17.04.070 Definitions.
Certain terms, words, and phrases in this chapter shall be interpreted or defined as follows:
“Access” means way or means of approach to provide physical entrance to a property.
“Accessory building” means a minor building that is located on the same lot as a principal building and is used incidentally to a building that houses a principal use, including gazebos, garages, carports, sheds, greenhouses, patio covers, solariums, and similar roofed structures.
“Accessory dwelling unit” means a habitable living unit that provides the basic requirements of shelter, heating, cooking and sanitation and meets the standards provided in Section 17.56.125.
“Accessory use” means a use incidental and subordinate to a permitted use and located on the same lot or contiguous lots of single ownership, or in the same building as permitted use.
“Administrator” means the planning and development department.
“Adult entertainment establishment” shall include any adult cabaret or adult entertainment facility as defined under Chapter 5.34.
“Alley” means a public right-of-way at least ten (10) feet wide but not more than twenty (20) feet wide which has been dedicated or deeded to the public for public use affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.
“Annexation” means the incorporation of a land area into the city of Aberdeen with a resulting change in boundaries.
“Bed and breakfast inn” means any building or group of buildings on the same lot in which the operator lives in one (1) of the buildings and offers one (1) or more guest room for rent where the guests do not stay for more than thirty (30) consecutive days.
“Board of adjustment” means the hearing examiner system established by Chapter 2.30.
“Boarding house” means any building or group of buildings located on the same lot containing a total of more than five (5) guest rooms and where meals are provided by the management as a part of the consideration for the guest rooms.
“Bond” means a surety bond, cash deposit, escrow account, assignment of savings, irrevocable letter of credit or other means acceptable to, or required by, the city to guarantee work is in compliance with all applicable city requirements.
“Buildable area” means the space remaining on a building lot after the minimum zoning requirements, including but not limited to lot coverage, building setbacks, landscaping, and parking, have been met.
“Building” means a structure used or intended for supporting or sheltering any use or occupancy.
“Building height” means the vertical distance of a building measured from the average elevation of the finished grade measured where the walls will intersect the ground to the highest point of the roof.
“Building setback line” means a line which establishes a definite point beyond which the foundation of a building shall not extend.
“Caretaker’s residence” means a dwelling unit located on the premises of a commercial, industrial or public enterprise, and which is occupied by a person who is the owner, proprietor, manager, watch guard, or is otherwise at times in charge of such enterprise.
“Cargo containers” means standardized reusable vessels that were (1) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or (2) designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms “transport containers” and “portable site storage containers” having a similar appearance to and characteristics of cargo containers.
“Change of use” means any use which substantially differs from the previous use of a building or land.
“Child care facility” means a building or structure where an agency, person or persons regularly provide care for a group of children for periods less than twenty-four (24) hours per day, as home day care, mini day care, and commercial day care.
“Child day care” means provision of supplemental parental care and supervision for a nonrelated child or children, on a regular basis for less than twenty-four (24) hours per day and under license by the Washington State Department of Social and Health Services. The term is not intended to include babysitting services of a casual, nonrecurring nature or in the child’s home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes. “Child day care” types include “home day care,” “mini day care” and “commercial day care.”
“Church” means a building intended primarily for religious worship and accessory uses including Sunday school, religious education classrooms, assembly rooms, a kitchen, a library or reading room, a recreation hall, or a one (1) family dwelling for religious staff, but excluding child care services, parochial schools, and facilities for the training of religious orders.
“Club” means a nonprofit, social organization whose premises are generally restricted to members and their guests.
“Cluster” means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and the preservation of sensitive features.
“Cluster subdivision” means a form of development for residential subdivisions that permits a reduction in requirements and allows common wall construction techniques; provided, there is no increase in the number of lots or the number of dwellings permitted under a conventional subdivision and the resultant land is devoted to open space.
“Commercial day care” means a child care facility for the care of thirteen (13) or more children.
“Conditional use” means a category of uses listed within a zoning district that requires review before the board of adjustment to determine their compatibility with the surrounding area and comprehensive plan.
“Condominium” means a building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Condominiums, cooperatives and like property and buildings shall be treated in this title in a like manner regardless of whether the properties and buildings are condominiums, cooperatives, or are in a single ownership. This provision applies to residential, commercial and industrial condominiums and cooperatives.
“Day” means a calendar day beginning at midnight and ending on the following midnight.
“Density” means the total number of square feet in a lot divided by the number of dwelling units located on the lot.
“Department” means the Aberdeen planning and economic development department.
“Duplex” means a structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by a common wall.
“Dwelling” means a building designed exclusively for residential purposes, including “single-family dwellings,” “duplexes,” “condominiums,” “townhomes,” and “multiple family dwellings,” but not including hotels or motel units without a kitchen.
“Dwelling unit” means one (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters with sleeping and sanitary facilities provided within the dwelling unit for use of a single family maintaining a household.
“Eating and drinking places” means retail establishments selling food and/or drink.
“Excavation, surface” means removal or recovery of soil, rock, minerals or organic substances other than vegetation, from land or land on or beneath the surface of water; provided, however, that dredging for navigational purposes or excavation for utilities shall not be included within this definition.
“Family” means an individual, or two (2) or more persons related by blood, marriage or legal custody, or a group of not more than five (5) persons who are not all related by blood, marriage or legal custody living together in a dwelling unit.
“Fence” means a structure serving as a barrier that wholly or partially encloses a field, yard, or other real property, excluding retaining walls not more than one (1) foot above finished grade; for the purposes of this title, plant material is not considered a fence.
“Gross floor area” means the total usable horizontal area of a building, excluding attics.
“Group care living facilities, homes” means a place of residence for the handicapped, physically or mentally disabled, developmentally disabled, homeless or otherwise dependent persons. Group homes are intended to provide residential facilities in a home-like environment. Such homes range from licensed establishments operated with twenty-four (24) hour supervision to nonlicensed facilities offering only shelter. They shall not include correctional facilities (except as authorized by Chapters 137-56 and 137-57 WAC for work/training release programs), nursing homes, foster family homes or adult family homes as defined by the Washington State Department of Social and Health Services or its successor agency. Group homes include, but are not limited to, the following:
1. Confidential Shelters. Shelter for victims of domestic violence as defined and regulated in Chapter 70.123 RCW and Chapter 388-61A WAC. Such facilities are characterized by a need for confidentiality.
2. Home for the Disabled. A home or other facility which provides board and domiciliary care to individuals who, by reason of infirmity, require such care. An infirmity may be based on conditions including, but not limited to, physical handicap, mental illness and other developmental disabilities. These group homes are a type of boarding home, as defined in Chapter 18.20 RCW. However, boarding homes serving the aged infirm are not included in this definition.
3. Homeless Shelter. A facility offering lodging and/or emergency shelter to homeless individuals for an indefinite period of time and meeting the standards of Chapter 248-144 WAC.
4. Group Home for Youth. Any home maintained and operated for the care of children on a twenty-four (24) hour basis as defined and regulated in Chapter 388-73 WAC and Chapter 74.15 RCW.
5. Group Home for Offenders. A home or other facility operated for housing and supervision of work/training release residents during their stay in a work/training release program as defined and regulated in Chapters 137-56 and 137-57 WAC.
6. Group Living. Living facilities for groups of unrelated individuals that include at least one (1) person residing on site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents.
“Home day care” means a child care facility for the care of ten (10) or fewer children located in the family dwelling of the provider. All services must be provided by members of the resident family.
“Home occupation” means a commercial activity that is conducted within a dwelling unit or an accessory building by the person(s) residing on the property and which is secondary to the use of the premises as a dwelling unit.
“Hotel” means a facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities. See “motel,” “boarding house,” and “bed and breakfast inn.”
“Junk” means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition.
“Kennel” means a premises where four (4) or more dogs, cats or combination thereof, of at least six (6) months of age, are kept by the owners of the animals or by persons providing facilities and care, whether or not compensation is involved. May include indoor and outdoor runs.
“Landscaping” means a strip of land with plants, hedges, fences, walls or similar screening used to visibly separate one use from another or to shield or block noise, glare, or other nuisances.
“Lot” means a tract of land lawfully established and officially recorded in the County Auditor’s office, whether described by metes and bounds and/or by lot or by lot and block designation in a recorded plat, which constitutes a unit of land under single ownership with a minimum of twenty (20) feet of frontage on an improved street.
“Lot area” or “lot size” means the total horizontal area included within the legally defined boundaries of the lot, excluding public rights-of-way.
“Lot, corner” or “corner lot” means a lot at the junction of and abutting on two (2) or more streets where the angle of intersection is one hundred thirty (130) degrees or less.
“Lot depth” means the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line.
“Lot, interior” or “interior lot” means a lot other than a corner lot
“Lot line, front” or “front lot line” means, for corner lots, the shortest boundary of the lot abutting a street. For interior lots, the boundary abutting the street except for “panhandle” lots where the front lot line shall be the boundary line (extended the width of the lot) which represents the intersection of the driveway portion of the lot with the buildable area of the lot.
“Lot line, rear” or “rear lot line” means the boundary of the lot opposite and most nearly parallel to the front lot line.
“Lot line, side” or “side lot line” means any lot line which is not a front lot line or a rear lot line.
“Lot width” means the mean horizontal dimension of a lot measured between the side lot lines, approximately parallel to the street frontage.
“Low impact development (LID)” means a stormwater and land management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning and distributed stormwater management practices that are integrated into a project design.
“Low impact development best management practices (BMPs)” means low impact development best management practices or stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water reuse.
“Low impact development principles” means low impact development principles and land management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff.
“Manufactured home” means a single-family dwelling built to 42 U.S.C. 5401 through 5403 standards (as amended in 2000). A mobile home, modular home, commercial coach, or recreational vehicle is not a manufactured home.
“Manufactured home, new” or “new manufactured home” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2).
“Manufactured home park” or “mobile home park” means a tract of land under single ownership or control upon which two (2) or more manufactured homes occupied as dwellings may be located.
“Metes and bounds” means a means of legally describing land where a high degree of accuracy is required. “Metes” refers to distances, where “bounds” refers to boundaries revealed by monuments and landmarks. The description starts at an easily identifiable point of beginning, following boundaries for precise distances and ultimately returning to the point of beginning.
“Mini day care” means a child care facility for the care of twelve (12) or fewer children; when located in a residence, the portion where the children have access must be separate from the family living quarters, or that portion where the children have access must be used exclusively for their care during the hours that the child care center is operating.
“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Act.
“Motel” means a facility offering accommodations containing five (5) or more rooms with at least twenty-five (25) percent having direct access to the outside without the necessity of passing through the main lobby of the building. See “hotel,” “boarding house,” and “bed and breakfast inn.”
“Multiple family dwelling” means a building containing three (3) or more dwelling units.
“Nonconforming” shall have the definition set forth in Chapter 17.92.
“Open space” means an area that is legally and practically accessible to the residents of the development, that is not encumbered with any substantial structure, devoted to use as a roadway, parking area or sidewalk and is left in its natural or undisturbed state as of the date development began. Minor improvements may be made to open space areas to accommodate the cutting of trails, or, if unwooded, to landscape for ball fields, picnic areas and similar facilities or to create a wooded or natural area. No more than twenty-five (25) percent of an open area may lie within a floodplain or floodway.
“Ownership” means possession of real estate or a legal contract to purchase or lease real estate, assigning sole or preemptive right to use or occupy real estate for a specified period of time.
“Permitted use” means a use by right which is specifically authorized in a particular zoning district.
“Personal and professional services” means beauty and barber shops; offices for doctors, dentists and others engaged in human healing arts, provided no overnight care is given; mortuary; offices for engineers, attorneys, architects, real estate, insurance, travel agencies, ambulance services and bail bonds; and other services similar to the above to which the sale or repair of merchandise or equipment is incidental.
“Planning commission” means the city of Aberdeen planning commission.
“Primary use” means the main use of land or structures as distinguished from an accessory use.
“Public and semi-public uses” means a structure or activity housing such uses as public and private schools, public assembly areas, public and private recreational facilities, places of worship, mortuaries and cemeteries, libraries, police and fire stations, public parking areas, fish hatcheries and pens, and watersheds; excluding those listed as unclassified uses.
“Recreational open space” means a portion of a lot or a building available for the recreational use of the residents of the lot.
“Recreational vehicle” means a vehicular type unit designed as temporary living quarters for recreational camping or travel uses, with or without motive power. This definition includes vehicles such as travel trailers, camping trailers, truck campers and motor homes. A recreational vehicle is not a mobile home.
“Recreational vehicle park” means a private or public recreational facility on which two (2) or more recreational trailers or vehicles are parked or located.
“Recycling drop box” means a structure or box with a top, enclosed on four (4) sides, and with an opening or door in which recyclable materials are placed or deposited. A recycling drop box under this definition shall have no more than two hundred (200) square feet of floor area. Included within this definition are metal recycling collection drop boxes and recycling reverse vending machines. Recycling drop boxes may be within or outside of a building.
Sales – “garage sales” or “yard sales” means the sale of used household personal items by the owner thereof, usually on residential premises.
“Sales, incidental wholesale/retail” or “incidental wholesale/retail sales” means occasional wholesale and/or retail sales where less than fifty (50) percent of the total sales volume conducted on or from a business premises.
“Sales, retail” or “retail sales” means sales for direct consumption and not for resale.
“Sales, secondhand” or “secondhand sales” means sales of items previously used by other persons, excluding garage sales and yard sales.
“Sales, wholesale” or “wholesale sales” means sales for resale, not for direct consumption.
“Sign” means any device that is sufficiently visible to persons not located on the lot where such device is located and is designed to attract the attention of such persons or to communicate information to them.
“Sign, billboard” or “billboard sign” means any message, word, symbol, design, picture or visual medium which is intended to draw attention to a product, service, business, person, institution, or location and is placed or painted on the ground, or on any tree, wall, fence, rock, structure or thing whatsoever, whether indoor or outdoor, so as to be visible from off premises, exclusive of legal notices, and safety and directional signs posted by public agencies.
“Sign, freestanding” or “freestanding sign” means a sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.
“Sign, off-premises” or “off-premises sign” means a sign that draws attention to or communicates information about a business, service, or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located.
“Sign, portable” or “portable sign” means a sign that is not permanently affixed to a building, structure, or the ground except for temporary signs.
“Sign, temporary” or “temporary sign” means a sign that: (1) is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (2) is intended to remain on the location where it is erected or placed for a period of not more than thirty (30) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
“Single-family dwelling” means a building containing one (1) dwelling unit on a lot intended for occupancy by one (1) family.
“Special use” means a category of uses listed within a zoning district that requires review before the planning commission and city council to determine their compatibility with the surrounding area and comprehensive plan.
“Street” means land designated by the city of Aberdeen or the state of Washington as a thoroughfare and which affords the primary means of access to abutting property or private land.
“Surface, impervious” or “impervious surface” means ground or covered ground through which water cannot percolate.
“Townhome” means a building designed exclusively for occupancy by one (1) family and containing one (1) dwelling unit, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one (1) or more other dwelling units by common walls which may be located on lot side lines.
“Unclassified use” means a use possessing characteristics of such unique and special form as to make impractical its being made automatically and consistently permissible in any defined classification or zone as set forth in this title, such as airports, landing fields, heliports, correctional institutions, public transit facilities, power-generating plants, utility booster stations and conversion plants, sewage treatment plants, quarrying and mining, and commercial excavation.
“Urban services area” means that area, both within the city and outside it, which is either presently served or is slated to be served by the water and sewer systems of the city of Aberdeen.
“Use” means the activity or function that actually takes place or is intended to take place on a lot.
“Variance” means a device granted by the board of adjustment which provides relief to a property owner from certain provisions of this title when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in the denial of the rights and privileges allowed to other properties in the vicinity.
“Vision clearance triangle” means formed by the intersection of two (2) street rights-of-way.
“Yard” means an open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the depth required by this title.
“Yard, front” or “front yard” means a yard extending the full width of the lot abutting the front lot line to the depth required by this title.
“Yard, rear” or “rear yard” means a yard extending the full width of the lot abutting the rear lot line to the depth required by this title.
“Yard, side” or “side yard” means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists and abutting a side yard lot to the depth required by this title.
Prior to the adoption of 6521 on 10/26/2011, Section 17.04.070 read as follows.
Certain terms, words, and phrases in this ordinance shall be interpreted or defined as follows:
1. "Access" means way or means of approach to provide physical entrance to a property.
2. "Accessory building" means a minor building that is located on the same lot as a principal building and is used incidentally to a building that houses a principal use, including gazebos garages, carports, sheds, green houses, patio covers, solariums, and similar roofed structures.
3. "Accessory use" means a subordinate use which is customarily incidental to the permitted use.
4. "Administrator" means the Planning and Development department.
5. "Adult entertainment establishment" shall include any adult cabaret or adult entertainment facility as defined under chapter 5.34 of the Aberdeen Municipal Code.
6. "Alley" means a public right-of-way at least ten feet wide but not more than twenty (20) feet wide which has been dedicated or deeded to the public for public use affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.
7. "Annexation" means the incorporation of a land area into the city of Aberdeen with a resulting change in boundaries.
8. "Bed and breakfast inn" means any building or group of buildings on the same lot in which the operator lives in one of the buildings and offers one or more guest room for rent where the guests do not stay for more than thirty (30) consecutive days.
9. "Board of adjustment" means the city of Aberdeen Board of Adjustment.
10. "Bond" means a surety bond, cash deposit, escrow account, assignment of savings, irrevocable letter of credit or other means acceptable to, or required by, the city to guarantee work is in compliance with all applicable city requirements.
11. "Boarding house" means any building or group of buildings located on the same lot containing a total of more than five guest rooms and where means are provided by the management as a part of the consideration for the guest rooms.
12. "Buildable area" means the space remaining on a building lot after the minimum zoning requirements, including but not limited to lot coverage, building setbacks, landscaping, and parking, have been met.
13. "Building" means a structure used or intended for supporting or sheltering any use or occupancy.
14. "Building height" means the vertical distance of a building measured from the average elevation of the finished grade measured where the walls will intersect the ground to the highest point of the roof.
15. "Building setback line" means a line which establishes a definite point beyond which the foundation of a building shall not extend.
16. "Caretaker's residence" means a dwelling unit located on the premises of a commercial, industrial or public enterprise, and which is occupied by a person who is the owner, proprietor, manager, watch guard, or is otherwise at times in charge of such enterprise.
17. "Change of use" means any use which substantially differs from the previous use of a building or land.
18. "Child care facility" means a building or structure where an agency, person or persons regularly provide care for a group of children for periods less than twenty-four (24) hours per day, as home day care, mini day care, and commercial day care.
19. "Child day care" means provision of supplemental parental care and supervision for a nonrelated child or children, on a regular basis for less than twenty-four (24) hours per day and under license by the Washington State Department of Social and Health Services. The term is not intended to include babysitting services of a casual, nonrecurring nature or in the child's home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes. "Child day care" types include "home day care", "mini day care" and "commercial day care".
20. "Commercial day care" means a child care facility for the care of thirteen (13) or more children.
21. "Church" means a building intended primarily for religious worship and accessory uses including Sunday School, religious education classrooms, assembly rooms, a kitchen, a library or reading room, a recreation hall, a one family dwelling for religious staff, but excluding child care services, parochial schools, and facilities for the training of religious orders.
22. "Club" means a nonprofit, social organization whose premises are generally restricted to members and their guests.
23. "Cluster" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and the preservation of sensitive features.
24. "Cluster subdivision" means a form of development for residential subdivisions that permits a reduction in requirements and allows common wall construction techniques; provided, there is no increase in the number of lots or the number of dwellings permitted under a conventional subdivision and the resultant land is devoted to open space.
25. "Conditional use" means a category of uses listed within a zoning district that requires review before the board of adjustment to determine their compatibility with the surrounding area and comprehensive plan.
26. "Condominium" means a building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Condominiums, cooperatives and like property and buildings shall be treated in this title in a like manner regardless of whether the properties and buildings are condominiums, cooperatives, or are in a single ownership. This provision applies to residential, commercial and industrial condominiums and cooperatives.
27. "Day" means a calendar day beginning at midnight and ending on the following midnight.
28. "Density" means the total number of square feet in a lot divided by the number of dwelling units located on the lot.
29. "Department" means the Aberdeen Planning and Economic Development Department.
30. "Dwelling" means a building designed exclusively for residential purposes, including "single-family dwellings", "duplexes", "condominiums", "townhomes", and "multiple family dwellings", but not including hotels or motel units without a kitchen.
31. "Dwelling unit" means one or more rooms, designed, occupied or intended for occupancy as separate living quarters with sleeping and sanitary facilities provided within the dwelling unit for use of a single family maintaining a household.
32. "Duplex" means a structure on a single lot containing two dwelling units each of which is totally separated from the other by a common wall.
33. "Eating and drinking places" means retail establishments selling food and/or drink.
34. "Excavation, surface" means removal or recovery of soil, rock, minerals or organic substances other than vegetation, from land or land on or beneath the surface of water; provided, however, that dredging for navigational purposes or excavation for utilities shall not be included within this definition.
35. "Family" means an individual, or two or more persons related by blood, marriage or legal custody, or a group of not more than five persons who are not all related by blood, marriage or legal custody living together in a dwelling unit.
36. "Fence" means a structure serving as a barrier that wholly or partially encloses a field, yard, or other real property, excluding retaining walls not more than one foot above finished grade, for the purposes of this title, plant material is not considered a fence.
37. "Gross floor area" means the total usable horizontal area of a building, excluding attics.
38. "Group care living facilities" means a residential service facility of which staff persons are present on a continuous basis for the purpose of treating, caring for, teaching, training or supervising five or more persons. Facilities included in this definition include, but are not limited to, convalescent homes, rest homes and group homes.
39. "Home day care" means a child care facility for the care of ten or fewer children located in the family dwelling of the provider. All services must be provided by members of the resident family.
40. "Home occupation" means a commercial activity that is conducted within a dwelling unit or an accessory building by the person(s) residing on the property and which is secondary to the use of the premises as a dwelling unit.
41. "Hotel" means a facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities. See motel, boarding house, and bed and breakfast inn.
42. "Junk" means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition.
43. "Kennel" means a premises where four or more dogs, cats or combination thereof, of at least six months of age, are kept by the owners of the animals or by persons providing facilities and care, whether or not compensation is involved. May include indoor and outdoor runs.
44. "Landscaping" means a strip of land with plants, hedges, fences, walls or similar screening used to visibly separate one use from another or to shield or block noise, glare, or other nuisances.
45. "Lot" means a tract of land lawfully established and officially recorded in the county auditor's office, whether described by metes and bounds and/or by lot or by lot and block designation in a recorded plat, which constitutes a unit of land under single ownership with a minimum of twenty (20) feet of frontage on an improved street.
46. "Lot area" or "lot size" means the total horizontal area included within the legally defined boundaries of the lot, excluding public rights-of-way.
47. Lot, corner or "corner lot" means a lot at the junction of and abutting on two or more streets where the angle of intersection is one hundred thirty (130) degrees or less.
48. "Lot depth" means the horizontal distance between the mid point of the front lot line and the mid point of the rear lot line.
49. Lot, Interior or "interior lot" means a lot other than a corner lot.
50. "Lot Line, Front or "front lot line" means, for corner lots, the shortest boundary of the lot abutting a street. For interior lots, the boundary abutting the street except for "panhandle" lots where the front lot line shall be the boundary line (extended the width of the lot) which represents the intersection of the driveway portion of the lot with the buildable area of the lot.
51. "Lot line, rear" or "rear lot line" means the boundary of the lot opposite and most nearly parallel to the front lot line.
52. "Lot line, side" or "side lot line" means any lot line which is not a front lot line or a rear lot line.
53. "Lot width" means the mean horizontal dimension of a lot measured between the side lot lines, approximately parallel to the street frontage.
54. "Manufactured home park" or "mobile home park" means a tract of land under single ownership or control upon which two or more manufactured homes occupied as dwellings may be located.
55. "Manufactured home" means a single-family dwelling built to 42 U.S.C. Sec 5401-5403 standards (as amended in 2000). A "mobile home", modular home, commercial coach, or recreational vehicle is not a manufactured home.
56. "Manufactured home, new" or "new manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2).
57. "Metes and bounds" means a means of legally describing land where a high degree of accuracy is required. Metes refers to distances, where bounds refers to boundaries revealed by monuments and landmarks. The descriptions starts at an easily identifiable point of beginning, following boundaries for precise distances and ultimately returning to the point of beginning.
58. "Mini day care" means a child care facility for the care of twelve (12) or fewer children; when located in a residence, the portion where the children have access must be separate from the family living quarters, or that portion where the children have access must be used exclusively for their care during the hours that the child care center is operating.
59. "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act.
60. "Motel" means a facility offering accommodations containing five or more rooms with at least twenty-five (25) percent having direct access to the outside without the necessity of passing through the main lobby of the building. See hotel, boarding house, and bed and breakfast inn.
61. "Multiple family dwelling" means a building containing three or more dwelling units.
62. Nonconforming shall have the definition set forth in Chapter 17.92.
63. "Open space" means an area that is legally and practically accessible to the residents of the development that is not encumbered with any substantial structure, devoted to use as a roadway, parking area or sidewalk and is left in its natural or undisturbed state as of the date development began. Minor improvements may be made to open space areas to accommodate the cutting of trails or if unwooded, to landscape for ball fields, picnic areas and similar facilities or to create a wooded or natural area. No more than twenty-five (25) percent of an open area may lie within a floodplain or floodway.
64. "Ownership" means possession of real estate or a legal contract to purchase or lease real estate, assigning sole or preemptive right to use or occupy real estate for a specified period of time.
65. "Permitted use" means a use by right which is specifically authorized in a particular zoning district.
66. "Personal and professional services" means beauty and barber shops; offices for doctors, dentists and others engaged in human healing arts; provided, no overnight care is given; mortuary; offices for engineers, attorneys, architects, real estate, insurance, travel agencies, ambulance services and bail bonds; and other services similar to the above to which the sale or repair of merchandise or equipment is incidental.
67. "Planning commission" means the city of Aberdeen planning commission.
68. "Primary use" means the main use of land or structures as distinguished from an accessory use.
69. "Public and semi-public uses" means a structure or activity housing such uses as public and private schools, public assembly areas, public and private recreational facilities, places of worship, mortuaries and cemeteries, libraries, police and fire stations, public parking areas, fish hatcheries and pens, and watersheds; excluding those listed as unclassified uses.
70. "Recycling drop box" means a structure or box with a top, enclosed on four sides, and with an opening or door in which recyclable materials are placed or deposited. A recycling drop box under this definition shall have no more than two hundred (200) square feet of floor area. Included within this definition are metal recycling collection drop boxes and recycling reverse vending machines. Recycling drop boxes may be within or outside of a building.
71. "Recreational open space" means a portion of a lot or a building available for the recreational use of the residents of the lot.
72. "Recreational vehicle" means a vehicular type unit designed as temporary living quarters for recreational camping or travel uses, with or without motive power. This definition includes vehicles such as travel trailers, camping trailers, truck campers and motor homes. A recreational vehicle is not a mobile home.
73. "Recreational vehicle park" means a private or public recreational facility on which two or more recreational trailers or vehicles are parked or located.
74. "Sales, incidental wholesale/retail" or "incidental wholesale/retail sales" means occasional wholesale and/or retail sales less than fifty (50) percent the total sales volume conducted on or from a business premises.
75. "Sales, second hand" or "second hand sales" means sales of items previously used by other persons.
76. "Sales, retail" or "retail sales" means sales for direct consumption and not for resale.
77. "Sales, wholesale" or "wholesale sales" means sales for resale, not for direct consumption.
78. "Sign" means any device that is sufficiently visible to persons not located on the lot where such device is located and is designed to attract the attention of such persons or to communicate information to them.
79. "Sign, billboard" or "billboard sign" means any message, word, symbol, design, picture or visual medium which is intended to draw attention to a product, service, business, person, institution, location and is placed or painted on the ground, or on any tree, wall, fence, rock, structure or thing whatsoever and place thereon, whether indoor or outdoor, so as to be visible from off premises exclusive of legal notices, safety and directional signs posted by public agencies.
80. "Sign, freestanding" or "freestanding sign" means a sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.
81. "Sign, off-premises" or "off-premises sign" means a sign that draws attention to or communicates information about a business, service, or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located.
82. "Sign, portable" or "portable sign" means a sign that is not permanently affixed to a building, structure, or the ground except for temporary signs.
83. "Sign, temporary" or "temporary sign" means a sign that: (a) is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (b) is intended to remain on the location where it is erected or placed for a period of not more than thirty (30) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
84. "Single-family dwelling" means a building containing one dwelling unit on a lot intended for occupancy by one family.
85. "Special use" means a category of uses listed within a zoning district that requires review before the Planning Commission and city Council to determine their compatibility with the surrounding area and comprehensive plan.
86. "Street" means land designated by the city of Aberdeen or the State of Washington as a thoroughfare and which affords the primary means of access to abutting property or private land.
87. "Surface, impervious" or impervious surface" means ground or covered ground through which water cannot percolate.
88. "Townhome" means a building designed exclusively for occupancy by one family and containing one dwelling unit, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls which may be located on lot side lines.
89. "Unclassified use" means a use possessing characteristics of such unique and special form as to make impractical its being made automatically and consistently permissible in any defined classification or zone as set forth in this title, such as airports, landing fields, heliports, correctional institutions, public transit facilities, power-generating plants, utility booster stations and conversion plants, sewage treatment plants, quarrying and mining, and commercial excavation.
90. "Urban services area" means that area, both within the city and outside it, which is either presently served or is slated to be served by the water and sewer systems of the city of Aberdeen.
91. "Use" means the activity or function that actually takes place or is intended to take place on a lot.
92. "Variance" means a device granted by the board of adjustment which provides relief to a property owner from certain provisions of this title when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in the denial of the rights and privileges allowed to other properties in the vicinity.
93. "Vision clearance triangle" means formed by the intersection of two street right-of-ways.
94. "Yard" means an open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the depth required by this title.
95. "Yard, front" or "front yard" means a yard extending the full width of the lot abutting the front lot line to the depth required by this title.
96. "Yard, rear" or " rear yard" means a yard extending the full width of the lot abutting the rear lot line to the depth required by this title.
97. "Yard, side" or side yard" means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists and abutting a side yard lot to the depth required by this title.
Prior to the adoption of 6379 on 04/27/2005, Section 17.04.070 read as follows.
Certain terms, words, and phrases in this ordinance shall be interpreted or defined as follows:
"Access" means way or means of approach to provide physical entrance to a property.
"Accessory building" means a minor building that is located on the same lot as a principal building and is used incidentally to a building that houses a principal use, including gazebos garages, carports, sheds, green houses, patio covers, solariums, and similar roofed structures.
"Accessory use" means a subordinate use which is customarily incidental to the permitted use.
"Administrator" means the Aberdeen planning and economic development department.
"Adult entertainment establishment" shall include any adult cabaret or adult entertainment facility as defined under chapter 5.34 of the Aberdeen Municipal Code.
"Alley" means a public right-of-way at least ten feet wide but not more than twenty (20) feet wide which has been dedicated or deeded to the public for public use affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.
"Annexation" means the incorporation of a land area into the city of Aberdeen with a resulting change in boundaries.
"Bed and breakfast inn" means any building or group of buildings on the same lot in which the operator lives in one of the buildings and offers one or more guest room for rent where the guests do not stay for more than thirty (30) consecutive days.
"Board of adjustment" means the city of Aberdeen Board of Adjustment.
"Bond" means a surety bond, cash deposit, escrow account, assignment of savings, irrevocable letter of credit or other means acceptable to, or required by, the city to guarantee work is in compliance with all applicable city requirements.
"Boarding house" means any building or group of buildings located on the same lot containing a total of more than five guest rooms and where means are provided by the management as a part of the consideration for the guest rooms.
"Buildable area" means the space remaining on a building lot after the minimum zoning requirements, including but not limited to lot coverage, building setbacks, landscaping, and parking, have been met.
"Building" means a structure used or intended for supporting or sheltering any use or occupancy.
"Building height" means the vertical distance of a building measured from the average elevation of the finished grade measured where the walls will intersect the ground to the highest point of the roof.
"Building setback line" means a line which establishes a definite point beyond which the foundation of a building shall not extend.
"Caretaker's residence" means a dwelling unit located on the premises of a commercial, industrial or public enterprise, and which is occupied by a person who is the owner, proprietor, manager, watch guard, or is otherwise at times in charge of such enterprise.
"Change of use" means any use which substantially differs from the previous use of a building or land.
"Child care facility" means a building or structure where an agency, person or persons regularly provide care for a group of children for periods less than twenty-four (24) hours per day, as home day care, mini day care, and commercial day care.
"Child day care" means provision of supplemental parental care and supervision for a nonrelated child or children, on a regular basis for less than twenty-four (24) hours per day and under license by the Washington State Department of Social and Health Services. The term is not intended to include babysitting services of a casual, nonrecurring nature or in the child's home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes.
Child Day Care Types.
"Home day care" means a child care facility for the care of ten or fewer children located in the family dwelling of the provider. All services must be provided by members of the resident family.
"Mini day care" means a child care facility for the care of twelve (12) or fewer children; when located in a residence, the portion where the children have access must be separate from the family living quarters, or that portion where the children have access must be used exclusively for their care during the hours that the child care center is operating.
"Commercial day care" means a child care facility for the care of thirteen (13) or more children.
"Church" means a building intended primarily for religious worship and accessory uses including Sunday School, religious education classrooms, assembly rooms, a kitchen, a library or reading room, a recreation hall, a one family dwelling for religious staff, but excluding child care services, parochial schools, and facilities for the training of religious orders.
"Club" means a nonprofit, social organization whose premises are generally restricted to members and their guests.
"Cluster" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and the preservation of sensitive features.
"Cluster subdivision" means a form of development for residential subdivisions that permits a reduction in requirements and allows common wall construction techniques; provided, there is no increase in the number of lots or the number of dwellings permitted under a conventional subdivision and the resultant land is devoted to open space.
"Conditional use" means a category of uses listed within a zoning district that requires review before the board of adjustment to determine their compatibility with the surrounding area and comprehensive plan.
"Day" means a calendar day beginning at midnight and ending on the following midnight.
"Density" means the total number of square feet in a lot divided by the number of dwelling units located on the lot.
"Department" means the Aberdeen Planning and Economic Development Department.
"Dwelling" means a building designed exclusively for residential purposes, including single-family, duplexes and multiple family dwellings, but not including hotels or motel units without a kitchen.
Dwelling Types.
"Condominium" means a building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Condominiums, cooperatives and like property and buildings shall be treated in this title in a like manner regardless of whether the properties and buildings are condominiums, cooperatives, or are in a single ownership. This provision applies to residential, commercial and industrial condominiums and cooperatives.
"Duplex" means a structure on a single lot containing two dwelling units each of which is totally separated from the other by a common wall.
"Dwelling unit" means one or more rooms, designed, occupied or intended for occupancy as separate living quarters with sleeping and sanitary facilities provided within the dwelling unit for use of a single family maintaining a household.
"Multiple family dwelling" means a building containing three or more dwelling units.
"Single-family dwelling" means a building containing one dwelling unit on a lot intended for occupancy by one family.
"Townhome" means a building designed exclusively for occupancy by one family and containing one dwelling unit, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls which may be located on lot side lines.
"Eating and drinking places" means retail establishments selling food and/or drink.
"Excavation, surface" means removal or recovery of soil, rock, minerals or organic substances other than vegetation, from land or land on or beneath the
surface of water; provided, however, that dredging for navigational purposes or excavation for utilities shall not be included within this definition.
"Family" means an individual, or two or more persons related by blood, marriage or legal custody, or a group of not more than five persons who are not all related by blood, marriage or legal custody living together in a dwelling unit.
"Fence" means a structure serving as a barrier that wholly or partially encloses a field, yard, or other real property, excluding retaining walls not more than one foot above finished grade, for the purposes of this title, plant material is not considered a fence.
"Gross floor area" means the total usable horizontal area of a building, excluding attics.
"Group care living facilities" means a residential service facility of which staff persons are present on a continuous basis for the purpose of treating, caring for, teaching, training or supervising five or more persons. Facilities included in this definition include, but are not limited to, convalescent homes, rest homes and group homes.
"Home occupation" means a commercial activity that is conducted within a dwelling unit or an accessory building by the person(s) residing on the property and which is secondary to the use of the premises as a dwelling unit.
"Hotel" means a facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities. See motel, boarding house, and bed and breakfast inn.
"Junk" means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition.
"Kennel" means a premises where four or more dogs, cats or combination thereof, of at least six months of age, are kept by the owners of the animals or by persons providing facilities and care, whether or not compensation is involved. May include indoor and outdoor runs.
"Landscaping" means a strip of land with plants, hedges, fences, walls or similar screening used to visibly separate one use from another or to shield or block noise, glare, or other nuisances.
"Lot" means a tract of land lawfully established and officially recorded in the county auditor's office, whether described by metes and bounds and/or by lot or by lot and block designation in a recorded plat, which constitutes a unit of land under single ownership with a minimum of twenty (20) feet of frontage on an improved street.
"Lot area" or "lot size" means the total horizontal area included within the legally defined boundaries of the lot, excluding public rights-of-way.
Lot, corner. The term "corner lot" means a lot at the junction of and abutting on two or more streets where the angle of intersection is one hundred thirty (130) degrees or less.
"Lot depth" means the horizontal distance between the mid point of the front lot line and the mid point of the rear lot line.
Lot, Interior. The term "interior lot" means a lot other than a corner lot.
Lot Line, Front. The term "front lot line" means, for corner lots, the shortest boundary of the lot abutting a street. For interior lots, the boundary abutting the street except for "panhandle" lots where the front lot line shall be the boundary line (extended the width of the lot) which represents the intersection of the driveway portion of the lot with the buildable area of the lot.
"Lot line, rear" means the boundary of the lot opposite and most nearly parallel to the front lot line.
"Lot line, side" means any lot line which is not a front lot line or a rear lot line.
"Lot width" means the mean horizontal dimension of a lot measured between the side lot lines, approximately parallel to the street frontage.
"Metes and bounds" means a means of legally describing land where a high degree of accuracy is required. Metes refers to distances, where bounds refers to boundaries revealed by monuments and landmarks. The description starts at an easily identifiable point of beginning, following boundaries for precise distances and ultimately returning to the point of beginning.
"Mobile home" means a residential unit which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of manufactured home. A commercial coach or recreational vehicle is not a manufactured home.
"Manufactured home park" means a tract of land under single ownership or control upon which two or more manufactured homes occupied as dwellings may be located.
"Motel" means a facility offering accommodations containing five or more rooms with at least twenty-five (25) percent having direct access to the outside without the necessity of passing through the main lobby of the building. See hotel, boarding house, and bed and breakfast inn.
Nonconforming. See Chapter 17.92.
"Open space" means an area that is legally and practically accessible to the residents of the development that is not encumbered with any substantial structure, devoted to use as a roadway, parking area or sidewalk and is left in its natural or undisturbed state as of the date development began. Minor improvements may be made to open space areas to accommodate the cutting of trails or if unwooded, to landscape for ball fields, picnic areas and similar facilities or to create a wooded or natural area. No more than twenty-five (25) percent of an open area may lie within a floodplain or floodway.
"Ownership" means possession of real estate or a legal contract to purchase or lease real estate, assigning sole or preemptive right to use or occupy real estate for a specified period of time.
"Permitted use" means a use by right which is specifically authorized in a particular zoning district.
"Personal and professional services" means beauty and barber shops; offices for doctors, dentists and others engaged in human healing arts; provided, no overnight care is given; mortuary; offices for engineers, attorneys, architects, real estate, insurance, travel agencies, ambulance services and bail bonds; and other services similar to the above to which the sale or repair of merchandise or equipment is incidental.
"Planning commission" means the city of Aberdeen planning commission.
"Primary use" means the main use of land or structures as distinguished from an accessory use.
"Public and semi-public uses" means a structure or activity housing such uses as public and private schools, public assembly areas, public and private recreational facilities, places of worship, mortuaries and cemeteries, libraries, police and fire stations, public parking areas, fish hatcheries and pens, and watersheds; excluding those listed as unclassified uses.
"Recycling drop box" means a structure or box with a top, enclosed on four sides, and with an opening or door in which recyclable materials are placed or deposited. A recycling drop box under this definition shall have no more than two hundred (200) square feet of floor area. Included within this definition are metal recycling collection drop boxes and recycling reverse vending machines. Recycling drop boxes may be within or outside of a building.
"Recreational open space" means a portion of a lot or a building available for the recreational use of the residents of the lot.
"Recreational vehicle" means a vehicular type unit designed as temporary living quarters for recreational camping or travel uses, with or without motive power. This definition includes vehicles such as travel trailers, camping trailers, truck campers and motor homes. A recreational vehicle is not a mobile home.
"Recreational vehicle park" means a private or public recreational facility on which two or more recreational trailers or vehicles are parked or located.
"Sales, incidental wholesale/retail" means occasional wholesale and/or retail sales less than fifty (50) percent the total sales volume conducted on or from a business premises.
"Sales, second hand" means sales of items previously used by other persons.
"Sales, retail" means sales for direct consumption and not for resale.
"Sales, wholesale" means sales for resale, not for direct consumption.
"Sign" means any device that is sufficiently visible to persons not located on the lot where such device is located and is designed to attract the attention of such persons or to communicate information to them.
Sign Types.
"Sign, billboard" means any message, word, symbol, design, picture or visual medium which is intended to draw attention to a product, service, business, person, institution, location and is placed or painted on the ground, or on any tree, wall, fence, rock, structure or thing whatsoever and place thereon, whether indoor or outdoor, so as to be visible from off premises exclusive of legal notices, safety and directional signs posted by public agencies.
"Sign, freestanding" means a sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.
"Sign, off-premises" means a sign that draws attention to or communicates information about a business, service, or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located.
"Sign, portable" means a sign that is not permanently affixed to a building, structure, or the ground except for temporary signs.
"Sign, temporary" means a sign that: (a) is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (b) is intended to remain on the location where it is erected or placed for a period of not more than thirty (30) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
"Special use" means a category of uses listed within a zoning district that requires review before the Planning Commission and city Council to determine their compatibility with the surrounding area and comprehensive plan.
"Street" means land designated by the city of Aberdeen or the State of Washington as a thoroughfare and which affords the primary means of access to abutting property or private land.
"Surface, impervious" means ground or covered ground through which water cannot percolate.
"Unclassified use" means a use possessing characteristics of such unique and special form as to make impractical its being made automatically and consistently permissible in any defined classification or zone as set forth in this title, such as airports, landing fields, heliports, correctional institutions, public transit facilities, power-generating plants, utility booster stations and conversion plants, sewage treatment plants, quarrying and mining, and commercial excavation.
"Urban services area" means that area, both within the city and outside it, which is either presently served or is slated to be served by the water and sewer systems of the city of Aberdeen.
"Use" means the activity or function that actually takes place or is intended to take place on a lot.
"Variance" means a device granted by the board of adjustment which provides relief to a property owner from certain provisions of this title when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in the denial of the rights and privileges allowed to other properties in the vicinity.
"Vision clearance triangle" means formed by the intersection of two street right-of-ways.
"Yard" means an open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the depth required by this title.
"Yard, front" means a yard extending the full width of the lot abutting the front lot line to the depth required by this title.
"Yard, rear" means a yard extending the full width of the lot abutting the rear lot line to the depth required by this title.
"Yard, side" means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists and abutting a side yard lot to the depth required by this title. (Prior code §§ 11.002.040—11.002.300)