Chapter 17.10
DEFINITIONS

Sections:

17.10.010    Rules for interpretation.

17.10.020    Definitions.

17.10.010 Rules for interpretation.

(1) For the purposes of the zoning code, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this code.

(2) Words used in the present tense include the future.

(3) The plural includes the singular and vice versa.

(4) The words “will” and “shall” are mandatory.

(5) The word “may” indicates that discretion is allowed.

(6) The word “used” includes designed, intended or arranged to be used.

(7) The masculine gender includes the feminine and vice versa.

(8) Distances shall be measured horizontally unless otherwise specified. (Ord. 24-005 Exh. A; Ord. 07-012 § 1).

17.10.020 Definitions.

“Access easement” means a private easement not less than 20 feet wide which provides vehicular access to a street.

“Accessory dwelling” is a separate dwelling unit (apartment) integrated within a single-family dwelling, or one located as a detached accessory dwelling located on the same lot as a single-family dwelling.

“Accessory use” or “accessory building” means a use, structure, building, or portion of a building devoted to an activity or use subordinate to the principal use of the premises, but located on the same lot as the principal use.

“Administrator” or “zoning administrator” means the mayor of the city of Kittitas or his/her designee.

“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four people with functional disabilities who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six persons may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.110).

“Agricultural direct marketing activities” means those accessory activities associated with the retail sale of agricultural products produced on and off the premises. This includes the sale of nonagricultural products (e.g. crafts, antiques, kitchen goods, etc.), educational classes and tours, commercial farm rides on premises, and temporary food services.

“Agricultural enhanced uses (AEU)” refers to a use that is accessory to a working farm, approved winery, distillery, cider house or brewery or any agricultural, horticultural, or agribusiness operation that is open to the public for the purpose of enjoyment, education, or active involvement in the activities of the agricultural operation. These activities must be related to agriculture, and incidental to the primary operation on the site. The retail sales of agricultural related products is considered accessory and subordinate to the agricultural operation when the products sold are grown or produced on site.

“Agricultural sales – enhanced” means the selling of agricultural products grown or raised locally that have been enhanced to improve market value. Enhanced agricultural sales activities include, but are not limited to: sales of prepared food or beverages, crafts, floral arrangements; and tasting rooms. Marijuana product sales are excluded. Enhanced agricultural sales operations may also include the retail sale of fresh or unprocessed agricultural products.

“Agricultural seasonal harvest festivities” means those temporary and accessory activities associated with the sale of annual harvest crops. These accessory activities may include live music, temporary food service establishments, vendors other than the owners or operators of the farm, commercial farm rides on the premises and recreational activities (e.g., corn mazes, craft booths, etc.).

“Agriculture processing” includes but is not limited to feed mills, canneries, preparation of agriculture product (produce washing, boxing, bulk packaging, baling, etc.), animal slaughter and meat preparation.

“Agriculture production” means raising of crops, animals and other agricultural products. Definition excludes feedlots, which are defined separately.

“Agriculture sales” includes, but is not limited to, private or public sales (including auctions) of agricultural products such as fruit/produce, eggs, milk, cheese, and livestock that expand beyond the restrictions for agricultural direct marketing activities.

“Alley” means a public thoroughfare or way which affords only a secondary means of access to abutting property but not intended for general traffic circulation.

“Alteration” means a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the size or increasing the height or depth or moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one third of a single floor area shall be considered an alteration.

“Amendment” means a change in the wording, context or substance of this title or a change in the zone boundaries upon the zoning maps adopted hereunder.

“Animal shelter” means a building or structure (including outdoor fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild.

“Applicant” means any person, entity or government agency that applies for a development proposal, permit or approval subject to review under city codes and ordinances.

“Application” means a request for any permit or approval required from the city for proposed development or action, including without limitation building permits, conditional uses, binding site plans, short subdivisions, major subdivisions, variances, site plan development permits, site plan reviews and site-specific zoning district reclassifications.

“Automobile-oriented use” means any use of land which provides a service directly to a motor vehicle; or which provides goods or services to the occupants of a motor vehicle while seated therein; or which is a freestanding eating establishment characterized by over-the-counter service of preprepared or quickly prepared food which is ready to eat and packaged primarily for consumption in vehicles or off-premises. For the purpose of this chapter, automobile-oriented uses shall include, but not be limited to, such uses as service stations, car washes, drive-in banks, drive-in laundries or dry cleaners, and freestanding drive-in or carry-out eating establishments. Automobile-oriented uses shall not be interpreted to include vehicle sale, rental and service establishments.

“Average grade” means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site.

“Bed and breakfast room/inn” means an owner-occupied single-family dwelling in which not more than three bedrooms for not more than six guests total are rented for money or other consideration to the traveling public with the provisions for food service for guests only.

“Big box retail” means retail outlets occupying a footprint of 100,000 or more square feet, often using warehousing and retail together.

“Boarding house” means a dwelling unit in which not more than four roomers, lodgers or boarders are housed or fed for compensation. Boarding housing shall not include rest homes or convalescent homes.

“Brewery” means a structure, building or place that produces beer, or a business involved in the production of beer (also see “Micro-brewery”).

“Building” means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

“Building area, building site” means the portion of a lot within which a structure may be built, bounded by the yard areas, lot coverage standard and other applicable provisions of the Kittitas Municipal Code.

“Building height” means the vertical distance measured from the average elevation of the natural grade adjacent to the building foundation, to the highest point of the roof, excluding chimneys, antennas, church spires and other secondary roof structures.

“Building line” means a line, fixed parallel to the lot line, beyond which a building cannot extend.

“Bus stop” means a facility where bus passengers are picked up and dropped off, including waiting areas, but not including service or storage facilities for buses.

“Commercial” means a business use or activity at a scale greater than home occupation involving retail or wholesale marketing of goods and services.

“Commercial kennel” means a place where three or more dogs four months of age or older are kept, whether by the owner, or by other persons, providing facilities for care, boarding and/or training in exchange for compensation, but not including small animal hospitals, clinics, pet shops or grooming shops.

“Comprehensive plan” means the comprehensive plan of the city of Kittitas.

“Conditional use” means a use allowed in one or more zones which, because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding property and for other similar reasons, may be allowed in certain use districts only by the granting of a conditional use permit as described in this title.

“Condominium” means a single- or a multi-unit dwelling, each of whose resident (unit) owner enjoys exclusive ownership of his individual apartment or unit, holding title thereto, while retaining an undivided interest, as tenants in common, in the common facilities and areas of the building and grounds which are used by all the residents of the condominium.

“Corner lot” means a lot that abuts two or more intersecting streets.

“Dangerous waste” means those wastes designated in WAC 173-303-070 through 173-303-103 and subsequent amendments as dangerous or extremely hazardous.

“Day care center” means a state-licensed facility that regularly provides care for 13 or more children during part of the 24-hour day as defined in RCW 35.63.170 as it now exists or as may be hereafter amended, and conducted in a place of business other than a residence. For the purposes of this code a “day care center” may include preschool activity.

“Day care home” means the residence of a state-licensed day care provider who regularly provides day care for not more than 12 children in the family living quarters. For the purposes of this code, a “day care home” may include preschool activity.

“Density” means the maximum number of permitted dwelling units allowed on each gross acre of land or fraction thereof.

“Designated manufactured home” means a manufactured home that meets the following:

(1) Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

(2) Was originally constructed with and now has a composition or wood shake or shingle, coated metal or similar roof of not less than 3:12 pitch; and

(3) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.

“Detached building” means a building surrounded on all sides by open space.

“Developer” means any person, corporation, government agency, partnership or other entity that makes application for a proposal, permit, approval or action governed by the codes and ordinances of the city.

“Development” means any manmade use or change to improved or unimproved real estate, including without limitation: the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings or any other structures; mining, filling, stockpiling; excavation and grading; and divisions of land.

“Drive-up food service” means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive food service while remaining in a motorized vehicle.

“Duplex dwelling” means a single structure containing two individual, separate dwelling units designed for occupancy by two families and connected by a common vertical wall or, in the case of a multi-story building, by common ceiling and floor.

Dwelling, multifamily. See “Multifamily dwelling.”

Dwelling, single-family. See “Single-family dwelling.”

“Dwelling unit” means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family.

Easement, access. See “Access easement.”

“Engineer” means an individual licensed by the state of Washington.

“Essential public facilities” include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020.

“Expanded seasonal harvest festivities” allow a farming activity to expand beyond the restrictions for seasonal harvest festivities. The purpose and intent of the conditional use for expanded seasonal harvest festivities is to allow direct marketing of crops to the public. It is not to provide alternative ways to create permanent or semi-permanent sales businesses that would otherwise require a zone reclassification to a commercial zone.

“Fence” means any arrangement of wood, stone, brick, metal, chain link, or other similar material running around, along, or by the side of any open area to prevent or restrict passage or to mark a boundary; provided, that fences composed solely of live shrubbery or plantings shall not be included under this definition. “Fence” does not include the use of materials that are not generally used and/or sold specifically for fencing, such as plywood, metal or fiberglass roofing panels, etc.

“Floor area” or “gross floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts and basements.

“Foster home” or “group home” means a home licensed and regulated by the state and classified by the state as a foster home or group home.

“Front lot line” means that boundary of a lot that is located along a dedicated public right-of-way.

“Front yard” means a yard extending across the full width of the lot, and lying between the front line of the lot and the building setback line.

Garage, parking or commercial. See “Parking or commercial garage.”

Garage, private. See “Private garage.”

“Generator” means any person, business, corporation, government or its operation whose act or process produces dangerous or hazardous waste or whose act first causes a dangerous waste to become subject to regulation under the dangerous waste regulations, Chapter 173-303 WAC or its successor.

“Grade” is defined as follows: the average of the finished ground level at the center of all exterior walls of a building. In case walls are parallel to and are within five feet of a sidewalk, the sidewalk shall be considered the finished ground level.

Grade, average. See “Average grade.”

Grade, natural. See “Natural grade.”

“Handling and processing of hazardous waste” means the use, manufacture, production, storage or other activity involving hazardous substances. Hazardous substance handling is normally found in commercial, industrial and manufacturing activities. It does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons per container.

“Hazardous substances” means any gas, liquid, solid, sludge, including any material, substance, product or commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous wastes.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the state dangerous waste regulations, Chapter 173-303 WAC or its successor.

“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the state dangerous waste regulations, Chapter 173-303 WAC or its successor.

Hazardous waste treatment and storage facility, off-site. See “Off-site hazardous waste treatment and storage facility.”

Hazardous waste treatment and storage facility, on-site. See “On-site hazardous waste treatment and storage facility.”

“Hobby kennel” means a noncommercial kennel and/or cattery at or adjoining a private residence, where four or more adult cats or dogs or combination of cats and dogs, are bred or kept for exhibition, for organized shows, field, working, and/or obedience trials, or for the enjoyment of the species. Adult dogs and/or cats are those dogs and/or cats that are over six months of age.

“Home occupation” means an economic enterprise to make and/or sell a product or perform a service that is conducted or operated within a residential dwelling unit, or building accessory to a residential dwelling unit, by the resident occupant or owner, and which use shall be clearly incidental and secondary to the residential use of the dwelling unit, including the use of the dwelling unit as a business address in a directory or as a business mailing address.

“Home occupation, Type A” means a home occupation, as defined herein, that does not involve customers coming and going from the residence, and within which only family members are employed.

“Home occupation, Type B” means a home occupation, as defined herein, that may involve customers coming and going from the residence, and within which people other than family members may be employed.

“Hospital” means a building designed and used for medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses.

“Hotel” means any building containing four or more guest rooms where lodging, with or without meals, is provided for compensation, where no provisions are made for cooking in any individual room or suite.

“Impervious surface” means any material or structure that prevents the natural absorption of water into the earth.

“Interior lot” means a lot that has frontage on one street only.

“Junk” means old or scrap copper, brass, rope, rags, batteries, paper, boxes, cardboard, glass, tires, mattresses, hay, grass, straw, weeds, litter or trash, rubber debris, waste, old appliances and furniture, any combustible or flammable waste or rubbish, building materials or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

“Junk vehicle” means a vehicle, as defined herein, that is inoperable or damaged, which may include, without limitation, having broken windows or windshields, missing wheels, tires, motors or transmissions. This definition does not apply to any vehicle or those parts thereof completely enclosed within a building in a lawful manner.

“Junk yard” means any lot, parcel, tract of land, building, structure or part thereof used for an establishment or place of business or residence that is maintained, operated, or used for storing, keeping, buying, trading, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills as defined in applicable chapters of the Revised Code of Washington. This definition shall not include recycling centers that are operated in legal conformance to applicable local, state and federal regulations.

Kennels, commercial. See “Commercial kennel.”

Kennels, hobby. See “Hobby kennel.”

“Livestock” means animals kept for use, propagation, or sale. Dogs, fish, house cats, and house pets, other than those with cloven hooves, are not considered livestock for the purpose of this title.

“Lot” means a fractional part of divided land having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, with frontage on a road or access easement.

“Lot area” means the total land area contained within the boundary lines of any lot, tract or parcel of land, exclusive of public rights-of-way, and may be expressed in square feet or acres.

Lot, Corner. See “Corner lot.”

“Lot coverage” means the amount of land covered, occupied or permitted to be covered/occupied by a building or buildings, usually expressed in square feet or percentage of land on the lot, and measured horizontally at the foundation.

“Lot depth” means the horizontal distance between the front lot line and the rear lot line, measured within the lot boundaries.

Lot, interior. See “Interior lot.”

Lot line, front. See “Front lot line.”

Lot line, rear. See “Rear lot line.”

Lot line, side. See “Side lot line.”

Lot, through. See “Through lot.”

“Lot width” means the distance between the side lot lines measured at right angles to the line establishing the lot depth at a point midway between the front lot line and the rear lot line. Any area used as an access easement shall be excluded from the computation of the lot width.

“Manufactured home” means a structure constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, bearing the appropriate insignia indicating such compliance, and designed primarily for residential occupancy by human beings.

Manufactured home, designated. See “Designated manufactured home.”

“Manufactured/mobile home park” means an area of land occupied or designed to be occupied by two or more manufactured/mobile homes, used for permanent dwelling or sleeping purposes, on a lease basis and operated as a single development.

“Medical-dental clinic” means an establishment for treatment of outpatients, and providing no overnight care for patients.

“Micro-brewery” means a brewery making specialty beer (one or more varieties) in limited quantities with an annual production on a scale of 25,000 gallons or less (also see “Brewery”).

“Mini-storage” means a building(s) or site used for temporary indoor or outdoor storage on a commercial basis (excluding the storage of hazardous materials and waste).

“Mixed use” means a development involving a combination of uses including residential, commercial and/or light industrial.

“Mobile home” means a structure, constructed before June 15, 1976, that is transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and bearing the “Mobile Home” insignia of the Washington State Department of Labor and Industries.

“Modular (factory-built) home” means a residential structure which is constructed in a factory in accordance with applicable building codes and bearing the appropriate insignia indicating such compliance, transported to the building site in modules and assembled on-site on a permanent foundation.

“Modulation” means a stepping back or projecting forward of sections of the facade of a structure within specified intervals of structure width and depth, as a means of breaking up the apparent bulk of the continuous exterior walls.

“Motel” means a building containing units that are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers.

“Multifamily dwelling” means a building containing three or more individual, separate dwelling units.

“Multiple-use building” means a building containing uses for more than one land use classification.

“Municipal building” means a structure used to house the general operations of a municipal government, including city halls, county courthouses, etc.

“Natural grade” means the elevation of the ground surface in its natural state, before human-made alterations.

“Nonconforming buildings or structure” means a building, structure, or portion thereof that was legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform with the requirements of this title.

“Nonconforming lot” means a parcel of land, in separate ownership, and of record prior to the effective date of the ordinance codified in this title, which does not conform with the dimensional or area requirements of this title.

“Nonconforming use” means an activity in a structure or on a tract of land that was legally in existence prior to the effective date of the ordinance codified in this title, which does not conform with the use regulations of the use district in which it is located.

“Nursing or convalescent home” means an establishment licensed by the state of Washington which provides full-time care for three or more chronically ill, aged or infirm persons. Such care shall not include surgical, obstetrical or acute illness services which are customarily provided in hospitals.

“Off-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous waste generated on a property other than those on which the facilities are located.

“Off-street parking” means an area devoted to the parking of vehicles and located within the boundaries of a lot.

“On-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous waste generated on the same property.

“Open space” means that portion of a lot or parcel not developed or built upon or occupied by buildings, parking areas, driveways and the like; other than minimal appurtenances such as walkways and recreational facilities designed and intended to make such open space usable and accessible.

“Parking lot” means a land area or building used for the storage of multiple vehicles excluding parking areas for single-family residences.

Parking, off-street. See “Off-street parking.”

“Parking or commercial garage” means a building used for storage, repair or servicing of motor vehicles as a commercial use.

“Parking space” means an unobstructed space or area, other than a street or alley, which is permanently reserved and maintained for the parking of one motor vehicle.

“Person” means any person, firm, business, corporation, partnership or other associations or organization, marital community, municipal corporation, or governmental agency.

“Person with functional disabilities” means:

(1) A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:

(a) Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or

(b) Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or

(c) Having a physical or mental impairment which substantially limits one or more of such person’s major life activities; or

(d) Having a record of having such an impairment; and

(2) A person being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance.

“Primary or principal use” means the predominant use of the land or building to which all other uses are secondary.

“Private garage” means an accessory building or space within the principal building intended for the storage of vehicles.

“Professional office” means an office occupied by doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers and surveyors, and persons engaged in other similar occupations.

“Property line” means a line bounding and indicating the ownership, or intended ownership, of a parcel of land.

“Public facility” means land or structures owned by or operated for the public use and necessity.

“Rear lot line” means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, rear lot line means a line 10 feet in length that is either parallel to the front lot line, or intersects the two other lot lines at points most distant from the front lot line.

“Rear yard” means a yard extending across the full width of the lot and lying between the back line of the lot and the building setback line, and typically abutting platted alleys.

“Recreational facilities” means a structure or use designed to provide indoor or outdoor recreation opportunities for the public.

“Recreational vehicle” means a vehicular-type unit primarily designed as a temporary living quarters for recreational, camping or travel use with or without motor power, of such size and weight as not to require special highway movement permit and certified by the Washington Department of Labor and Industries as evidenced by the attachment of a “green” seal.

“Recreational vehicle or trailer parks” means an area established for the overnight parking, on a temporary basis, of recreational vehicles. Any or all of the following amenities could be provided: electricity, water, and waste disposal connections, public restrooms and baths, snack bar, commercial facilities for convenience items, and picnic area.

“Recycling center” means a facility where discarded recyclable products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing (excluding drop stations).

“Rezone” means a change in classification from one zoning district to another.

“Right-of-way” means the platted, dedicated or reserved portion of a development for purposes of a public street or alley for vehicular and/or pedestrian access.

“Screen, screening” means a continuous fence, hedge or combination of both which obscures vision through 80 percent or more of the screen area, not including drives or walkways.

“Service station” means a place used for the repair, servicing and/or supplying of gasoline and oil for motor vehicles.

“Setback” means the minimum distance required by this title for buildings to be set back from property, rights-of-way or access easements.

“Setback area” means the lot area between the lot lines and the setback lines.

“Setback line” means a line which is parallel to a lot line or access easement located at the distance required by the setback.

“Side lot line” means any property line that is not a front or rear lot line.

“Side yard” means a yard between the side line of the lot and the nearest point of the building, exclusive of eaves and cornices on pitched roofs, and extending from the front yard to the rear yard.

“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business or profession.

“Sign, temporary” means any sign not displayed for more than 60 days and less than 32 square feet in area.

“Single-family dwelling” means a detached building containing one dwelling unit.

“Site plan” means a scale drawing which identifies and shows areas and locations of all streets, roads, improvements, utilities, open spaces, and other information specified herein.

“Street” means the public or private right-of-way or easement which provides vehicle access to abutting property.

“Street lot line” means the boundary between a street right-of-way and abutting property.

“Street setback” means the minimum distance required for buildings to be set back from the street lot line.

“Street side yard” means a yard area that is adjacent to a public street right-of-way, but that does not provide the primary vehicular access to the residential structure, and that does not serve as the street address for the residence.

“Structural alteration” means any change to the supporting members of a structure, including but not limited to, foundations, bearing walls or partitions, columns, beams, girders, trusses or any structural change in the roof or exterior walls.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground, not including utility poles and related pad or ground-mounted distribution equipment, residential fences less than six feet high, retaining walls, rockeries and other similar improvements of a minor character less than four feet high.

“Telecommunication facility” means a facility for the transmission and/or reception of radio frequency (RF) signals usually consisting of an equipment shelter or cabinet, a support structure and/or other transmission and reception devices, including antenna(s) and dishes.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures that have no required permanent attachment to the ground.

“Temporary use” means a use located on a lot, for a period not to exceed six months, with the intent to discontinue such use after the time period expires.

“Through lot” means a lot that fronts on two parallel or nearly parallel streets.

“Use” means the purpose which land or structures now serve or for which they are occupied, maintained, arranged, designed or intended.

“Utility uses/structure” means equipment installations for utility and service purveyors including, but not limited to, telephone exchanges, electrical substations, water reservoirs, pump stations and similar facilities of service providers, whether or not such company is privately owned or owned by a governmental entity.

“Variance” means a modification of the regulations because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property, where the literal enforcement of this code would pose undue hardship unnecessary in carrying out the spirit of this code.

“Vehicle” means a transportable device designed to carry passengers or goods or particular property.

“Warehouse” means a structure used for the storage of goods and materials.

“Winery” means a structure, building or place that produces wine, or a business involved in the production of wine. “Winery” may include a tasting room, banquet hall and/or gift shop for the sale of wine and related items.

“Winery, small-scale” means a structure, building or place that produces wine with an annual production of 25,000 gallons or less. “Winery, small-scale” may include a tasting room and/or gift shop, of less than 1,000 square feet, for the sale of wine and related items.

“Wrecking/junk yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts, or the storage of motor vehicles unable to be moved under the power of the vehicle.

“Yard” means an open space on a lot, lying between the property line and building line, which is unobstructed from the ground upward except as otherwise provided for in this code.

Yard, front. See “Front yard.”

Yard, rear. See “Rear yard.”

Yard, side. See “Side yard.”

Yard, street side. See “Street side yard.”

“Zone, zone district” means a defined area of the city within which the use of land is regulated and certain uses permitted and other uses excluded as set forth in this title.

“Zoning envelope” means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and other bulk regulations.

“Zoning map” means the map delineating the boundaries of districts that, along with the zoning text of this code, comprise the zoning ordinance of the city. (Ord. 24-005 Exh. A; Ord. 07-012 § 1).