Chapter 17.04 DEFINITIONS

For the purposes of this title, certain terms are defined in CMC 17.04.020 through 17.04.680 unless the context clearly requires otherwise. (Ord. 339 § 1, 1978).

17.04.014 Abandoned sign.

“Abandoned sign” shall mean any sign that advertises a business, use, product, service or activity which no longer occupies the premises where the sign is displayed or advertises an ongoing business or activity elsewhere in the community. (Ord. 606 § 3(A), 2004; Ord. 580 § 3(A), 2002).

17.04.015 Abut.

“Abut” shall mean two or more adjoining parcels bordering on a common property line.

17.04.020 Accessory building or structure.

“Accessory building or structure” shall mean a detached building or structure that is subordinate and incidental to the primary building or structure on the same parcel of land. “Unenclosed accessory structure” shall mean an accessory structure that is at least 50 percent open around its perimeter. (Ord. 742 § 2 (Exh. A § 1), 2019).

17.04.023 Accessory use.

“Accessory use” shall mean a use that is incidental and subordinate to a principal use on a site and is customarily found on the same site. (Ord. 699 § 2, 2014; Ord. 614 § 3(H), 2004).

17.04.025 Accessory dwelling unit.

“Accessory dwelling unit” or “ADU” means an attached or detached dwelling unit located on the same parcel as an existing or proposed primary residence that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. “Accessory dwelling unit” also includes an efficiency unit as defined in California Health and Safety Code Section 17958.1 or a manufactured home as defined in California Health and Safety Code Section 18007. (Ord. 770 § 2, 2024; Ord. 744 § 2 (Exh. A), 2020; Ord. 729 § 2.1, 2017).

17.04.026 Adult entertainment facilities.

An “adult entertainment facility” is any place of business in which one or more of the following activities is conducted/offered/occurs:

A. “Adult newsrack,” as used herein, shall mean and refer to any coin-operated machine or device which dispenses material which is distinguished or characterized by its emphasis depicting, describing, or relating to the specified sexual activities or specific anatomical areas defined in subsections (D) and (E) of this section.

B. “Adult book store,” as used herein, shall mean and refer to an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis depicting, describing, or relating to the specified sexual activities or specified anatomical areas defined in subsections (D) and (E) of this section, or an establishment with a segment or section devoted to the sale, rental, or display of such material.

C. “Adult motion picture theater,” as used herein, shall mean and refer to an enclosed building or drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to the specified sexual activities or specified anatomical areas defined below, for observation by one or more patrons therein.

D. “Specified sexual activities” as used herein, shall mean and refer to:

1. Human genitals in the state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse, or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

E. “Specified anatomical areas” as used herein, shall mean and refer to:

1. Less than completely and opaquely covered:

a. Human genitals, pubic region;

b. Buttock;

c. Female breast below a point immediately above the top of the areola; and

2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

F. “Adult entertainment facilities” as used herein, shall mean and refer to adult newsracks, adult book stores, and adult motion picture theaters. (Ord. 558 § 3(A)(1), 1999).

17.04.027 Advertising billboard.

“Advertising billboard” shall mean an off-site sign which is supported by one or more uprights, poles, braces or a similar structure which includes an advertising message calling attention to a business, use, product, service or activity not conducted or sold on the same premises upon which the billboard is located. (Ord. 606 § 3(B), 2004; Ord. 580 § 3(B), 2002. Formerly 17.04.026).

17.04.028 Affordable housing.

“Affordable housing” shall mean housing (whether attached, detached, for sale, rent or for lease) which is available to persons with median or below median incomes based on standards established by the State using data provided by the Department of Housing and Urban Development.

17.04.029 Aggregate sign area.

“Aggregate sign area” shall mean the total combined area of all signs, not otherwise exempt, measured applying the sign area computation contained in Chapter 17.58 CMC. (Ord. 606 § 3(C), 2004; Ord. 580 § 3(C), 2002).

17.04.030 Agriculture.

“Agriculture” shall mean the activity or work of producing crops and/or raising livestock. (Ord. 339 § 1, 1978).

17.04.035 Airport.

“Airport” shall mean any area which is used for or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiway, tie down area, hangars or other necessary building or open areas.

17.04.040 Alley.

“Alley” shall mean a public or private right-of-way reserved as a secondary means of vehicular access to abutting property. (Ord. 339 § 1, 1978).

17.04.042 Allowed sign.

“Allowed sign” shall mean a sign authorized by right provided the sign complies with the dimensional standards contained in Chapter 17.58 CMC. (Ord. 606 § 3(D), 2004; Ord. 580 § 3(D), 2002).

17.04.050 Apartment.

“Apartment” shall mean a room or suite of rooms in an apartment house or dwelling occupied, or intended or designed for occupation, by one family for living or sleeping purposes. (Ord. 339 § 1, 1978).

17.04.055 Arcade, entertainment.

“Entertainment arcade” shall mean a place of business where the primary activity is related to the operation of more than two electronic, video, or coin-operated games for compensation. Up to four machines may be operated as incidental to and in conjunction with a retail business.

17.04.060 Automobile repair facilities.

“Automobile repair facilities” shall mean a place where minor motor vehicle repairs and lubrication are performed by auto mechanics and technicians, including sale of accessories for the vehicle. (Ord. 755 § 2 (Exh. 1), 2021).

17.04.070 Automobile wrecking.

“Automobile wrecking” shall mean the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. (Ord. 339 § 1, 1978).

17.04.072 Awning sign.

“Awning sign” shall mean a sign which is painted on or otherwise affixed to a roof or cover made of canvas, wood, or a similar material projecting from a building wall. (Ord. 606 § 3(E), 2004; Ord. 580 § 3(E), 2002).

17.04.075 Banner.

“Banner” shall mean a sign composed of lightweight cloth, bunting, plastic, paper or similar material intended as a temporary advertisement, and not enclosed by a permanent frame, which is attached, pinned or hung from any structure, pole, vehicle or other object.

17.04.085 Bed and breakfast inns and facilities.

“Bed and breakfast” or “B and B” inns and facilities shall mean the rental of rooms or space for the purpose of providing overnight accommodations for paying guests for a period not to exceed 30 days per individual rental, with not more than one meal to be provided daily, and with the entire service offered to be included in one stated price. (Ord. 738 § 2, 2018; Ord. 421 § 1, 1987; Ord. 416 § 1, 1986; Ord. 396 § 1, 1984; Ord. 390 § 1, 1983).

17.04.087 Bedroom.

“Bedroom” shall mean any habitable room as defined by the Uniform Building Code (UBC) which room is not a living room, dining room, kitchen, family room or breakfast nook. Unless specifically designed to exclude its use as a bedroom (e.g., no closet, enlarged entryways (greater than six feet, six inches) without doors, no windows open to the exterior, etc.), any den, study, or other room meeting the above definition of a bedroom shall be considered a bedroom for the purposes of meeting the regulations and standards of this code.

17.04.090 Building.

“Building” shall mean anything constructed or erected for the support, shelter or enclosure of persons. (Ord. 339 § 1, 1978).

17.04.100 Building height.

“Building height” shall mean the vertical distance from the average elevation of the natural grade of the ground covered by the structure along each building elevation/face (see Exhibit C, CMC 17.38.040) to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for hip, gable, or gambrel roof. For sloping properties, the datum or point of height measurement shall be 10 feet higher than the lowest natural grade when natural ground surface of the highest natural grade is more than 10 feet above the lowest grade as reflected on Exhibit D, CMC 17.38.040. The height of a stepped or terraced building is the maximum height of any segment of the building. (Ord. 557 § 3(1), 1999).

17.04.110 Building line, setback line.

“Building line” and “setback line” shall mean a line designating the distance which buildings must be set back from an existing property line, or an existing or proposed sidewalk-public utility easement line. (Ord. 339 § 1, 1978).

17.04.115 Building Official.

“Building Official” shall mean the designated authority charged with the administration and enforcement of the building, housing, plumbing, electrical and related codes as provided by CMC Title 15.

17.04.118 Building sign.

““Building sign” shall mean any sign identifying the name of a building and/or date the building was constructed or remodeled. (Ord. 606 § 3(F), 2004; Ord. 580 § 3(F), 2002).

17.04.120 Building site.

“Building site” shall mean a single parcel of land as indicated on the current City Assessor’s roll, which has its principal frontage on a street, road or highway. (Ord. 339 § 1, 1978).

17.04.130 Business or commerce.

“Business” or “commerce” shall mean a purchase, sale, exchange, or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services. (Ord. 339 § 1, 1978).

17.04.132 Business, formula.

“Formula business” shall mean a business or use, which by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following:

A. Business name common to a similar business located elsewhere;

B. Standardized services or uniforms common to a similar business located elsewhere;

C. Interior decor common to a similar business located elsewhere;

D. Architecture, exterior design, or signs common to a similar business located elsewhere;

E. Use of a trademark or logo common to a similar business located elsewhere (but not including logos or trademarks used by chambers of commerce, better business bureaus, or indicating a rating organization including, but not limited to, AAA, Mobile or Michelin); or

F. A name, appearance, business presentation or other similar features, which make the business substantially identical to another business within or outside Calistoga. (Ord. 567 § 3, 2000; Ord. 519 § 3, 1996).

17.04.133 Business frontage.

“Business frontage” shall mean the linear distance of a business which occupies a building fronting on a public right-of-way. (Ord. 606 § 3(G), 2004; Ord. 580 § 3(G), 2002).

17.04.135 Business identification sign.

“Business identification sign” shall mean a sign designed and intended to identify a multifamily residential use, professional office use, commercial use, industrial use, public use, quasi-public use or similar uses to the foregoing, which identification sign is located upon the premises proposed to be identified. The sign may be affixed to a structure or freestanding.

17.04.140 Carport.

“Carport” shall mean a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile storage for the occupants of the premises.

17.04.142 Car wash facilities.

“Car wash facilities” shall mean a place containing equipment for washing motor vehicles where no chain conveyor or blower is used. (Ord. 755 § 2 (Exh. 1), 2021).

17.04.145 Center identification sign.

“Center identification sign” shall mean a sign designed and intended to name or identify an integrated center or multi-use type of development, such as “Valley Shopping Center.”

17.04.150 Club, private.

“Private club” shall mean an association of persons for some common purpose but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. (Ord. 339 § 1, 1978).

17.04.160 Commission.

“Commission” shall mean the Planning Commission of the City. (Ord. 339 § 1, 1978).

17.04.164 Condominium.

“Condominium” shall mean an estate in real property, either residential, commercial or industrial, consisting of an undivided interest in a common space together with a separate interest in space called apartment, unit, office or store, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof, and as more specifically defined by California Civil Code Section 783. (Ord. 528 § 3, 1997).

17.04.164.5 Contractor storage yard.

“Contractor storage yard” shall mean an area and/or building used by a small-scale general, building, excavation, well-drilling or landscaping contractor; landscaping, tree or pool maintenance service; or a similar operation where a limited number of business-related vehicles, equipment and/or materials are stored; and incidental maintenance or shop work may be performed. The use may include the operational offices of the contractor. This use does not include wholesale or retail sales. (Ord. 732 § 2(1), 2018).

17.04.165 Convalescent and congregate care facilities.

“Convalescent and congregate care facilities” shall mean facilities that provide residential care for the elderly or for persons suffering or recovering from an illness who do not require hospitalization, including assisted living facilities and similar facilities. Such facilities may include supporting facilities and services, such as congregate eating facilities, recreational facilities and personal services. (Ord. 699 § 2, 2014).

17.04.167 Construction sign.

“Construction sign” shall mean a sign associated with a property on which construction activity is occurring which identifies the business name of the contractor, architect, engineer or similar person or firm associated with the project. (Ord. 606 § 3(H), 2004; Ord. 580 § 3(H), 2002).

17.04.170 Convenience market.

“Convenience market” shall mean a facility operated generally in conjunction with another retail use which is characterized by a limited range of food, beverage, drug/goods, hardware, house goods, and/or auto parts, and may include prepared or ready-to-consume products for off premises consumption. (Formerly 17.04.165).

17.04.173 Day care, large family.

Repealed by Ord. 699.

17.04.174 Day care, small family.

Repealed by Ord. 699.

17.04.175 Design Review Board.

“Design Review Board” shall mean the person(s) appointed by the Council to review development proposals for design and aesthetic characteristics.

17.04.176 Directional sign, general.

“General directional sign” shall mean a directional or general information-type sign intended to direct vehicular or pedestrian traffic on the major arteries to a State or public use or scenic attraction located in areas of the City off the major arteries or travelways.

17.04.178 Directional sign, business.

“Business directional sign” shall mean a directional or information-type sign for the express purpose of directing vehicle flow or pedestrian traffic on to an individual business site, i.e., ATM machine.

17.04.179 Directory sign.

“Directory sign” shall mean a sign which includes multiple business identification signs on a single sign, and may also contain the name of the center in which these multiple business are located (i.e., center identification sign). (Ord. 606 § 3(I), 2004).

17.04.179.5 Discount store.

“Discount store” shall mean a business primarily devoted to the sale of merchandise consistently sold below normal retail prices. (Ord. 614 § 3(F), 2004).

17.04.180 Drive-through business.

“Drive-through business” shall mean a business which provides or dispenses its services by means of a window, counter, or similar method or device to the customer in his or her vehicle outside of the building in which the service or product is prepared.

17.04.185 Duplex.

“Duplex” shall mean a building containing two dwelling units totally separated from each other by an unpierced wall. (Ord. 699 § 2, 2014).

17.04.190 Dwelling, multifamily.

“Multifamily dwelling” shall mean a building containing three or more dwelling units, including apartments, flats, townhouses and condominiums. (Ord. 699 § 2, 2014; Ord. 339 § 1, 1978).

17.04.200 Dwelling, one-family.

“One-family dwelling” shall mean a detached building designed for and occupied exclusively by one family. “One-family dwelling” includes employee housing for six or fewer persons as provided by California Health and Safety Code Section 17021.5. (Ord. 699 § 2, 2014; Ord. 339 § 1, 1978).

17.04.220 Dwelling unit.

“Dwelling unit” shall mean a room or connected rooms constituting a separate housekeeping establishment containing independent cooking and sleeping facilities for occupancy by its owner(s), or by tenants who rent or lease the unit for a period of 30 or more consecutive days. (Ord. 699 § 2, 2014; Ord. 339 § 1, 1978).

17.04.225 Election sign.

“Election sign” shall mean a temporary sign that supports an announced candidate, a political party, or an issue of political significance relating to any national, State, County or local election. (Ord. 606 § 3(J), 2004; Ord. 580 § 3(I), 2002).

17.04.226 Electric vehicle supply equipment.

“Electric vehicle supply equipment” shall mean the hardware, including connectors, fixtures, devices, and other components required to charge an electric vehicle. (Ord. 755 § 2 (Exh. 1), 2021).

17.04.227 Emergency shelter.

“Emergency shelter” shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. (Ord. 685 § 2, 2012).

17.04.230 Family.

“Family” shall mean one person living alone, or two or more persons occupying a dwelling unit and living together as a single housekeeping unit that is characterized by the following:

A. Shared use of a single common kitchen;

B. Shared household expenses;

C. Shared use of a common entry to the dwelling unit;

D. Shared use of all or virtually all areas of the dwelling unit at all times; and

E. Occupation of the unit under a single lease if the unit is not occupied in part by the owner. (Ord. 710 § 2, 2015; Ord. 339 § 1, 1978).

17.04.234 Floor area, gross.

“Gross floor area” shall mean the total enclosed area of all floors of a building.

17.04.235 Floor area ratio.

“Floor area ratio” (“FAR”) shall mean the ratio of gross building floor area to net lot area. This is determined by dividing the gross floor area of a building by the net lot area. It is expressed as a ratio, i.e., two square feet of gross floor area for each three feet of net lot area results in a floor area ratio of 2:3 = .66.

17.04.238 Freestanding sign.

“Freestanding sign” shall mean a sign that is not affixed to a building including, but not limited to, a sandwich board or similar portable sign or monument sign. (Ord. 606 § 3(K), 2004).

17.04.240 Frontage.

“Frontage” shall mean the dimension of a lot abutting a street or in the case of a building, the portion of the building facing the street. (Ord. 382 § 1, 1982; Ord. 339 § 1, 1978).

17.04.250 Garage, commercial (major).

“Major commercial garage” shall mean the activity or work of removing any major component (i.e., engine, transmission, or drivetrain) from a vehicle, and repairing, replacing or adjusting said component and which may include storing said vehicle on the premises for more than eight hours. (Ord. 339 § 1, 1978).

17.04.260 Garage, commercial (minor).

“Minor commercial garage” shall mean the activity or work of repairing, adjusting, or replacing components of a vehicle without removing any major component from the vehicle (i.e., engine, transmission, or drivetrain) or needing to store said vehicle for more than eight hours on the premises. (Ord. 339 § 1, 1978).

17.04.290 Garage.

“Garage” shall mean an accessory building or an accessory portion of a main building designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building. (Ord. 339 § 1, 1978).

17.04.300 Gas station.

“Gas station” shall mean a retail business selling gasoline or other motor vehicle fuels, and related products, derived from fossil fuels (e.g., petroleum, coal, natural gas). (Ord. 755 § 2 (Exh. 1), 2021).

17.04.310 Geothermal resources.

“Geothermal resources” shall mean the natural heat of the earth and the energy in whatever form below the surface of the earth present in, resulting from, created by, or which may be extracted from such natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, excluding petroleum, natural gas or other hydrocarbon substances. (Ord. 339 § 1, 1978).

17.04.315 Granny unit.

Repealed by Ord. 706.

17.04.320 Group care facility.

Repealed by Ord. 714. (Ord. 339 § 1, 1978).

17.04.330 Guesthouse.

“Guesthouse” shall mean living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, having no kitchen and not rented or otherwise used as a separate dwelling. (Ord. 339 § 1, 1978).

17.04.340 Hanging sign.

“Hanging sign” shall mean a sign which projects from a building wall or is otherwise designed in a manner which does not include a supporting structure attached to the ground. (Ord. 606 § 3(L), 2004; Ord. 580 § 3(J), 2002).

17.04.345 Holiday sign.

“Holiday sign” shall mean a temporary window display installed during holidays (i.e., Independence Day, Halloween, etc.). These may be installed on the outside of a window. (Ord. 606 § 3(M), 2004).

17.04.350 Home occupation.

“Home occupation” shall mean an occupation operated entirely within a residential property by a person(s) residing there as a clearly secondary and incidental use of such property, which use must not change the residential character thereof.

17.04.355 Home occupation sign.

“Home occupation sign” shall mean a sign which identifies a home business which is subordinate to the primary use of the premises as a residence. (Ord. 606 § 3(N), 2004; Ord. 580 § 3(K), 2002).

17.04.360 Hotel.

“Hotel” shall mean a facility of six or more units located in a single structure or individual structures, which may be connected by corridors or outdoor pedestrian walkways. The facility shall have the primary purpose of providing transient lodging accommodations, as contemplated by Chapter 3.16 CMC, to the general public. The facility excludes time-share estates and/or time-share properties, but includes hotel-condominiums and their respective rental management entities, wherein the owners of hotel-condominiums obtain an estate in real property consisting of an undivided interest in common space together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. Units may contain a mini-bar (i.e., sink, refrigerator) but not a kitchen.

Additional services such as restaurants, retail shops, meeting rooms, and entertainment or recreational facilities may be allowed if the Planning Commission determines that such services are ancillary to the provision of transient lodging accommodations. (Ord. 631 § 1, 2006; Ord. 528 § 3 (part 4), 1997; Ord. 339 § 1, 1978).

17.04.370 Household pets.

“Household pets” shall mean any animal kept exclusively inside the residence for which no special cages or shelters (inside or outside of the residence) are required, and which animal is not listed as an endangered or threatened species or such animal or possession thereof is not considered illegal, dangerous or a threat to the health, safety or welfare of the occupants of the residence or surrounding residents. These animals include, but are not limited to, snakes, birds (other than fowl), guinea pigs and other animals which are not offensive to a residential neighborhood by nature of noise, odor, or other objectionable features. Household pets shall not include any animal or bird maintained for commercial purposes, whether or not such animal or bird may be appropriate for a domestic pet. (Ord. 339 § 1, 1978).

17.04.371 Housing, agricultural employee.

Repealed by Ord. 699. (Ord. 685 § 3, 2012).

17.04.372 Housing, supportive.

“Supportive housing” shall mean housing with no limit on length of stay, that is occupied by a target population as defined in this chapter, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (Ord. 710 § 2, 2015; Ord. 685 § 4, 2012).

17.04.373 Housing, transitional.

“Transitional housing” and “transitional housing development” means buildings configured as rental housing and operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (Ord. 710 § 2, 2015; Ord. 699 § 2, 2014; Ord. 685 § 5, 2012).

17.04.375 Incidental signs.

“Incidental signs” shall mean signs including, but not limited to, exit, open/closed, vacancy/no vacancy, no soliciting, home/occupant name, deliveries, hours, and alarm system identification. (Ord. 606 § 3(O), 2004; Ord. 580 § 3(L), 2002).

17.04.380 Inn.

“Inn” shall mean a facility of up to five units that offers transient lodging accommodations located in attached or detached structures for 30 days or less to the general public. (Ord. 714 § 6(3), 2015; Ord. 557 § 3(1), 1999).

17.04.383 Interior illuminated sign.

“Interior illuminated sign” shall mean a sign which is internally illuminated by light source. (Ord. 606 § 3(P), 2004; Ord. 580 § 3(M), 2002).

17.04.385 Interior sign.

“Interior sign” shall mean a sign located inside an enclosed space, not including signs painted, affixed or otherwise applied to a window. (Ord. 606 § 3(Q), 2004; Ord. 580 § 3(N), 2002).

17.04.387 Junior accessory dwelling unit.

“Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family structure. A junior accessory dwelling unit shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit. It may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (Ord. 744 § 2 (Exh. A), 2020).

17.04.390 Kennel.

“Kennel” shall mean the use of any premises accessory to another use, (except for accessory to an agricultural use), where six or more domesticated animals 10 weeks in age or older, are kept, boarded, trained, groomed or sold, whether for private use or monetary compensation. (Ord. 339 § 1, 1978).

17.04.395 Live entertainment facilities.

“Live entertainment facilities” means any form of entertainment whether or not aided by amplification which is created or presented by an individual or group of individuals or, in some cases, by animals including, but not limited to: musical performances, comedic performances, theatrical or dance performances, speeches and other oratory performances, etc. The presentation of recorded or transmitted music or entertainment performances unaccompanied by a “DJ” shall not be considered to be live entertainment. (Ord. 558 § 3(A)(2), 1999).

17.04.397 Live-work facilities.

An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes complete kitchen space and sanitary facilities in compliance with the City building code and working space reserved for and regularly used by one or more occupants of the unit. (Ord. 714 § 6(2), 2015).

17.04.400 Loading space.

“Loading space” shall mean an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. (Ord. 339 § 1, 1978).

17.04.410 Lot.

“Lot” shall mean a designated parcel, tract or area of land established by plot, subdivision or as otherwise permitted by law to be used, developed or built upon.

17.04.420 Lot, corner.

“Corner lot” shall mean a lot situated at the intersection of one or more streets which streets have an angle of intersection of not more than 135 degrees. (Ord. 339 § 1, 1978).

17.04.422 Lot coverage.

“Lot coverage” shall mean the total ground area of a site occupied by any building or structure, as measured from the outside of its surrounding external walls or supporting members. Lot coverage includes exterior structures such as stairs, arcades, bridges, covered parking, eaves projecting greater than 24 inches from a building, and permanent structural elements protruding from buildings including overhanging balconies, oriel or bay windows, stories which overhang a ground-level story, and covered carports. (Ord. 614 § 3(C), 2004; Ord. 544 § 3, 1998).

17.04.430 Lot depth.

“Lot depth” shall mean the distance between the midpoint of the front lot line and the midpoint of the rear lot line measured at the midpoint of the lot.

17.04.440 Lot, interior.

“Interior lot” shall mean a lot other than a corner lot. (Ord. 339 § 1, 1978).

17.04.441 Lot, key.

“Key lot” shall mean the first interior lot to the rear of a reverse corner lot.

17.04.442 Lot, reverse corner.

“Reverse corner lot” shall mean a corner lot having a side lot line which is substantially a continuation of the front lot line of a lot to its rear.

17.04.443 Lot width.

“Lot width” shall mean the distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines. (Ord. 339 § 1, 1978).

17.04.450 Lot line, front.

“Front lot line” shall mean a line separating the lot from the street for an interior lot; in the case of a corner lot, the front lot line shall be the narrowest frontage separating the lot from the street, regardless of orientation of the structure. (Ord. 339 § 1, 1978).

17.04.460 Lot line, rear.

“Rear lot line” shall mean the lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or gore-shaped lot, the rear lot line shall mean a line within the lot parallel to and at a maximum distance from the front lot line, having a length not less than 10 feet. (Ord. 339 § 1, 1978).

17.04.470 Lot line, side.

“Side lot line” shall mean any lot boundary line not a front lot line or a rear lot line. (Ord. 339 § 1, 1978).

17.04.490 Major medical facility.

Repealed by Ord. 714. (Ord. 339 § 1, 1978).

17.04.492 Manufacturers’ outlet store.

“Manufacturers’ outlet store” shall mean a business which regularly devotes more than 15 percent of the commercial floor area to the sale of merchandise, primarily from one or a few manufacturers, generally represented as irregular, discontinued, overstocked or merchandise not considered by the manufacturer as disposable through normal retail channels. (Ord. 614 § 3(G), 2004).

17.04.494 Marquee sign.

“Marquee sign” shall mean a sign which displays an interchangeable message using plastic, wood, metal, electronic or similar letters. Such signs may include, but are not limited to, product price signs and coming events or attractions. (Ord. 606 § 3(R), 2004; Ord. 580 § 3(O), 2002).

17.04.495 Medical marijuana dispensary.

“Medical marijuana dispensary” shall have the meaning as set forth in CMC 8.30.010(A). (Ord. 676 § 3, 2011).

17.04.497 Menu box.

“Menu box” shall mean a sign utilized by a food establishment such as a restaurant or bakery, which identifies the line of products offered for sale on the site. (Ord. 606 § 3(S), 2004; Ord. 580 § 3(P), 2002).

17.04.500 Mobile home.

“Mobile home” shall mean a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. “Mobile home” includes a manufactured home, as defined in Section 18007 of the California Health and Safety Code and “mobile home” as defined in Section 18008 of the California Health and Safety Code, but does not include a recreational vehicle as defined in Section 799.24 of the California Civil Code or Section 18001.8 of the California Health and Safety Code.

17.04.510 Mobile home lot.

“Mobile home lot” shall mean any area or tract of land or portion of a mobile home park, designated or used for the occupancy of one mobile home. (Ord. 339 § 1, 1978).

17.04.520 Mobile home lot line.

“Mobile home lot line” shall mean a boundary line of a lot or site designated or used for the occupancy of one mobile home. (Ord. 339 § 1, 1978).

17.04.524 Mobile home park.

“Mobile home park” shall mean a parcel or contiguous parcels intended for residential living in mobile homes exclusively. “Mobile home park” includes those accessory uses such as recreation rooms, storage facilities or other permanent structures commonly associated with mobile home parks. (Ord. 382 § 3, 1982).

17.04.525 Monument sign.

“Monument sign” shall mean a sign that is not attached to a building, fence or wall and that is constructed so as not to include multiple business names on a single parcel, such as in the case of a directory. (Ord. 606 § 3(T), 2004; Ord. 580 § 3(Q), 2002).

17.04.530 Motel.

“Motel” shall mean a facility of six or more units located in attached or detached structures offering transient lodging accommodations, for 30 days or less, to the general public. Access to the majority of the individual units is directly from the outside.

Additional services such as restaurants, meeting rooms, entertainment or recreational facilities may be provided. (Ord. 528 § 3, 1997).

17.04.533 Neon sign.

“Neon sign” shall mean a sign which has characters, letters, figures, or designs illuminated by bright, electric luminous/neon gas tubes that are specifically placed to draw attention to or provide nighttime viewing of the subject matter on the sign face. (Ord. 606 § 3(U), 2004; Ord. 580 § 3(R), 2002).

17.04.540 Nonconforming building.

“Nonconforming building” shall mean a building or a portion thereof lawfully existing on the effective date of the ordinance codified in this title which does not comply with all the regulations of this title. (Ord. 339 § 1, 1978).

17.04.545 Nonconforming sign.

“Nonconforming sign” shall mean a sign which was installed prior to the adoption of the provisions contained in Chapter 17.58 CMC that does not presently comply with the City’s Sign Ordinance. (Ord. 606 § 3(V), 2004; Ord. 580 § 3(S), 2002).

17.04.550 Nonconforming use.

“Nonconforming use” shall mean a use lawfully existing on the effective date of the ordinance codified in this title that does not conform with the regulations of this title. (Ord. 339 § 1, 1978).

17.04.560 Nursing home.

“Nursing home” shall mean a building or portion thereof, wherein the owner or proprietor is licensed by the State to furnish lodging and nursing care to one or more persons who are bedfast, chronically ill, handicapped, impaired, or convalescing, but not mentally ill or suffering from a communicable disease. (Ord. 339 § 1, 1978).

17.04.570 Open space.

“Open space” shall mean the total ground area of the site free of permanent structures from the ground upward to the sky including, but not limited to, planters, walkways, pools, ponds and other similar areas. Parking areas shall not be counted unless special paving or other design features are incorporated. (Ord. 614 § 3(D), 2004; Ord. 339 § 1, 1978).

17.04.580 Outdoor sales establishment.

“Outdoor sales establishment” shall mean any business which sells, primarily at retail, certain goods and/or products which are displayed or otherwise merchandised outside an enclosed building, including auto sales, landscape nurseries, parking lot sales, camper sales and other similar uses. (Ord. 339 § 1, 1978).

17.04.583 Pennant.

“Pennant” shall mean a sign made of any lightweight flexible plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, designed to move in the wind. (Ord. 606 § 3(W), 2004; Ord. 580 § 3(T), 2002).

17.04.585 Personal services establishment.

“Personal services establishment” shall mean any business where skilled physical service is provided to and for the benefit of an individual including, but not limited to: acupressure; massage; facial salon; and aromatherapy. (Ord. 614 § 3(E), 2004).

17.04.590 Pool (swimming) and/or hot tub or spa.

“Pool (swimming) and/or hot tub or spa” shall mean a pool, pond, lake, or tank, capable of containing water to a depth greater than one and one-half feet at any point and designed or used for wading, hot tub activities or swimming. (Ord. 544 § 3, 1998).

17.04.591 Portable sign.

“Portable sign” shall mean a sign that is not permanently affixed to the ground or a structure, such as “sandwich board” and “A-frame” signs. (Ord. 679 § 2, 2012; Ord. 606 § 3(X), 2004; Ord. 580 § 3(U), 2002. Formerly 17.04.592).

17.04.592 Private wine marketing event.

A “private wine marketing event” is any activity conducted for the purpose of educating members of the wine trade and persons who have a pre-established business relationship with the owner/operator of the business in order to increase the amount of wine sold to those individuals. Marketing activities may include food service without charge when provided in association with such education and business development, but shall not include cultural and social events unrelated to such education and development. (Ord. 679 § 3, 2012).

17.04.592.5 Public facilities

“Public facilities” shall mean any facility, including, but not limited to, buildings, property, utilities, infrastructure, recreation areas and roads, that are owned, leased, or otherwise operated or funded by a governmental body or public entity. (Ord. 699 § 2, 2014).

17.04.593 Public tours and tastings.

“Public tours and tastings” are tours of a winery and/or on-site tastings of wines produced on the premises. Public tours and tastings may also include food and wine pairings, where all such food service is provided without charge except to the extent of cost recovery and is incidental to the tasting of wine. Food service may not involve menu options and meal service such that the winery functions as a cafe or restaurant. (Ord. 679 § 5, 2012).

17.04.594 Public sign.

“Public sign” shall mean a sign which is located on property owned by a public or quasi-public agency which informs people of general issues of community interest. (Ord. 679 § 4, 2012; Ord. 606 § 3(Y), 2004; Ord. 580 § 3(V), 2002. Formerly 17.04.593).

17.04.595 Real estate sign.

“Real estate sign” shall mean a sign advertising a property or business for sale. (Ord. 606 § 3(Z), 2004).

17.04.595.5 Religious facilities.

“Religious facilities” shall mean buildings and activities associated with a nonprofit organization whose purpose is the inculcation of religious values, and that serves primarily persons who share the religious tenets of the organization. (Ord. 699 § 2, 2014).

17.04.597 Resident-serving use.

Repealed by Ord. 714. (Ord. 614 § 3(A), 2004).

17.04.599 Residential care facility for the elderly, large.

A long-term residential facility for more than 12 seniors who may require limited medical care, and that allows residents to live independently in their own unit; provides meals, housekeeping and transportation services; has a scheduled calendar of events for residents; offers assistance with dressing, personal hygiene and medications; and has a resident doctor and/or registered nurse on staff. (Ord. 714 § 6(2), 2015).

17.04.600 Residential hillside development.

“Residential hillside development” shall mean activity which proposes to construct, rehabilitate, or relocate structures on properties or portions of properties that are part of a hillside, hilly, or mountainous area, ridgetop or plateau. (Ord. 339 § 1, 1978; Ord. 339 § 1, 1978).

17.04.605 Residential sign.

“Residential sign” shall mean a sign relating to a residential property, such as, but not limited to, the address or occupant name. (Ord. 606 § 3(AA), 2004; Ord. 580 § 3(W), 2002).

17.04.610 Resocialization facility.

Repealed by Ord. 714. (Ord. 339 § 1, 1978).

17.04.612 Resort.

“Resort” shall mean a facility of six or more units which serves as a destination point offering transient lodging accommodations for 30 days or less to the general public and in addition to lodging, a restaurant (may) be provided and sufficient other facilities may be provided so as to meet the majority of the needs of a transient visitor during his or her stay. Additional facilities may include but are not limited to: swimming pools, tennis courts, golf course, retail shops, meeting rooms, conference rooms, or bicycle rentals. (Ord. 528 § 3, 1997).

17.04.615 Restaurant.

“Restaurant” shall mean a place of business which sells or serves food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof, walls, and where incidental dining may be permitted out-of-doors on a patio, deck or terrace integrated into the building design.

17.04.616 Restaurant, formula.

“Formula restaurant” shall mean an eating establishment devoted to the preparation and offering of food and beverages for sale to the public for consumption either on or off the premises which, by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following:

A. Business name common to a similar business located elsewhere;

B. Standardized menus, ingredients, food preparation, uniforms, or other standardized features common to a restaurant located elsewhere;

C. Interior decor common to a similar business located elsewhere;

D. Architecture or exterior signs common to a similar business located elsewhere;

F. A name, appearance, or food presentation format which causes it to be substantially identical to another restaurant within or outside Calistoga. (Ord. 567 § 3, 2000; Ord. 519 § 3, 1996).

17.04.620 Scenic corridor.

“Scenic corridor” shall mean the visible land area outside the highway right-of-way and generally described as “the view from the road.” (Ord. 339 § 1, 1978).

17.04.625 Second dwelling unit.

Repealed by Ord. 729. (Ord. 536 §§ 3, 4, 1998).

17.04.626 Second dwelling unit permit.

Repealed by Ord. 706. (Ord. 599 § 7, 2004).

17.04.627 Service station.

“Service station” shall mean a place where gasoline or any other motor fuel, lubricating oil, or grease for the operation of motor vehicles is offered for sale to the public and deliveries are made directly into the vehicle, including sale of accessories for the vehicle, performance of minor repairs and lubrication, and the washing of automobiles where no chain conveyor or blower is used. (Ord. 339 § 1, 1978. Formerly 17.04.630).

17.04.627.5 Sexually oriented retail business.

“Sexually oriented retail business” shall mean any retail use that has as a substantial or significant portion of its stock in trade sexually oriented merchandise. (Ord. 643 § 4, 2007).

17.04.627.10 Sexually oriented merchandise.

“Sexually oriented merchandise” shall mean items such as sexually oriented videos/DVDs (rental and sales), sexually oriented devices, and other sexually oriented items such as books, cards, and games as well as other items which relate to, depict, or are intended for use in “specified sexual activities” or “specified anatomical areas” as those terms are defined in this chapter. (Ord. 643 § 5, 2007).

17.04.628 Side awning sign.

“Side awning sign” shall mean a sign which is designed on the narrow-most portion of an awning facing outward perpendicular to the street frontage. (Ord. 606 § 3(BB), 2004; Ord. 580 § 3(X), 2002).

17.04.629.5 Sidewalk dining.

“Sidewalk dining” shall mean the use of a public right-of-way for the consumption of food or beverages in conjunction with the operation of a food service establishment property license for such service under State and county health regulations which provides on-premises customer seating. (Ord. 654 § 2, 2008).

17.04.629.10 Sidewalk dining area.

“Sidewalk dining area” shall mean an area generally defined by the building’s frontage within the public right-of-way. (Ord. 654 § 2, 2008).

17.04.630 Sign.

“Sign” shall mean any identification, description, illustration or device illuminated or nonilluminated which directs attention to a product, place, activity, person, institution or business. Any emblem, painting, banner, flag, pennant, placard, lighting or other item designed to advertise, identify or convey information shall be considered a sign. (Ord. 606 § 3(CC), 2004; Ord. 580 § 3(Y), 2002. Formerly 17.04.631).

17.04.631 Sign copy.

“Sign copy” shall mean the actual area of any words, letter, numbers, designs, figures or other symbolic presentation incorporated into a sign with the purpose of attracting attention to the subject matter. (Ord. 606 § 3(DD), 2004; Ord. 580 § 3(Z), 2002).

17.04.632 Spa.

“Spa” or “health resort” shall mean a facility independent of or in conjunction with visitor accommodations where in addition to personal services, such as facials, massage and aromatherapy, services that involve shower facilities and baths (mud, steam and mineral) are provided.

17.04.632.5 Skilled nursing facility.

A licensed health-care institution for persons who need nursing care, but do not require hospitalization. Services generally include the supervision of the care of every patient by a physician, the employment full-time of at least one registered nurse, the availability of nursing care 24 hours a day, the availability of a physician on an emergency basis and the presence of facilities for storing and dispensing drugs. (Ord. 714 § 6(2), 2015).

17.04.633 Storage, public – Mini warehouse.

“Public storage” or “mini warehouse” shall mean a building or buildings used or intended for the use of storage of goods of any type and whereby an area within said building(s) is rented or leased to another party.

17.04.634 Story.

“Story” shall mean 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 topmost floor and the ceiling or roof above; if the finished floor level directly above a basement, garage or carport is more than six feet above grade at any point, such basement, garage or carport shall be considered a story. (Ord. 382 § 4, 1982).

17.04.635 Temporary sign.

“Temporary sign” shall mean a sign that is intended to be installed for a brief period of time, typically 30 days or less, which relates to a particular temporary or seasonal activity. (Ord. 606 § 3(EE), 2004; Ord. 580 § 3(AA), 2002).

17.04.635.5 Target population.

“Target population” means low-income adults having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Division 4.5 commencing with Section 4500) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 710 § 2, 2015).

17.04.636 Timeshare facilities.

A. “Timeshare estate” shall mean a right of occupancy in a timeshare project which is coupled with an estate in real property (tenants in common, joint tenants, individual ownership) and more specifically defined in the California Business and Professions Code Section 11003.5(b).

B. “Timeshare project” shall mean a project in which a purchaser receives the right in perpetuity, for life, for a term of years or specific span of time, to the recurrent, exclusive ownership, use or occupancy of a lot, parcel, unit, store, office or other segment of real property, annually or on some other periodic basis as specifically defined in the California Business and Professions Code Section 11003.5(a).

C. “Timeshare use” shall mean a license, contractual right or membership for a right of occupancy in a timeshare project which is not coupled with an estate in real property and as specifically defined in California Business and Professions Code 11003.5(c). (Ord. 528 § 3, 1997. Formerly 17.04.635).

17.04.636.5 Transient commercial occupancies of dwelling units.

“Transient commercial occupancies of dwelling units” shall mean the unpermitted commercial use of a dwelling unit for fewer than 30 consecutive days. (Ord. 699 § 2, 2014).

17.04.637 Under canopy sign.

“Under canopy sign” shall mean a sign under an awning. (Ord. 606 § 3(FF), 2004; Ord. 580 § 3(BB), 2002).

17.04.638 Use permits.

“Use permit” shall mean a permit issued by the Planning Commission or other designated authority for authorizing a particular land use subject to certain conditions of approval.

A. “Use permit, administrative” shall mean a use permit issued by the Director of Planning and Building for activities of a limited nature or duration as provided in Chapter 17.40 CMC.

B. “Use permit, major” shall mean a use permit issued by the Planning Commission or other designated authority for particular land uses which are specified in Chapter 17.40 CMC.

C. “Use permit, minor” shall mean a use permit issued by the Planning Commission or other designated authority for particular land uses which are specified in Chapter 17.40 CMC. (Ord. 528 § 3, 1997).

17.04.639 Visitor accommodations, formula.

“Formula visitor accommodations” shall mean a business primarily devoted to providing transient occupancy to nonresidents, the use of which is subject to the transient occupancy tax (TOT), including, but not limited to, bed and breakfast inns and facilities, inns, hotels, motels, and spa and health resorts, and which, by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following:

A. Business name common to a similar business located elsewhere;

B. Standardized services or uniforms common to a similar business located elsewhere;

C. Interior decor common to a similar business located elsewhere;

D. Architecture, exterior design, or signs common to a similar business located elsewhere;

F. A name, appearance, business presentation or other similar features, which make the business substantially identical to another business within or outside Calistoga. (Ord. 567 § 3, 2000).

17.04.639.5 Visitor-serving use.

“Visitor-serving use” shall mean those uses or businesses that would generally not be located in Calistoga if it were not for the presence of tourists or visitors, and are characterized by a redundancy in merchandise from store-to-store with products being substantially similar to such products sold in other major visitor destinations. Examples of visitor-serving uses or businesses are souvenir, t-shirt shops, art galleries, jewelry shops, visitor accommodations and spas. (Ord. 614 § 3(B), 2004).

17.04.640 Walkaway business.

“Walkaway business” shall mean an establishment which sells certain foods readily prepared for immediate consumption without facilities customarily incidental to a restaurant operation, such as waiter service. The certain foods are ice cream, candies, sandwiches, and soft drinks. (Ord. 339 § 1, 1978).

17.04.642 Wall-mounted sign.

“Wall-mounted sign” shall mean a sign mounted on a building, which projects outward from the building facade or is installed flat against the building wall. (Ord. 606 § 3(GG), 2004; Ord. 580 § 3(CC), 2002).

17.04.645 Window sign.

“Window sign” shall mean a sign which is painted, applied or otherwise affixed to a window or door containing a glass opening. (Ord. 606 § 3(HH), 2004; Ord. 580 § 3(DD), 2002).

17.04.646 Winery.

“Winery” shall mean a bonded establishment primarily used for the purpose of processing grapes or other fruit products into wine. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale or retail sales of wine produced or bottled on the premises. Ancillary activities such as public tours and tastings, private wine marketing events, sales of wine or winery-related merchandise, and public winery events may be conditionally permitted in conjunction with a winery. (Ord. 679 § 6, 2012; Ord. 625 § 1, 2005).

17.04.647 Winery events.

“Winery events” are events or activities which are open to or hosted by members of the general public. (Ord. 679 § 7, 2012).

17.04.648 Wine shop.

A “wine shop” is an establishment that purchases and sells wines from multiple wineries and distributors. Wine shops are not owned or operated by wineries and must possess a Type 20, 21 or 42 license from the State Department of Alcoholic Beverage Control (ABC). Wines sold in a wine shop may be made in other counties in California, other states or other countries. Incidental wine tastings may occur in wine shops. (Ord. 679 § 8, 2012).

17.04.649 Winery tasting room.

A “winery tasting room” is an establishment that sells wines on behalf of one or more wineries and enables consumers to taste wine (with and without charge) as a regular part of the sales business. Winery tasting rooms are owned or operated by wineries that possess a Type 02 license from the State Department of Alcoholic Beverage Control (ABC). (Ord. 750 § 2 (Exh. A § 1), 2021; Ord. 679 § 9, 2012).

17.04.649.5 Tasting room.

A “tasting room” is an establishment that sells alcohol on behalf of an off-site alcohol production facility and enables consumers to sample and taste alcohol (with and without charge) as a regular part of the sales business. The alcohol production facility possesses a Type 02 license from the State Department of Alcoholic Beverage Control (ABC). Tasting rooms include winery tasting rooms and tasting rooms operated in conjunction with an alcohol production facility off site. The use excludes bars and breweries with on-site alcohol production. (Ord. 750 § 2 (Exh. A § 1), 2021).

17.04.650 Yard.

“Yard” shall mean any space on a building site, which is open and unobstructed from the ground to the sky, except for projections permitted by this title. (Ord. 339 § 1, 1978).

17.04.660 Yard, front.

“Front yard” shall mean that area of a lot lying between the front lot line and the building setback line. (Ord. 339 § 1, 1978).

17.04.665 Yard, interior side.

“Interior side yard” shall mean that area of a lot lying between a side lot line that is shared with another lot and the building setback line. (Ord. 740 § 2 (Exh. A), 2018).

17.04.670 Yard, rear.

“Rear yard” shall mean that area of a lot lying between the rear lot line and the building setback line. (Ord. 382 § 5, 1982).

17.04.680 Yard, side.

“Side yard” shall mean that area of a lot lying between the side lot line and building setback line.

17.04.690 Yard, street side.

“Street side yard” shall mean that area of a lot lying between a side lot line that is adjacent to a street and the building setback line. (Ord. 740 § 2 (Exh. A), 2018).

17.04.700 Zero-emission vehicle.

“Zero-emission vehicle” shall mean any type of vehicle that has no tailpipe emissions. Vehicles run on electric motors and are powered by electricity delivered from batteries or hydrogen and fuel cells. In contrast to conventional internal combustion vehicles, zero-emission vehicles prevent air pollution, lower greenhouse gas emissions, and help integrate renewable energy into the transportation sector. There are two kinds of zero-emission vehicles: plug-in electric vehicles and hydrogen fuel cell electric vehicles. (Ord. 755 § 2 (Exh. 1), 2021).

17.04.710 Zero-emission vehicles – Battery charging station.

“Zero-emission vehicles – battery charging station” shall mean an accessory use consisting of one or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. This includes any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (Ord. 755 § 2 (Exh. 1), 2021).

17.04.720 Zero-emission vehicles – Hydrogen fuel cell station.

“Zero-emission vehicles – hydrogen fuel cell station” shall mean one or more hydrogen fuel cell filling spaces served by equipment that stores, conveys, and dispenses hydrogen to zero-emission vehicles. (Ord. 755 § 2 (Exh. 1), 2021).