Chapter 18.04 DEFINITIONS

Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular. The word "building" includes the word "structure," and the word "shall" is mandatory and not directory. The term "city council" means the city council of the city of Marysville, and the term "planning commission" means the planning commission of the city of Marysville. (Ord. 1149 § 42, 1992: 1112 § 89 (part), 1991; Ord. 946 § 2 (part), 1981).

18.04.020 Accessory building.

"Accessory building" means a detached subordinate building, the use of which is incidental to that of the main building on the same lot, or to the use of the land. (Ord. 946 § 2 (part), 1981).

18.04.030 Accessory use.

"Accessory use" means a use of land or building incidental or subordinate to the principal use on the same lot. (Ord. 946 § 2 (part), 1981).

18.04.040 Agency.

"Agency" means an office or commercial establishment in which goods, material or equipment is received for servicing, treatment or processing elsewhere. (Ord. 946 § 2 (part), 1981).

18.04.050 Alley.

"Alley" means a public way or lane less than twenty-five feet in width which affords a secondary means of access to abutting property. (Ord. 946 § 2 (part), 1981).

18.04.055 Alteration.

"Alteration" means any change, addition or modification in construction or occupancy. (Ord. 946 § 2 (part), 1981).

18.04.057 Amusement device.

"Amusement device" means and includes any device, machine, apparatus or other instrument operated electrically, mechanically or manually, for amusement purposes

only (other than musical devices and viewing machines), for the use of which there is required to be deposited in such device a coin or token. (Ord. 974 § 2, 1982).

18.04.058 Antique.

"Antique" means any object of fine art or household furniture or appliances which was produced more than one hundred years ago. (Ord. 1115 § 2, 1991).

18.04.059 Antique store.

"Antique store" means a store or shop that sells substantially objects of art or household furniture or appliances which are over one hundred years old. (Ord. 1115 § 3, 1991).

18.04.060 Apartment house.

"Apartment house" means any building or portion thereof which is designed and built for occupancy by three or more families. (Ord. 946 § 2 (part), 1981).

18.04.065 Arcade-fun center.

"Arcade-fun center" shall include, among other things, any business which has on its premises six or more amusement devices. (Ord. 974 § 3, 1982).

18.04.067 Balcony.

"Balcony" means an elevated platform enclosed by a parapet or a railing, projecting from an exterior wall of a building. (Ord. 1304 § 1(A), 2006).

18.04.070 Basement.

"Basement" means a space partly or wholly underground, and having more than one-half its height, measured from its floor to its finished ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, the basement shall be considered a story. (Ord. 946 § 2 (part), 1981).

18.04.080 Boardinghouse.

"Boardinghouse" means a commercial residential use of a dwelling unit based on an agreed payment of a fixed amount of money, or other compensation, in exchange for residential use for a fixed period of time. (Ord. 1299 § 1(A), 2005: Ord. 946 § 2 (part), 1981).

18.04.085 Bookstore.

"Bookstore" means a retail store open to the general public which sells books and related materials. This definition is not to be construed to include adult bookstores, defined in Section 18.66.020(c). (Ord. 946 § 2 (part), 1981).

18.04.090 Building.

"Building" means any structure having a roof supported by columns and/or walls. (Ord. 946 § 2 (part), 1981).

18.04.100 Building coverage.

"Building coverage" means the land area covered by all main buildings on a lot, including all projections except eaves. (Ord. 946 § 2 (part), 1981).

18.04.110 Building height.

"Building height" means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, ridge, or parapet wall. (Ord. 946 § 2 (part), 1981).

18.04.115 Building site.

"Building site" means the land area of a lot which may be occupied by permitted main building or main buildings. (Ord. 1299 § 1(B), 2005; Ord. 946 § 2 (part), 1981. Formerly 18.04.120).

18.04.120 Cargo container.

"Cargo container" means a portable steel container originally intended for the transportation of cargo by ship, truck or train. (Ord. 1299 § 1(C), 2005).

18.04.121 Central business district.

"Central business district" is that area of the city located between the center of 9th Street, the south levee of the city, the center of E Street and the center of A Street. (Ord. 1299 § 1(D), 2005).

18.04.122 City planner.

"City planner" means that person designated by the city as having primary responsibility for administering the Marysville Zoning Code. (Ord. 1299 § 1(E), 2005).

18.04.123 Club.

"Club" means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. "Club" includes social organizations, lodges, and fraternal organizations that use an associated building for uses other than residential purposes. (Ord. 1299 § 1(G), 2005).

18.04.124 Collectible.

"Collectible" means any object, art, furniture, appliance or other article of personal property which is not an antique, but which was produced more than thirty years ago and whose current market value is greater than when it was produced. Examples of items which may be considered collectibles include, but are not limited to, certain rugs, dolls, coins, gems, medals, stamps, baseball cards and jukeboxes. (Ord. 1299 § 1(F), 2005; Ord. 1123 § 1 (part), 1991. Formerly 18.04.123).

18.04.125 Collectible store.

"Collectible store" means a store or shop whose inventory is substantially comprised of "collectibles" as defined in this code. (Ord. 1299 § 1(H), 2005; Ord. 1123 § 1 (part), 1991. Formerly 18.04.124).

18.04.126 Community care facility.

"Community care facility" means any facility, place or building which is maintained and operated to provide nonmedical residential care, day care or homefinding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired or incompetent persons, and includes the following:

(a) "Residential facility," which means any family home, group care facility, or similar facility determined by the planning commission for twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

(b) "Day care center," which means any facility which provides nonmedical care to persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis.

(c) "Foster family home," which means any residential facility providing twenty-four-hour care for six or fewer foster children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. Such placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents or guardian. (Ord. 1299 § 1(I), 2005; Ord. 1149 § 43, 1992; Ord. 1112 § 89 (part), 1991; Ord. 946 § 2 (part), 1981. Formerly 18.04.125).

18.04.127 Dancehall, ballroom, and night club.

"Dancehall, ballroom, and night club" means a commercial establishment providing entertainment such as dancing, live or amplified music, comedy, etc. (Ord. 1299 § 1(J), 2005).

18.04.128 Drive-through facility.

"Drive-through facility" means a place where vehicles line up for service at designated spots and where customers are served without leaving their vehicles (except for gasoline service stations). (Ord. 1299 § 1(K), 2005).

18.04.129 Driveway.

"Driveway" means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area and extending to a maximum width equal to the curb cut approved by the city services director. (Ord. 1299 § 1(L), 2005).

18.04.131 Dwelling.

"Dwelling" means a building designed for and intended to be occupied as living quarters by a family, or by families in individual dwelling units. (Ord. 1299 § 1(M), 2005; Ord. 963 § 2, 1981: Ord. 946 § 2 (part), 1981. Formerly 18.04.130).

18.04.140 Dwelling group.

"Dwelling group" means two or more detached dwellings, other than commercial hotel or motel units located upon a building site, together with all open spaces as required by this title. (Ord. 946 § 2 (part), 1981).

18.04.150 Dwelling, one-family.

"One-family or single-family dwelling" means a building designed for and intended to be occupied as living quarters by one family. (Ord. 1299 § 1(N), 2005: Ord. 946 § 2 (part), 1981).

18.04.160 Two-family dwelling.

"Two-family dwelling or duplex" means a building designed for and intended to be occupied as living quarters by two families, living independently of each other. (Ord. 1299 § 1(O), 2005: Ord. 946 § 2 (part), 1981).

18.04.170 Dwelling, multiple-family.

"Multiple-family dwelling" means a building designed and intended to be occupied as living quarters by three or more families living independently of each other. (Ord. 946 § 2 (part), 1981).

18.04.175 Emergency shelter.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. (Ord. 1299 § 1(P), 2005).

18.04.180 Family.

"Family" means an individual or group of individuals occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and where the adult residents share expenses. (Ord. 1299 § 1(Q), 2005: Ord. 946 § 2 (part), 1981).

18.04.190 Commercial garage.

"Commercial garage" means a building other than a private garage, used for the parking, repair or servicing of motor vehicles. (Ord. 946 § 2 (part), 1981).

18.04.200 Garage, parking.

"Parking garage" means a public or private garage designed and/or used on a commercial basis for the storage only of vehicles. (Ord. 946 § 2 (part), 1981).

18.04.210 Garage, private.

"Private garage" means an accessory building or portion of a main building designed for the shelter or storage of vehicles, including covered parking space or carport. (Ord. 1299 § 1(R), 2005: Ord. 946 § 2 (part), 1981).

18.04.220 Helicopter port.

"Helicopter port" means land improved and intended to be used for the landing and taking off of helicopters or vertical flying aircrafts. (Ord. 946 § 2 (part), 1981).

18.04.230 Home occupation.

"Home occupation" means any accessory use conducted within a dwelling, accessory building or private recreation area (such as a pool or tennis court or yard area), and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the residential zone of which it is a part. (Ord. 1241 (part), 1998; Ord. 946, 1981).

18.04.240 Hotel.

"Hotel" means any building or portion thereof containing six or more guestrooms intended or designed to be hired out for compensation, and to be occupied by six or more guests. This definition includes hotels, lodginghouses and roominghouses, dormitories, Turkish baths, bachelor hotels, studio hotels, public and private clubs and any such building of any nature whatsoever so occupied, designed or intended to be so occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint. (Ord. 946 § 2 (part), 1981).

18.04.250 Junkyard.

"Junkyard" means any area of two hundred square feet or more used for the storage of junk or scrap materials, or for the wrecking or dismantling of automobiles or other vehicles or machinery. This definition includes "wrecking yards." (Ord. 946 § 2 (part), 1981).

18.04.280 Lot.

"Lot" means a parcel of land under one ownership used or capable of being used under the regulations of this title, and including both the building site and all required yards and other open spaces and frontage as defined in this chapter. (Ord. 946 § 2 (part), 1981).

18.04.290 Lot, corner.

"Lot, corner" means a lot located at the junction of two or more intersecting streets with a boundary line thereof, bordering on each of such streets. The side bearing the property address shall constitute the front of the lot. (Ord. 946 § 2 (part), 1981).

18.04.295 Lot width.

"Lot width" means the average distance between side lot lines. (Ord. 1299 § 1(S), 2005; Ord. 946 § 2 (part), 1981. Formerly 18.04.300).

18.04.301 Mini storage warehouse.

"Mini storage warehouse" means a building or buildings used for storage which is divided into subspaces intended to be rented individually. (Ord. 1299 § 1(T), 2005).

18.04.302 Mobilehome.

"Mobilehome" means a vehicle, other than a motor vehicle, designed and equipped to contain one or more dwelling units to be used without a permanent foundation and which is in excess of eight feet in width or in excess of forty feet in length. (Ord. 946 § 2 (part), 1981).

18.04.303 Mobilehome park.

"Mobilehome park" means any area or tract of land where one or more mobilehome lots are rented or held out for rent, and includes a trailer park. (Ord. 946 § 2 (part), 1981).

18.04.304 Motel.

"Motel" means a building or group of buildings designed for use by tourists or transients, with living or sleeping rooms, garages, parking spaces and related facilities advertised or offered on a commercial basis. (Ord. 946 § 2 (part), 1981).

18.04.305 Movie theater.

"Movie theater" means any enclosed building with a capacity of fifty persons or more used for the showing of motion pictures to the general public. This definition is not to be construed to include adult movie theaters, defined in Section 18.66.020 of this code. (Ord. 946 § 2 (part), 1981).

18.04.307 Newspaper and magazine stand.

"Newspaper and magazine stand" means a retail business selling newspapers and magazines to the general public either independently or as a part of another business. (Ord. 946 § 2 (part), 1981).

18.04.310 Nonconforming building or use.

"Nonconforming building or use" means a building or use which is lawfully existing at the time that provisions of this title create a situation in which the building or use is in conformity with any of such provisions. (Ord. 946 § 2 (part), 1981).

18.04.340 Parking lot.

"Parking lot" means an area of land, a yard or other open space on a lot used for or designed for use by standing motor vehicles. (Ord. 946 § 2 (part), 1981).

18.04.350 Parking space.

"Parking space" means land or space privately owned, covered or uncovered, laid out for, surfaced and used or designed to be used by a standing motor vehicle. (Ord. 1304 § 1(B), 2006: Ord. 946 § 2 (part), 1981).

18.04.351 Pawn shop.

"Pawn shop" means an indoor retail establishment that accepts personal property as collateral for loans and offers the property for sale to the public. Pawn shops are differentiated from "secondhand stores," which do not make loans. (Ord. 1308 § 1(A), 2007).

18.04.352 Planning commission.

"Planning commission" means the planning and historic preservation commission as established and defined under Chapter 2.40. (Ord. 1299 § 1(U), 2005).

18.04.353 Porch.

"Porch" means an elevated, open sided, covered platform attached to the outside of a building at a door to a dwelling. (Ord. 1308 § 1(C), 2007: Ord. 1304 § 1(C), 2006).

18.04.354 Roominghouse.

"Roominghouse" means a building or portion thereof, other than a hotel, containing three or more guestrooms used, intended or designed to be used, let or hired out or to be occupied by paying guests. (Ord. 1308 § 1(B), 2007: Ord. 946 § 2 (part), 1981. Formerly 18.04.353).

18.04.355 Sanitarium.

"Sanitarium" means a hospital or institution for the treatment of chronic diseases or for medically supervised recuperation. (Ord. 1299 § 1(V), 2005).

18.04.357 Vocational school.

"Vocational school" means a trade school or special school in a particular field of study. (Ord. 946 § 2 (part), 1981).

18.04.358 Secondhand goods.

"Secondhand goods" means any goods, objects, clothes, furniture, art, appliances, or wares that have been previously purchased and/or used and which are not antiques by the definition of this chapter. (Ord. 1115 § 4, 1991).

18.04.359 Secondhand store.

"Secondhand store" means a store or shop that sells any goods, objects, clothes, furniture, art, appliances or wares that have been previously purchased and/or used and which are not antiques by the definition of this chapter. (Ord. 1299 § 1(W), 2005: Ord. 1220, 1996; Ord. 1115 § 5, 1991).

18.04.360 Service station.

"Service station" means a retail business establishment supplying motor fuel and oil. (Ord. 946 § 2 (part), 1981).

18.04.370 Setback line.

"Setback line" means a line established by the ordinance codified in this title to govern the placement of buildings with respect to streets, alleys and property lines. (Ord. 946 § 2 (part), 1981).

18.04.380 Servants’ quarters.

"Servants’ quarters" means a secondary dwelling or apartment without any kitchen facilities designed for and used only by persons regularly employed on the property. (Ord. 946 § 2 (part), 1981).

18.04.384 Sidewalk.

For the purposes of Chapter 18.63, "sidewalk" includes any public walkway, right-of-way, easement, or fee ownership used or available for pedestrian circulation and/or access. (Ord. 1240 (part), 1998).

18.04.386 Sidewalk dining.

"Sidewalk dining" is the use of a portion of a public sidewalk for outdoor consumption of food and beverages. This use is a special privilege, not a matter of right, subject to granting of a revocable permit and compliance with performance standards identified herein. Sidewalk dining may be permitted on any public right-of-way subject to review and approval by the city manager or his/her designee. (Ord. 1309 § 8 (part), 2007; Ord. 1240 (part), 1998).

18.04.387 Single-family dwelling.

"Single-family dwelling" shall have the same meaning as "dwelling, one-family" as defined in Section 18.04.150. (Ord. 1299 § 1(X), 2005).

18.04.390 Commercial stable.

"Commercial stable" means a stable for horses to be let, hired or used on a commercial basis. (Ord. 946 § 2 (part), 1981).

18.04.400 Stable, private.

"Private stable" means a stable for horses to be used by the owners thereof. (Ord. 946 § 2 (part), 1981).

18.04.410 Story.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the floor next above. If the finished floor level directly above a basement is more than six feet above grade at any point the basement shall be considered a story. (Ord. 946 § 2 (part), 1981).

18.04.420 Street.

"Street" means a public or permanent private way twenty-five feet or more in width which affords a primary means of access to property. (Ord. 946 § 2 (part), 1981).

18.04.440 Structure.

"Structure" means anything constructed or erected upon the ground or attached to a structure having location on the ground. (Ord. 946 § 2 (part), 1981).

18.04.450 Transitional housing.

"Transitional housing" means housing for occupants with supportive services that are exclusively designated and targeted for recently homeless persons. (Ord. 1299 § 1(Y), 2005).

18.04.470 Travel trailer.

"Travel trailer" means a vehicle other than a motor vehicle which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur’s license or both, without violating any provisions of the Vehicle Code. (Ord. 946 § 2 (part), 1981).

18.04.471 Use.

"Use" means the activity for which land or buildings are designed, occupied or maintained. (Ord. 1299 § 1(Z), 2005).

18.04.480 Yards.

"Yards" means land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building site. (Ord. 946 § 2 (part), 1981).

18.04.490 Yard, front.

"Front yard" means a yard extending across the full width of the lot measured between the street line (or the lot line connected to a street by legal access) and the nearest line of the main building or enclosed or covered porch. For purposes of determining yard setbacks only, the front yard of a corner lot is the yard adjacent to the shortest street frontage or may be the side of the lot as determined by the city planner. (Ord. 1299 § 1(AA), 2005: Ord. 974 § 4, 1982: Ord. 946 § 2 (part), 1981).

18.04.500 Rear yard.

"Rear yard" means a yard extending between the side yards of the lot and measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line of the lot. (Ord. 946 § 2 (part), 1981).

18.04.510 Yard, side.

"Side yard" means a yard on either side of the lot extending from the front yard to the rear lot line, the width of each yard being measured between the side line of the lot, and the nearest part of the main building or enclosed porch. (Ord. 946 § 2 (part), 1981).