontage lot” means any lot, other than a corner lot, which has frontage on two streets that do not intersect at a point abutting the property. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.414 Lot, flag.

“Flag lot” means a tract or lot of land of uneven dimensions in which the portion fronting on a public street is less than the required minimum width for construction of a building or structure on that lot. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.415 Lot area, average.

“Average lot area” means the average permitted total horizontal area within the lot lines of a lot, exclusive of street rights-of-way, but inclusive of easements. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 11, 2004)

17.103.416 Lot area, minimum.

“Minimum lot area” means the smallest permitted total horizontal area within the lot lines of a lot, exclusive of street rights-of-way but inclusive of easements. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.420 Lot building coverage.

“Building lot coverage” means the permitted percentage of a lot occupied by the footprint of buildings and structures, including accessory buildings and structures, but not including unenclosed parking areas. (Ord. 22-20 § 1, 2022; Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.430 Lot depth.

“Lot depth” means the average distance between the front and rear lot lines measured along each side lot line. The average distance is the sum of the two measurements divided by two. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.432 Lot frontage, minimum.

“Minimum lot frontage” means the smallest permitted width in linear feet of a lot where it abuts a public or private street. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-15 § 1 (part), 2016: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.440 Lot width.

“Lot width” means the average distance between side lot lines, measured along the rear lot line and measured along the front lot line. The average distance is the sum of the front and rear lot line measurements, divided by two. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.460 Manufacture.

“Manufacture” means the converting of raw unfinished materials or products, or any or either of them, into an article or articles or substance of a different character, or for use for a different character, or for use as a different purpose. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.462 Manufactured home.

“Manufactured home” means a structure, built to conform to national standards embodied in the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401, et seq., administered by the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or when erected on the site is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes mandatory plumbing, heating, air-conditioning and electrical systems contained therein. A manufactured home displays a certificate from the U.S. Department of Housing and Urban Development. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.464 Manufactured home park.

“Manufactured home park” means a parcel of land under single ownership which has been planned or improved for the placement of two or more manufactured homes for residential use, including land, buildings and facilities used by the occupants of manufactured homes on such property. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.466 Marijuana.

“Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than three-tenths percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016)

17.103.468 Marijuana processor.

“Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016)

17.103.470 Marijuana producer.

“Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016)

17.103.472 Marijuana researcher.

“Marijuana researcher” means a person licensed by the State Liquor and Cannabis Board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana-derived drug products. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016)

17.103.474 Marijuana retailer.

“Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016)

17.103.476 Mobile home.

“Mobile home” means a structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein and manufactured prior to June 15, 1976. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995. Formerly 17.103.466)

17.103.478 Mobile home park.

“Mobile home park” means a parcel of land or any portion thereof under single ownership which has been designed, planned or improved for the placement of two or more mobile homes for residential use, including land, buildings and facilities used by the occupants of mobile homes on such property. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995. Formerly 17.103.468)

17.103.480 Modular structure.

“Modular structure” means a factory-fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential or commercial purposes and which complies with local building codes or applicable industrialized building regulations of the state of Washington. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995. Formerly 17.103.470)

17.103.482 Multifamily dwelling.

“Multifamily dwelling” means a building or portion of a building designed for long-term (greater than thirty days) occupancy by three or more single households living independently of each other with shared egress elements (i.e., stairs or corridors), such as apartments or condominiums, but not including hotels or motels. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-15 § 1 (part), 2016: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 12, 2004. Formerly 17.103.480)

17.103.500 Nonconforming lot.

“Nonconforming lot” means a lot, the area, width, or other characteristic of which fails to meet the requirements of the zoning district in which it is located and which was of record as of the date of adoption of these regulations. Any lot which was subsequently annexed into the Battle Ground city limits which does not meet the requirements of the particular zoning district shall also be considered a nonconforming lot. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.502 Nonconforming structure.

“Nonconforming structure” means any building or structure which does not conform to the regulations governing the bulk, location, height or size of buildings or structures permitted in the district. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.504 Nonconforming use.

“Nonconforming use” means an activity to which a building or land was being used at the effective date of the ordinance codified in this title, or at the time of any amendments thereto which do not conform to the permitted use provisions of the district within which such activity is located. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.520 Off-street parking space.

“Off-street parking space” means a permanently surfaced area of not less than three hundred square feet, either within a structure or in the open, inclusive of driveway or access drives, for the parking of a motor vehicle. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.521 Open record hearing.

“Open record hearing” means a hearing that creates a record through testimony and submission of evidence and information. An open record hearing may be held prior to a decision on a project permit application, or may be held on appeal. An open record hearing can only be held on appeal if no open record hearing was conducted prior to the decision on the application. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 96-801 § 8 (part), 1996)

17.103.522 Outdoor display.

“Outdoor display” means the keeping of any goods, merchandise or material outside of a business, building or establishment or in an area visible from a public street, for display, advertisement or purposes of attracting rental or sales. Display is distinguished from storage in that displayed items or objects do not typically constitute the entire inventory of that particular item or object. This definition shall not be construed as to include the temporary loading or unloading of such goods, material or merchandise to or from an enclosed area. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.524 Outdoor storage.

“Outdoor storage” means the keeping of any goods, merchandise or material outside of a business, building or establishment in the same outdoor place for more than twenty-four hours, including the storage of trash in dumpsters and recycling bins, and other waste/recoverable material containers; provided, however, that outdoor display shall not be construed to be outdoor storage; and provided further, that automobile dealerships and similar retail vehicle sales shall not constitute an outdoor storage use. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.528 Parking lot/structure.

“Parking lot/structure” means a parking lot or structure that is accessible to the public that is either (1) a no-fee parking facility at which the parking or storage of vehicles is limited by time or authorization by the private parking operator, or (2) a pay and park facility that is open for parking or storage of vehicles by the general public, at which a fee must be paid for parking. (Ord. 19-22 § 1, 2019)

17.103.530 Party of record.

“Party of record” shall include the applicant and designees, and any person submitting to the responsible official written testimony that is specific to a particular application prior to the issuance of the decision, or in the case of a public hearing providing oral testimony after providing the person’s name, address and the subject matter in which they are interested. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 07-15 § 1, 2007)

17.103.540 Planned unit development.

“Planned unit development” means a form of development usually characterized by a unified site design for a number of housing units, clustered buildings, common open space, and a mix of building types and/or land uses in a more dense setting than allowable on separate zoned lots offering amenities to its residents, the city, or the general public in exchange for greater density. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.542 Planning commission.

“Planning commission” means the planning commission of the city of Battle Ground, Washington, as established by Chapter 2.28 BGMC. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.544 Planning director.

“Planning director” means that employee of the city charged with the responsibility of administering and enforcing land development regulations in the city. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.550 Private open space.

“Private open space” means a portion of land, together with the improvements thereon, reserved for the use and enjoyment of the owners and occupants of the dwelling units not owned by a public entity. Parking lots, storage, service driveways, loading berths, or other functional uses not directly connected with recreational or leisurely activities shall not be construed as private open space. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.562 Public use.

“Public use” means any building, structure or use owned and/or operated by the federal government, state of Washington, Clark County, the city of Battle Ground or other city, or any authority, agency, board or commission of the above governments, which is necessary to serve a public purpose, such as but not limited to the following: government administrative buildings, police and fire stations, public health facilities and hospitals, parks and community centers, public schools, water and sanitary sewerage storage, intake, collection, treatment and pumping facilities. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 13, 2004: Ord. 95-769 § 5 (part), 1995)

17.103.563 Residential care facility.

“Residential care facility” means an establishment operated with twenty-four-hour supervision for the purpose of lodging and serving twelve or more persons of any age who, by reason of their circumstances or conditions, require care while living as a single-housekeeping unit in a dwelling unit. This definition does not include prisons or correctional institutions involving twenty-four-hour locked incarceration with little or no freedom of movement.

“Care” is defined as room and board and the provision of a planned treatment program. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.564 Residential district.

“Residential district” means any R3, R5, R7, R10, R12, R16, or R20 district. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 04-024 § 14, 2004: Ord. 95-769 § 5 (part), 1995)

17.103.565 Retail trade establishment, enclosed.

“Enclosed retail trade establishment” means any business offering goods and products for sale to the public, which operates entirely within a building, except for outdoor display or other use during normal business hours and accessory storage in enclosed, accessory buildings. Incidental repair is also included. The following uses are considered enclosed retail trade establishments (list is not all inclusive): convenience stores; paint, glass and wallpaper stores; grocery and food stores including bakeries; apparel, shoe and accessory clothing stores; furniture, floor covering and home furnishing stores; musical instrument stores; record, tape and compact disc stores; drug stores, proprietary stores and apothecaries; liquor stores; used merchandise stores; sporting goods and bicycle shops; book, art and stationery stores; hobby, toy and game shops; jewelry, gift, novelty, souvenir and antique shops; camera and photographic supply stores; luggage and leather goods stores; sewing, needlework and piece goods stores; catalog and mail order stores; florists; tobacco stores; optical goods stores; newsstands; automotive parts stores not involving repair; video rental and sales stores; watches and clock shops; and pawnshops. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.566 Retail trade establishment, unenclosed.

“Unenclosed retail trade establishment” means any business offering goods and products for sale to the public, which does not operate entirely within a building, and which all or a portion of the goods and products are displayed and/or stored, or business transacted, in the open air or other shelter not completely enclosed. The following are considered unenclosed retail trade establishments (list is not all inclusive): lumber and building materials; retail nurseries and garden supply stores; fuel oil and liquefied petroleum dealers; Christmas tree sales; flea markets; monument sales establishments; gas stations; produce stands; and firewood sales. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.567 Row house.

“Row house” means a form of attached housing comprised of a single building where dwelling units are constructed as townhouses separated by vertical fire walls, each unit is open on at least two sides, and each unit is provided its own means of egress. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-15 § 1 (part), 2016)

17.103.572 Screening.

“Screening” means a method of shielding, obscuring or buffering one use, building or structure from another use, building, private lot, or public street by fencing, walls, berms, densely planted vegetation, natural vegetation, or other means. A screen is a visual and acoustical barrier which is of such nature and density that provides year-round maximum opacity from the ground to a height of at least six feet or that screens structures and activities from view from the normal level of a first-story window on an abutting lot. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.574 Semipublic use.

“Semipublic use” means any building, structure or use owned and/or operated by private utilities or private companies for a public purpose, or which is reasonably necessary for the furnishing of adequate service by such utilities, including but not limited to: underground or overhead gas, electrical, steam or water distribution or transmission lines or systems, electric power substations, wires, towers, cables and poles, and railroad facilities. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.582 Service, automotive.

An “automotive service” means an establishment providing services and repairs to motor-driven vehicles, including but not limited to: repair shops; top and body, paint, automotive glass, transmission and tire repair shops; car washes, including automated, self-service and fully staffed facilities; and oil change and lubrication shops. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.584 Service, business.

A “business service” means a facility engaged in support functions to establishments operating for a profit on a fee or contract basis, including but not limited to: advertising agencies; photocopying, blueprinting and duplication services; mailing agencies; mailbox rental; commercial art and graphic design; personnel services and employment agencies; computer and data processing; detective, protective and security system services; accounting, auditing and bookkeeping services; publications and business consulting firms; food catering; interior decorating; and locksmiths. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.588 Service, health.

A “health service” establishment means and includes health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services; and offices of doctors, dentists and other medical practitioners. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.589 Service, lodging.

A “lodging service” means a facility that offers temporary shelter accommodations, or place for such shelter, open to the public for a fee, including but not limited to: hotels, motels, extended stay motels/hotels, rooming and boarding houses, and bed and breakfast inns. (Ord. 22-20 § 1, 2022; Ord. 20-09 § 1 (part), 2020: Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.590 Service, miscellaneous.

A “miscellaneous service” means those service establishments not otherwise specifically classified, including but not limited to: animal hospitals and veterinary clinics; funeral homes, mortuaries and mausoleums; pet grooming; and taxidermists. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.591 Service, personal.

A “personal service” establishment is a facility engaged in the provision of services to persons and their apparel, including but not limited to: barber and beauty shops; coin-operated and full-service laundries and dry cleaners not including drive-through facilities; photographic studios; shoe repair and shoeshine parlors; dance studios, schools and halls; specialized instructional studios and schools; and travel agencies. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.592 Service station.

“Service station” means a retail establishment for the sale on the premises of motor vehicle fuel and other petroleum products and automobile accessories, and for the washing, lubrication and minor repair of automotive vehicles. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.595 Setback.

“Setback” means the minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a building or structure. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.620 Single-family dwelling.

“Single-family dwelling” means a building arranged or designed to be occupied by not more than one family. The term “detached single-family dwellings” includes modular homes but does not include mobile or manufactured homes as defined in this chapter. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.640 Site plan.

“Site plan” means a plan prepared to scale showing, accurately and with complete dimensions, all proposed and existing buildings, setbacks, buffers, landscaped open space, structures and features, and parking proposed for a specific parcel of land. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.670 Street.

“Street” means a public right-of-way or a private access easement thirty-one feet or more in width which affords a primary means of access to abutting property. (Ord. 21-35 § 1, 2021; Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.680 Structure.

“Structure” means a combination of materials constructed or erected which has a permanent or temporary location on the ground, or attached to something having a permanent location on the ground. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.684 Townhouse.

“Townhouse” means a form of attached housing comprised of a single building where dwelling units are separated by vertical fire walls. Each unit is located on its own individual legal lot of record, has its own independent access and its own front and rear yards. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 01-014 § 2, 2001: Ord. 95-769 § 5 (part), 1995)

17.103.690 Trade or business school.

“Trade or business school” means a commercial school or college when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization; a school conducted as a commercial enterprise for teaching instrumental and vocal music, dancing, barbering or hairdressing, or for teaching skills in which machinery is employed as a means of instruction. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.700 Transitional housing.

“Transitional housing” means public or nonprofit living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents where tenancy is typically less than thirty days. Examples include: homeless shelters and drug/alcohol treatment facilities. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 15-04 § 22 (part), 2015)

17.103.712 Transportation, communication and utility facilities.

“Transportation, communication and utility facilities” means and includes but is not limited to the following: bus passenger stations and terminals; airports, heliports and helistops; taxicab and limousine services; radio and television broadcasting towers; recycling collection centers; truck stops, truck terminals and courier services; marinas; railroad facilities; and emergency medical services. Particular districts may specify some of these uses and not others. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.716 Tree.

“Tree” means any self-supporting, woody perennial plant having a trunk diameter of two inches or more which normally grows at maturity to an overall height of a minimum of fifteen feet. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.720 Usable open space.

“Usable open space” means that required portion of an apartment or multiple-family residential development, unoccupied by principal or accessory buildings and available to all occupants of the building or development. The space of minimum prescribed dimensions shall be unobstructed to the sky and shall not be devoted to storage, service driveways or off-street parking or loading berths but shall be usable for greenery, recreational space or other leisure activities. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.730 Use.

“Use” means an activity or purpose for which land or premises, or a building thereon, is designed, arranged or intended, or for which it is occupied or maintained, let or leased. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.750 Variance.

“Variance” means a minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading regulations as applied to specific property when, because of particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship or practical difficulty upon the owner, as distinguished from a mere inconvenience or a desire to make a profit. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.770 Yard.

“Yard” means a space on the same lot with a principal building, which is open, unoccupied and unobstructed by buildings or structures from the ground to the sky except where encroachments and accessory buildings are expressly permitted. A yard may contain a parking and/or loading area unless otherwise specified by these regulations. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.780 Yard, front.

“Front yard” means a space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the cases of a double frontage lot, both spaces with street frontage shall be considered front yards. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.790 Yard, rear.

“Rear yard” means a space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.800 Yard, side.

“Side yard” means a space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.830 Zero lot line.

“Zero lot line” means the location of a building on a lot in such a manner that one or more building sides have no side building setback and rest directly on a side lot line. In the case of a fee simple townhouse unit located between two other such units, its side building line is considered “zero lot line.” (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)

17.103.840 Zoning.

“Zoning” means the regulation of the use of private lands or the manner of construction related thereto in the interest of achieving the city’s comprehensive plan and other valid public purposes. Such regulations also govern those public and semipublic land uses and buildings which provide for proprietary-type service for the community’s benefit as contrasted with governmental activities. Governmental activities are encouraged to cooperate under these regulations to secure harmonious city development. (Ord. 18-10 § 1 (part), 2018: Ord. 17-06 § 1 (part), 2017: Ord. 16-02 § 1 (part), 2016: Ord. 95-769 § 5 (part), 1995)