§ 40.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   NON-RESIDENTIAL. A premises, or a portion of a premises, not used for personal, domestic accommodation in independent living facilities. A non-residential unit includes, but is not limited to, governmental, not-for-profit, business, commercial and industrial enterprises. Each portion of a non-residential unit that has permanent provisions for distinct and defined access to an individual enterprise shall be considered as a separate non-residential unit. Enterprises that provide senior living, assisted living, nursing care and similar services exclusively shall be considered non-residential for purposes of this chapter.
   PREMISES. A parcel or portion of a parcel of land that receives a direct or indirect benefit from park services. It is presumed that a premises located within the city limits receives a direct or indirect benefit from city park services. It is presumed that a premises receives a direct or indirect benefit from city park services if the premises is developed and/or receives city water service. A premises is presumed to be developed if served by water, stormwater, wastewater utility, or has improvements, including, but not limited to buildings, parking lots or outdoor storage.
   RESIDENTIAL. A premises or a portion of a premises with 1 or more rooms in a building or portion thereof designed for or that provides complete independent living facilities for 1 or more persons and includes permanent provisions for sleeping, cooking and sanitation. An accessory or ancillary residential unit on a premises shall be considered as a separate residential unit. In premises with 2 or more apartments, condominiums, mobile homes, or other residential units, each residential unit shall be considered as a separate residential unit for purposes of calculating the park services fee. Premises or portions of premises primarily used for transient lodging whose occupants are subject to the Banks Transient Occupancy Tax shall not be considered a residential unit.
(Ord. 2019-11-01, passed 2-11-2020)