Chapter 17.08
DEFINITIONS

Sections:

17.08.010    Definitions.

17.08.010 Definitions.

“Access” means the way or means by which pedestrians and vehicles enter and leave property.

“Accessory structure” or “accessory use” means a structure or use incidental and subordinate to the main use of property and located on the same lot as the main use, including any required off-street parking within 200 feet (measured in a straight line) of the building or use it is intended to serve.

“Alley” means a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

“Alteration” means a change in construction or a change of occupancy. Where the term “alteration” is applied to a change of construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another or from one division of trade or use to another.

Alteration, Structural. “Structural alteration” means a change or repair which would tend to prolong the life of the supporting members of a building or structure, such as alteration of bearing walls, foundation, columns, beams, or girders. In addition, any change in the external dimensions of the building shall be considered a structural alteration.

“Apartment” means any multifamily dwelling in which a dwelling unit is or dwelling units are rented, leased, let or hired out.

“Assisted living facility” means a facility which provides or coordinates a range of elderly or disabled person health care and daily living assistance services, available on a 24-hour basis in a residential setting comprised of one-family or single-family dwellings, duplex or two-family dwellings and multifamily dwellings or any combination thereof; provided, that at least one resident of each dwelling shall be an elderly or disabled person.

“Attached housing development” means a development consisting of a structure or structures comprised of attached single-family dwellings.

“Automobile service station” means an establishment where fuels, oils and accessories for motor vehicles are dispensed for sale at retail only, and where motor vehicle repair work and related service are secondary.

“Baby-sitting home” means a home occupation in which care is provided to no more than two children (under 15 years old) at one time during a part of the 24-hour day, with or without compensation. This does not include the home of the child.

“Basement” means a portion of a building, not deemed a story, which has more than one-half of its height (but not more than six feet) measured from finished floor to finished ceiling above the average grade of the adjoining ground.

“Boarding, lodging or rooming house” means a building or portion thereof, other than a hotel, where meals and/or lodging are provided for compensation for five or more persons that are not temporary occupants.

“Boat house” means a facility attached to a floating device for the purpose of sheltering a boat or boats and generally enclosed on the sides and top, but which does not include a dwelling unit.

“Breakwater” means a structure to protect a harbor or beach from the force of waves.

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

“Building height” means the vertical distance from the average of the finished ground level at the center of all walls of the building to the highest point of the roof, exclusive of chimneys. (The City Charter of Lincoln City, Oregon, Section 5a(b), January 19, 1971.)

“Building line” means a horizontal line that coincides with the front side of the main building.

“Bulkhead” means a structure to retain earth or fill material which is located adjacent and parallel to the shoreline.

“Carnival” means an enterprise offering amusement and entertainment through the use of rides and exhibitions.

“Cellar” means a room or a group of rooms, usually under a building, which has more than one-half of its height measured from finished floor to finished ceiling below the average grade of the adjoining ground.

“City” means the city of Lincoln City, Oregon.

“Cold frame” means an unheated, outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, not more than 24 inches high, used for protecting seedlings and plants from the cold.

“Commercial building” means a building with more than 50 percent of its ground floor space used for commercial activities. Commercial buildings include, but are not limited to, stores, restaurants, hotels, motels, boarding, lodging or rooming houses, galleries, offices, mixed use buildings, fabrication shops, service stations, warehouses, and government buildings.

“Conditional use” means a use which is not permitted outright within the zoning district; but a permit for such use may be granted after a public hearing with the approval of the planning commission upon a finding that the use is provided for in this title and meets specified conditions.

“Condominium” means a form of ownership in which separate areas in a residential, commercial, or industrial building may be owned by individual owners. The individual owners may also jointly own an undivided interest in common areas such as recreation areas, parking areas, land or other facilities.

“Convenience service retail uses” means establishments designed and intended to serve the daily or frequent trade or service needs of the surrounding population. Such establishments include grocery stores, variety stores, drug stores, coin-operated laundries, dry cleaning establishments, beauty and barber shops, and medical-dental and other professional offices. Specifically excluded are automobile service stations and drive-in restaurants.

“Court” means an open, unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by such building.

“Day care center” means a land use in which care is provided to six or more children at any one time and/or by two or more unrelated persons during a part of the 24-hour day. Such day care centers shall have and maintain certification of approval from the Children’s Services Division as defined and stated in ORS Chapter 148, Child Welfare Services.

“Day care home” means a home occupation in which care is provided to no more than five children at any one time during a part of the 24-hour day, with or without compensation. The care is only to be provided by the residents of the dwelling unit in which the care is administered.

“Department” means the planning and community development department of Lincoln City.

“Director” means the planning and community development director of Lincoln City and any person designated by the director to act in the director’s place.

“Dock” means a floating moorage facility constructed perpendicular or parallel to the shoreline.

“Domestic fowl” means mature female chickens (i.e., hens), but not roosters.

“Dormitory” means a room for sleeping purposes for more than four persons, which is rented.

“Drive-in restaurant” means a structure or portion thereof primarily so developed that its principal retail or service character is to provide short-order fast foods to patrons while in motor vehicles or while at a counter.

Dwelling, Attached Single-Family. “Attached single-family dwelling” means a dwelling which is located on that unit’s individual lot, which is used as an independent dwelling unit, and which is attached to one or more dwelling units by common vertical walls.

Dwelling, Duplex or Two-Family. “Duplex or two-family dwelling” means a detached building designed and used as two independent dwelling units.

Dwelling, Multifamily. “Multifamily dwelling” means a building or portion thereof designed as three or more independent dwelling units, with each dwelling unit used as a dwelling unit for more than 30 days, but not including an attached single-family dwelling or a group of attached single-family dwellings.

Dwelling, One-Family or Single-Family. “One-family or single-family dwelling” means a detached building designed and used as one dwelling unit.

“Dwelling unit” means one or more rooms designed exclusively and used for occupancy by one family for living purposes and having only one cooking facility.

“Elderly housing” means housing in which at least 85 percent of the individual housing units in the elderly housing complex are either studio or one- or two-bedroom units, and which is:

1. Provided under any state or federal program that is specifically designed and operated to assist elderly persons as defined by the state or federal program; or

2. Is intended for and solely occupied by persons 62 years of age or older; or

3. Is intended and operated for occupancy by at least one person 55 years of age or older per unit and has significant facilities and services specifically designed to meet the physical or social needs of older persons, or if provision of such facilities and services is not practicable, such housing is necessary to provide important housing opportunities for older persons.

The city may impose the requirement of a covenant to run with the land for an elderly housing complex to ensure that, if such elderly housing complex is ever converted to a conventional apartment complex, additional off-street parking will be provided in accordance with any applicable parking ordinance requirements in effect at the time of the conversion.

“Emergency shelter” means a facility consisting of dwelling units, dormitories and/or yurts which provides necessary counseling services for 20 or fewer homeless persons for a period not to exceed 60 days per person and which includes associated cooking and sanitation facilities necessary to accommodate the maximum occupancy of the facility.

“Essential emergency communications and warning facilities” means a publicly owned and operated facility used for emergency communications or warning such as a police, fire, rescue, or ambulance radio transmitting, receiving, or relay station or antenna, a tsunami or fire warning siren, or other similar facility, that the city council has declared by resolution to be essential to the public safety.

“Family” means one person or two or more persons related by blood, marriage, legal adoption or guardianship, or a group of not more than five persons (excluding servants) all or part of whom are not related by blood, marriage, legal adoption or guardianship living together as a single housekeeping unit in a dwelling unit.

“Farm animals” means animals such as cattle, horses, sheep, and llamas.

Fence, Sight-Obscuring. “Sight-obscuring fence” means a fence, consisting of wood, metal or masonry, or an evergreen hedge or other evergreen planting, arranged in such a way as to obstruct vision.

“Floor area” means the sum of the gross horizontal area of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including:

1. Attic space providing headroom of less than seven feet;

2. Basement or cellar;

3. Uncovered steps or fire escapes;

4. Private garages, carports or porches;

5. Accessory water towers or cooling towers;

6. Accessory off-street parking or loading spaces.

“Footprint” means the portion of the area of a lot or lots on which a building or group of contiguous buildings is located that is within the exterior sides of the building walls.

“Frontage” means all the property abutting on a street.

“Garden, community” means an area of land managed and maintained by a group of individuals to grow and harvest crops such as food crops and ornamental crops for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

“Garden, market” means an area of land managed and maintained by an individual or a group of individuals to grow and harvest crops such as food crops and ornamental crops to be sold for profit. Crops may be sold on site or off site.

“Garden, personal” means an area of land located on a lot developed with one or more residences and managed and maintained by an individual or a family to grow and harvest crops such as food crops and ornamental crops for personal or family use, consumption, or donation.

“Government buildings” means all buildings and structures used by the public that are constructed, purchased, leased or rented, in whole or in part, by the use of federal, state, county or municipal funds or funds of any political subdivision of the state.

Grade, Ground Level. “Ground level grade” means the average of the finished ground level at the center of all walls of a building. Where the walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

“Greenhouse” means a building sheathed in glass, plastic, or fiberglass in which plants are cultivated.

“Grazing” means the use of land for pasture of horses, cattle, sheep, goats and/or other domestic herbivorous animals, alone or in conjunction with agricultural pursuits.

“High water line or mark” means the high water elevation as shown on the county assessor’s records, or as determined by the county surveyor, based upon the line where normal high water elevation results in a pronounced change in vegetation characteristics.

“Home occupation” means any lawful activity, not otherwise specifically provided for in this title, commonly carried on within a dwelling by a member or members of a family, no employee or other person being engaged in the same, and in which the activity is secondary to the use of the dwelling for living purposes. A home occupation is one that is conducted in such a manner as not to give the appearance of a business nor to infringe upon the right of neighboring residences to enjoy the peaceful occupancy of their homes.

“Hoop house” means a structure made of PVC piping or other material covered with translucent plastic and constructed in a half-round or hoop shape and not more than seven feet high or 20 feet long.

“Horticulture” means the cultivation of plants, garden crops, trees and/or nursery stock.

“Hotel” means a building or portion thereof designed or used for occupancy of individuals who are lodged with or without meals, and in which no provision is made for cooking in any individual room or suite.

Institution, Educational. “Educational institution” means a college or university supported by public or private funds, tuitions, contributions or endowments, giving advanced academic instruction as approved by a recognized accrediting agency, including fraternity and sorority houses, excluding elementary and high schools, and trade and commercial schools.

“Junk yard” means any property where any person is engaged in breaking up, dismantling, sorting, storing, distributing, buying or selling of any scrap, waste materials or junk.

“Kennel” means a lot or premises on which four or more cats and/or dogs, more than four months of age, are kept for business purposes such as animal boarding, animal day care, commercial breeding, and the like.

“Landscaping” includes not only trees, grass, shrubs, flowers and garden areas, but also the arrangement of fountains, patios, decks, street furniture and ornamental concrete or stonework areas and artificial turf or carpeting, but excludes artificial plants, shrubs, bushes or flowers.

“Legislative” is a term applied to the making or giving of laws. In land use actions, it is the formulation of general policy that is applicable to the entire jurisdiction or a large part therein.

“Loading space” means an off-street space or berth on the same lot, or parcel, with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise or materials, and which space or berth abuts upon a street, alley or other appropriate means of access and egress.

“Lot” means a plot, parcel or area of land owned by or under the lawful control and in the lawful possession of one distinct ownership.

“Lot area” means the total area of a lot measured in a horizontal plane within the lot boundary lines exclusive of public and private roads, and easements of access to other property.

Lot, Corner. “Corner lot” means a lot abutting on two or more streets, other than an alley, at their intersection.

“Lot coverage” means that percentage of the total lot or parcel covered by buildings.

“Lot depth” means the average horizontal distance between the front lot line and rear lot line.

Lot, Interior. “Interior lot” means a lot other than a corner lot.

“Lot line” means the property line bounding a lot.

Lot Line, Front. “Front lot line” means, for an interior lot, a line separating the lot from the street; and for a corner or through lot, a line separating either (but not both) frontages of the lot from the street.

Lot Line, Rear. “Rear lot line” means, for an interior lot, a line separating one lot from another on the opposite side of the lot from the front lot line; for corner lots, either (but not both) interior lot line separating one lot from another; and for an irregular or triangular-shaped lot, a straight line 10 feet in length that is parallel to and at the maximum distance from the front lot line.

Lot Line, Side. “Side lot line” means, for interior lots, a line separating one lot from the abutting lot or lots fronting on the same street; for corner lots, a line other than the front lot line separating the lot from the street or line separating the lot from the abutting lot along the same frontage.

Lot, Through. “Through lot” means an interior lot having frontage on two streets.

“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.

Lot, Zoning. A “zoning lot” is either:

1. A lot of record existing on the effective date of the zoning ordinance or any applicable subsequent amendment thereto; or

2. A tract of land, either not subdivided or consisting of two or more contiguous lots of record located within a single block in single ownership.

“Manufactured dwelling” means a manufactured home, mobile home, or residential trailer as those terms are defined in this title. “Manufactured dwelling” does not mean any building or structure subject to the structural specialty code adopted pursuant to ORS 455.100 through 455.450 or any unit identified as a recreational vehicle by the manufacturer.

“Manufactured home” means a structure constructed for movement on the public highways, that has sleeping, cooking and plumbing facilities that is intended for human occupancy, that is being used for residential purposes and that was constructed after June 15, 1976, in accordance with Federal Manufactured Housing Construction Safety Standards and Regulations in effect at the time of construction.

“Mixed use” means a development that includes a mix of commercial and residential uses that are planned and developed together on the same site or adjoining sites. The mix of uses may occur in the same building or in separate buildings.

“Mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

“Mobile home park” means any place where four or more mobile homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

“Motel” means one or more buildings designed or used by temporary occupants.

Motor Vehicle Repair, Major. “Major motor vehicle repair” means the general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body, frame or fender straightening or repair; overall painting or paint shop.

Motor Vehicle Repair, Minor. “Minor motor vehicle repair” means the replacement of parts for and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under “Motor Vehicle Repair, Major.”

“Nonconforming structure or use” means a lawful existing structure or use, at the time this title or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

“Order” is a term applied to the direction of public administrative officers in quasi-judicial land use proceedings.

“Ordinary low water line” means the line on the bank or shore to which the low water ordinarily recedes annually in season.

“Outdoor sales display” means the temporary or permanent outdoor display of items for direct sale, rental, or lease to the consumer.

“Outdoor storage area” means an area in which goods, junk, material, merchandise, vehicles, or other items are kept in the same place for more than 24 hours, other than as an outdoor sales display.

“Owner” means the person in whom is vested the ownership, dominion or title of property; proprietor; including an authorized agent of the owner.

“Person” means any natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.

“Pier” means a fixed moorage facility constructed outward from the shoreline.

“Planned unit development” means a development in which the applicable subdivision and zoning restrictions apply to the development as a whole rather than to each individual lot. Under this procedure, detailed project plans must be approved by the planning commission.

“Quasi-judicial” is a term applied to the action, discretion, etc., of public officers, who are required to investigate facts, or ascertain the existence of facts, and draw conclusions from them, as a basis for their official action, and to exercise discretion of judicial nature. In land use actions, it is the applying of policy to particular persons, places or circumstances.

“Recreation” means activities or pastimes offering diversion and relaxation to persons.

Recreational Facility, Private. “Private recreational facility” means a recreational facility under private ownership and operated by a profit or nonprofit organization, open to bona fide members, and providing one or more of the following types of recreation activity: tennis, handball, squash, volleyball and swimming.

“Recreational vehicle” means a vehicle with or without motive power that is designed for human occupancy and has a gross floor area not exceeding 400 square feet in the set-up mode and as further defined by rule by the Oregon Department of Consumer and Business Services Building Codes Division.

“Recreational vehicle park” means any place where two or more recreational vehicles are located within 250 feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

“Residential home” means a residential treatment or training or an adult foster home licensed by or under the authority of the department, as defined in ORS 443.400, under ORS 443.400 through 443.825, a residential facility registered under ORS 443.480 through 443.500 or an adult foster home licensed under ORS 443.705 through 443.825 which provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home.

“Residential trailer” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

“Resort” means a place providing lodging and recreation to vacationers.

School, Commercial. “Commercial school” means a building or land where instruction is given to pupils in arts, crafts or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.

School, Primary, Elementary, Junior High or High. “Primary, elementary, junior high or high school” includes public, private or parochial, but not nursery school, kindergarten or day nursery, except when operated in conjunction with a school.

“Screening” means the visual shielding of one structure or use from another structure or use by fences, walls, berms, or densely planted vegetation so as, on installation, to substantially, but not necessarily totally, eliminate visual impacts of the shielded structure or use on the other structure or use.

“Shoreline” means the boundary line between a body of water and land, measured on tidal waters at mean high water, and on non-tidal waterways at the ordinary high water mark.

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

Sign, Advertising. “Advertising sign” means a sign which directs attention to a business, product, activity or service which is not necessarily conducted, sold or offered upon the premises where such sign is located.

“Significant aesthetic resource” means a site that is identified as a significant aesthetic resource in the comprehensive plan natural resource inventory.

“Silviculture” means the care and cultivation of forest trees; forestry.

“Site plan” means a plan, prepared to scale, showing accurately and completely all dimensions of the uses proposed for a specific parcel of land.

“Small animals” means animals commonly kept as household pets, other than animals such as aquarium fish, reptiles, hamsters, gerbils, or cage birds such as finches, canaries, and parakeets, and includes the following:

1. Cats (Felis catus);

2. Dogs (Canis familiaris) but not dog-wolf hybrids;

3. Rabbits (Leporidae);

4. Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus) but not any greater than 22 inches in height at the shoulder or more than 150 pounds in weight;

5. Miniature, pygmy, or dwarf goats, but not any greater than 24 inches in height at the shoulder or more than 100 pounds in weight, and not any that have not been dehorned, or any unneutered adult male goats.

Offspring of small animals that are less than five months of age are not considered “small animals” as that term is used in this title.

“Small solar energy system” means a system composed of a solar energy collector, an energy storage facility, and components for the distribution of transformed energy that may be attached to a residence or other structure. A small solar energy system may be a photovoltaic system to convert the sun’s energy to electricity or it may be a solar thermal system used to heat water.

“Small wind energy system” means a wind energy conversion system consisting of a wind turbine, a support structure, and associated control or conversion electronics and that has a rated capacity of not more than 10 kilowatts and that is intended to reduce on-site consumption of utility power.

“Story” means that portion of a building included between a floor and the ceiling above.

Story, Half. “Half story” means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

“Street” means the entire width between the right-of-way lines of every way for vehicular and pedestrian traffic and includes the terms “road,” “highway,” “land,” “place,” “avenue,” “alley” and other similar designations.

“Structure” means something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure.

“Temporary occupant” means any person that occupies any room or rooms for habitation for a continuous period not exceeding 30 days. This excludes any person who pays for lodging on a monthly basis.

Time-Share.

1. “Accommodation” means any apartment, condominium unit, cabin house, lodge, hotel or motel room or any other private or commercial structure that is situated on real property designed for residential use by one or more individuals.

2. “Time-share period” means a period of time when a purchaser of a time-sharing plan is entitled to possession and use of accommodations and facilities of the time-sharing plan.

3. “Time-share plan” means any arrangement, plan, scheme or device including exchange programs, whether by membership, agreement, share, tenancy-in-common, sale, lease, deed, rental agreement, license, right-to-use agreement or otherwise, whereby a purchaser, in exchange for consideration, receives a right-to-use accommodation and facilities for a period of time less than 30 days during any given year.

“Transitional area” means an area consisting of a lot, lots or parts of lots, within any residential district, having side lot lines abutting a boundary of a commercial or industrial zone, and extending not more than 100 feet from such boundary into the residential zone.

“Underlying zone” means the existing zone on the property at the time of application.

“Use” means the purpose or activity for which land or a building thereon is designed, arranged or intended or for which it is maintained, and shall include any manner or performance of such activity with respect to the performance requirements of this title.

“Use limitations” means regulations intended to limit or emphasize the desired nature and quality of uses permitted within a business or special district.

“Use regulations” means regulations which relate to a specific condition such as density or intensity or to building size, bulk or siting conditions occurring anywhere and for any type of building located within a given zoning district.

“Vacation rental dwelling” means a dwelling unit that is used, rented or occupied on a daily or weekly basis, or is available for use, rent, or occupancy on a daily or weekly basis, or is advertised, or listed by an agent, as available for use, rent, or occupancy on a daily or weekly basis.

“Vacationer” means any person enjoying a recess or leave of absence from their place of residence, the majority of whom are temporary occupants.

“Variance” is a term applied to the authorization after a public hearing for the construction or maintenance of a building or structure. The rationale for the use of a variance is to provide for administrative relief from the literal terms of a zoning code.

“Vermiculture” means worm composting in bins.

“Wharf” means a fixed moorage facility constructed parallel to the shoreline and usually attached continuously thereto.

“Wireless communications facilities” means facilities, including towers, providing licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR) paging, and similar services that are marketed to the general public.

“Yard” means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title.

Yard, Front. “Front yard” means a yard between side lot lines and measured horizontally at right angles to the front lot line from the lot line to the nearest point of the building.

Yard, Rear. “Rear yard” means a yard between side lot lines or between a street side yard and opposite side lot line and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a main building.

Yard, Side. “Side yard” means a yard between the front and rear yard measured horizontally and at right angles from the side lot line to the nearest point of the building.

Yard, Street Side. “Street side yard” means a yard adjacent to a street between the front yard and the rear lot line measured horizontally and at right angles from the side lot line to the nearest point of the building.

Yard, Transitional. “Transitional yard” means a yard that must be provided with landscaping and screening on a lot in a commercial district which adjoins a lot in a residential district. A transitional yard shall include any required yard or right-of-way setback. (Ord. 2009-07 § 4; Ord. 2009-06 § 1; Ord. 2009-05 §§ 1 – 3; Ord. 2009-02 § 8; Ord. 2007-10 § 2; Ord. 2005-14 § 2; Ord. 2003-24 § 2; Ord. 2003-08 § 3; Ord. 2003-01 § 3; Ord. 2001-01 §§ 3, 4; Ord. 2000-11 § 9; Ord. 98-12 § 2; Ord. 98-11 § 6; Ord. 97-11 § 1; Ord. 97-8 § 1; Ord. 97-5 §§ 1, 2; Ord. 95-15 § 1; Ord. 92-28; Ord. 93-2 § 1; Ord. 92-8 § 1; Ord. 92-4 §§ 1 – 3; Ord. 91-4 § 1; Ord. 89-11 § 1; Ord. 84-2 § 1.040)