Division 8. Definitions

Chapter 9.120
DEFINITIONS

Sections:

9.120.010    Purpose.

9.120.020    Definitions of land uses, specialized terms, and phrases.

9.120.010 Purpose.

A.    This chapter provides definitions of land uses, specialized terms, and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code.

B.    If a word is not defined in this chapter, or other provisions of the Municipal Code, the Director shall determine the correct definition. Likewise, where the phrase “...Illustrative examples include...” is used, the Director shall have the authority to determine if a proposed use is similar enough to the listed examples to be considered allowable under the defined land use category. The Director may instead defer making a determination and refer the matter to the Commission for their determination. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.120.020 Definitions of land uses, specialized terms, and phrases.

The following definitions are in alphabetical order:

A.    Definitions, “A.”

Abandoned. The cessation or suspension from developing or maintaining a structure or use for the stated period of time. (See Table 6-1, Amortization Schedule.)

Abutting/adjoining. Two (2) or more parcels of land sharing a common property line, or two (2) or more objects that physically touch each other. Lots only adjoining at a corner shall not be considered as abutting, unless the common property line measures more than eight feet (8').

Access. Safe, adequate, and usable ingress and egress to a property or use.

Accessory residential dwelling unit. A second permanent dwelling that is accessory to a primary dwelling on the same site. An accessory residential dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for cooking, eating, living, sanitation, and sleeping in a unit having no door or connection to the primary dwelling.

Accessory residential structures. Includes any accessory structure customarily associated with a residence, including carports, detached patio covers, garages, gazebos, greenhouses, hot tubs, sheds, spas, swimming pools, studios, tennis and similar recreational courts, workshops, and similar structures. Also includes home satellite dish antennas of eighteen inches (18") or less in diameter, and other receiving antennas for earth-based TV and radio broadcasts (larger satellite dish antennas, and broadcast and receiving antennas for ham radio and commercial applications, are included under the definition of “Wireless telecommunications facilities”).

Accessory residential uses. Includes any use that is customarily part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use.

Accessory retail uses. A use that is in addition to, clearly secondary and incidental to, and customarily associated with the primary or main retail use. Examples include the retail sales of various products in a store or similar facility that is located within a health care, hotel, industrial, or office complex for the purpose of serving employees or customers.

Accessory structure. A structure that is physically detached from, clearly secondary and incidental to, and customarily associated with the primary or main structure.

Accessory use. A land use that is in addition to, clearly secondary and incidental to, and customarily associated with the primary or main use.

Administrative use permit. A use of land identified by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowed in a particular zoning district subject to the Director’s approval of an administrative use permit in compliance with Chapter 62 of this title (Administrative Use Permits).

Adult business. Those businesses defined in Section 5.19.04 and subject to the provisions of Chapter 19 of Title 5.

Adult day care facilities. Facilities that provide care and supervision of adults, with some level of impairment, for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

1.    Adult day care center. A commercial or nonprofit adult day care facility not operated as a small or large family day care home. These may be operated in conjunction with a business, school, or religious facility, or as an independent land use.

2.    Large day care home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for nine (9) to fourteen (14) impaired adults.

3.    Small day care home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight (8) or fewer impaired adults.

Adult uses/entertainment. Any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, adult video store, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” but not including those uses or activities, the regulation of which is preempted by State law.

Advisory agency. The Planning Commission is the advisory agency to the City Council on all matters related to the planning, zoning, and use of the land, buildings, and structures.

Affordable housing. Housing with a recorded restriction that requires the housing for a certain minimum number of years, to be rented or owned by families and individuals whose income at initial occupancy is no more than the household income threshold requirement (a percent of the area median income) as determined by the Federal Department of Housing and Urban Development guidelines and adjusted for family size. Thereafter the units shall be rented or sold, subject to restrictions on appreciation as determined by the City to be reasonable and necessary to maintain long-term affordability.

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Development Code.

Agricultural technology. Establishments engaged in conducting research and experimental design, development, and manufacture of solutions to needs related to agriculture. Illustrative examples include:

Agricultural solutions and technologies

Bio-chemical technology

Biodegradable agro inputs

Bio-disinfectants, fertilizers, and pesticides

Cell culture

DNA sequencing

Food plant science and technology

Genetic engineering, mapping, and transformation

Genetically modified foods and plants

Molecular genetics

Nutrition research

Pest inhibitors

Processing of herbs and spices

Agricultural uses. The use of land to produce agricultural products, including private greenhouses and horticultural collections, flower and vegetable gardens, and fruit trees.

Alcoholic beverage sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premises consumption.

Alcohol and drug treatment facility. (See “group housing – residential care home/facility.”)

Alley. A public or private roadway, generally eighteen feet (18') to thirty feet (30') wide that provides vehicle access to the rear or side of parcels having other public street frontage, which is not intended for general traffic circulation.

Allowed use. A use of land identified by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and design review and/or building permit approval, subject to compliance with all applicable provisions of this Development Code.

Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

Alternative electric recharging facilities. A retail business offering facilities for recharging electric powered vehicles.

Alternative fuel facilities. A retail business selling vehicle fuels other than diesel and gasoline fuels (e.g., liquid petroleum gas (LPG), etc.).

Amenity. In conjunction with a development project, any or all of the following, proposed and provided by a project applicant in excess of the minimum requirements of this Development Code: permanent open space and landscaping; public art; recreational facilities; on-site child day care facilities, etc.

Animal boarding. See “kennels.”

Animal hospital and veterinary clinics. Office and medical treatment facilities where animals or pets are cared for during the time of treatment. Use as a kennel is limited to short time boarding and incidental to medical use. The special standards identified in Section 9.40.040 (Animal keeping) shall apply.

Animal keeping. The keeping of farm animals, including other animals not commonly regarded as household pets (e.g., birds, goats, horses, llamas, and sheep). Does not include cats, dogs, and other typical household pets (e.g., up to and including two (2) birds (e.g., parakeets)).

Antenna. A device for receiving or transmitting microwave, radio, television, or any other transmitted signal.

Apartment. See “multifamily housing.”

Apartment hotels. A building or portion of a building designed for or containing both individual guest rooms and/or suites of rooms and dwelling units. See also “multifamily housing.”

Appliance stores. See “furniture stores, furnishings, and equipment stores.”

Approval. Includes both approval and approval with conditions.

Architectural feature/projection. A building feature that is mounted on, and/or extends from, the surface of a building wall or facade, typically above ground level. Examples of architectural feature/projections include balconies, bay windows, eaves, fireplaces, lighting fixtures, etc. These features are integral to the architecture of the building.

Art, antiques, collectibles, and gift shops. Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books.

Assembly and meeting facilities. Indoor facilities for public assembly and/or group entertainment, other than sporting events, and including facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses (e.g., convent, monastery, nursery, and parsonage) on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, including full time educational institutions, hospitals, and other potentially related operations (e.g., a recreational camp) are classified according to their respective land use activities. See also “auditoriums and banquet/meeting halls.”

Assisted living facility (ALF). (See “group care home.”) A special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential. Does not include child or adult day care facilities (“Child day care facilities,” “Adult day care facilities”).

Attached. A structure that has a wall or roof in common with another structure.

Auction house. A facility devoted to the sale of property (e.g., merchandise, vehicles, etc.) to bidders under the supervision of an agent or entity within a fully enclosed structure.

Auditoriums and banquet/meeting halls. Indoor facilities for public assembly and/or group entertainment, other than sporting events, including: banquet halls, exhibition and conference/convention halls; meeting halls for rent; public and quasi public auditoriums; and similar public assembly uses.

Automated teller machines (ATM). A pedestrian oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, and may be designed for drive-through or walk-up use.

Automobile, mobile home, and motor vehicle sales. See “motor vehicle sales.”

Automobile muffler shop. See “motor vehicle repair and major maintenance.”

Automobile parts sales. See “motor vehicle parts sales.”

Automobile renting and leasing. See “motor vehicle sales.”

Automobile repair. See “motor vehicle repair and maintenance.”

Automobile service stations. See “stations, service.”

Awning. A roof-like cover that projects from the wall of a structure for the purpose of shielding from the sun.

B.    Definitions, “B.”

Bakeries, retail. Retail establishments primarily engaged in the retail sale of bakery products, including bread, cakes, and pies, and produce some or all of the products on the premises.

Bakeries, wholesale. Retail establishments engaged in the manufacture of bakery products for the purpose of resale only.

Balcony. Outdoor living space located on the second or higher floor of a structure, enclosed by a railing or other safety barrier.

Banks and financial services. Financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; flotation companies and other investment companies; and vehicle finance (equity) leasing agencies. See also “automated teller machines.”

Bare ground. Undeveloped surface without landscaping.

Bars and alcoholic beverage drinking places. A structure or tenant space within a structure where alcoholic beverages are sold for on-site consumption that are not part of a larger restaurant. Includes bars, pubs, taverns, similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/or dancing), and beer brewing as part of a “brewpub.”

Basement. Habitable space within a structure where more than one-half (1/2) of the distance from its floor to ceiling is below grade.

Beauty college. See “schools – specialized education and training.”

Beauty shop. A retail business offering some or all of the following services: hair styling, hair permanents, hair dyeing, nail painting, nail treatments and other such treatments to enhance the personal appearance of the head, hands, and feet of clientele. A beauty shop may also provide permanent cosmetics and body piercing as an ancillary service to the primary business. Ancillary uses shall account for no more than twenty percent (20%) of the total square footage and no more than twenty percent (20%) of the gross sales of a permitted primary business use.

Bed and breakfast inn. A single-family dwelling, with one family in permanent residence, where five (5) or fewer guest bedrooms without individual cooking facilities are rented for overnight lodging. This definition does not include “hotels and motels,” which are defined separately, or the rental of an entire residence for one week or longer.

Berm. A mound or embankment of earth, or curb.

Beverage production. Manufacturing facilities including bottling plants, breweries, coffee roasting, soft drink production, and wineries. Does not include milk processing, which is included under the definition of “food products.” May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of “bars and alcoholic beverage drinking places” if alcoholic beverages are tasted, and under “restaurant” if beverages are nonalcoholic.

Bicycle shops. See “retail stores, general merchandise.”

Billiard parlors. Establishments providing indoor amusement and entertainment services for a fee or admission charge that contain billiard and/or pool tables and similar games of skill (e.g., dartboards, etc.). May also include limited associated commercial operations (e.g., billiard equipment sales, food and/or beverage service, etc.).

Bio-technology. Establishments engaged in the scientific manipulation of living organisms, especially at the molecular genetic level, and the application of advanced biological techniques in the manufacture of useful industrial products, including the production of antibiotics, insulin, and interferon, or for environmental management (e.g., waste recycling). Gene splicing and use of recombinant DNA (rDNA) are major techniques used.

Biomedical technology. Establishments engaged in the use of engineering methods, instrumentation, and technology (e.g., biological, medical, and physical science) to solve medical problems. Illustrative examples include:

Cell culture

DNA sequencing

Design and construction of hospitals

Manufacture of artificial limbs and organs

Study of ways to control the environment

Blacksmith. See “metal products fabrication.”

Block. The smallest area that is surrounded by city streets or rights-of-way. They form the basic unit of a city’s urban fabric.

Block frontage. See “frontage.”

Boarding home/rooming house. A residence or dwelling unit or part thereof, other than a hotel/motel/long-term stay, wherein two (2) or more rooms are rented for monetary or nonmonetary consideration to individuals under separate rental agreements, leases, subleases or combination thereof, either written or oral, whether or not an owner, agent, representative or rental manager resides within the residence. This definition does not include an accessory dwelling unit as permitted by Chapter 40 of this title.

Boat building, repairing, and sales. Retail establishments selling and/or renting new and/or used boats and associated marine equipment (e.g. jet skis, trailers, etc.). Also includes parts sales or service facilities only when part of a dealership selling new marine equipment on the same site.

Body art. Body piercing, permanent cosmetics, or tattoos made on, with, or consisting of the human body.

Body art establishment. Any permanent premises, business, location, facility, room, or any portion thereof, used or operated as a body piercing parlor, as a permanent cosmetics parlor, or as a tattoo parlor. Body art establishments shall not include any temporary or mobile locations used or operated as a body piercing parlor, as a permanent cosmetics parlor, or as a tattoo parlor nor are any such temporary or mobile facilities allowed for per the ordinance codified in this Code.

Bowling alley. Establishments providing indoor amusement and entertainment services for a fee or admission charge that contain bowling lanes and similar games of skill (e.g., billiard tables, dartboards, etc.). May also include limited associated commercial operations (e.g., bowling equipment sales, food and/or beverage service, etc.).

Broadcasting studios. Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely located within structures. See also “recording studios.”

Building. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Development Code, the term “structure” includes “buildings.”

Building area. The sum in square feet of the ground areas occupied by all buildings and structures on a lot.

Building coverage. The percent of parcel area which may be covered by all the footprints of structures on a parcel.

Building envelope. The three (3) dimensional space within which a structure is allowed on a parcel that is defined by maximum height regulations and minimum setbacks.

Building height. The building height is the vertical distance from the surrounding finished grade to the highest point of the structure, excluding chimneys and vents. Please refer to Section 9.24.080 (Height measurement and height limit exceptions) for specific provisions (e.g., building pad, foundation, etc.).

Building material stores. Retail establishments selling lumber and other large building materials, primarily indoors with limited outdoor inventory and sales (e.g., nursery stock and equipment sales), and also including fixtures, glass, nursery stock, paint, wallpaper, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of “retail stores, general merchandise”). Includes all stores selling to the general public, even if contractor sales account for a larger proportion of total sales. Includes incidental retail ready mix concrete operations, except where excluded by a specific zoning district. Building materials sales businesses that store most of their product inventory outdoors are included under “Lumber and wood products.” Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “wholesaling and distribution.”

Building Official. The City of Clovis employee designated by the City Manager as the City’s Building Official.

Building, temporary. Shall mean the same as “structure – temporary.”

Business. The purchase, sale, or other transaction involving the handling or disposition (other than that included in the term “industry” as defined in this section) of any article, substance, or commodity for profit or a livelihood, including, in addition, the operation of automobile or trailer courts, tourist courts and motels, public garages, office buildings, offices of doctors and other professional persons, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, and places where commodities or services are sold or are offered for sale, either by the direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards.

Business support services. Establishments primarily within structures, providing other businesses with services, including maintenance, repair and service, testing, and rental. Illustrative examples include:

Blueprinting

Business equipment repair services (except vehicle repair; see also “repair and maintenance – vehicle”)

Catering services

Commercial art and design (production)

Computer-related services (rental, repair)

Copying, quick printing, and blueprinting services

Equipment rental businesses within structures

Equipment repair services where repair occurs on the client site

Film processing laboratories

Janitorial services

Mail advertising services (reproduction and shipping)

Photocopying

Photo finishing

Protective services (other than office related)

Sign making (indoors only)

Soils and materials testing laboratories

Window cleaning

C.    Definitions, “C.”

Cafeteria. Similar to a restaurant, but where the food (e.g., prepared dishes, sandwiches, desserts, and/or beverages) is selected while the patron proceeds in a line. After choosing and paying for the selected items, the patron proceeds with the food to an open table of choice.

California Environmental Quality Act (CEQA). California Public Resources Code Section 21000 et seq. and Administrative Code Section 15000 et seq.

Campgrounds. Limited facilities providing designated tent areas, tables, fireplaces or grills, and assigned parking spaces, and related structures for the overnight enjoyment of the public within an open space setting.

Car washes. See “motor vehicle washes.”

Card rooms. A portion of a gaming club in which legal gambling and/or gaming is conducted.

Cargo container. Any box-shaped container which is no less than thirty-two (32) square feet in area, of metal construction, enclosed on all sides including top and bottom, and was originally designed and built to store cargo for shipping by truck, train, or boat.

Carpet sales. See “furniture stores, furnishings and equipment stores.”

Carport. See “garage or carport.”

Caretaker housing. A structure constructed to residential occupancy standards in compliance with the California Building Code that is accessory to a nonresidential use and required for security or twenty-four (24) hour care or supervision.

Catering services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.

Cemeteries. A facility used, or intended to be used, for the burial of the dead and dedicated for that purpose, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with, and within the boundaries of, the subject premises.

Chemical products manufacturing. Manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three (3) general classes of products: (1) basic chemicals including acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture, including dry colors, plastic materials, pigments, and synthetic fibers; and (3) finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints and fertilizers.

Child day care facilities. Facilities that provide care and supervision of minor children for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

1.    Child day care center. A commercial or nonprofit child day care facility not operated as a small or large family day care home. Includes infant centers, preschools, and extended day care facilities. These may be operated in conjunction with a business, school, or religious facility, or as an independent land use.

2.    Large day care home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for nine (9) to fourteen (14) children. Children under the age of ten (10) years who reside in the home count as children served by the day care facility.

3.    Small day care home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight (8) or fewer children. Children under the age of ten (10) years who reside in the home count as children served by the day care facility.

Church. Shall mean a permanently located building, commonly used for religious worship.

City. The City of Clovis, State of California, referred to in this Development Code as the “City.”

City Council. The Clovis City Council, referred to in this Development Code as the “Council.”

City Engineer. The City of Clovis employee designated by the City Manager as the City Engineer.

Cleaning and dyeing shops. See “personal services.”

Clinic. A place for group medical services not involving the overnight housing of patients.

Clothing products. Manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics, and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (“retail stores, general merchandise”) are instead included under “personal services.” See also “leather products” and “textile products.”

Clothing stores. See “retail stores, general merchandise.”

Coffee shops/kiosks. A retail business selling ready-to-eat food and/or beverages for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption (“counter service”); and establishments where customers are served food at their tables for on-premises consumption (“table service”), that may also provide food for take-out.

Coffee – specialty sales. See “retail stores, general merchandise.”

College. An educational institution offering advanced instruction in any academic field beyond the secondary level, not including trade schools or business colleges. Also see “schools – colleges and universities.”

College trade. A school offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technicians schools, and similar commercial establishments operated by nongovernmental organizations. Also see “schools – specialized education and training.”

Commercial blood bank. See “medical services – clinics and laboratories.”

Commercial vehicle. A commercial vehicle larger than a one-ton capacity used for business purposes.

Commission. See “Planning Commission.”

Communication equipment building. Buildings housing electrical and mechanical equipment necessary for the conduct of a public communications business, with or without the necessary personnel.

Community apartments and condominiums. A development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment or condominium located on the land.

Community/culture centers. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

Computer integrated systems design. Establishments engaged in planning and designing computer systems that integrate computer hardware, software, and communication technologies. The hardware and software components of the system may be provided by these establishments or companies as part of integrated services or may be provided by third parties or vendors. These establishments often install the system and train and support uses of the system. Illustrative examples include:

CAD/CAM systems design

Computer-aided engineering

Computer systems integration design

Information management computer systems integration design

Local area network (LAN) computer systems integration design

Office automation computer systems integration design

Concrete and cement products. Manufacturing establishments producing bulk concrete, concrete building block, brick, and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under “Building material stores.”

Conditional use. A use of land identified by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowed in a particular zoning district subject to the approval of a conditional use permit in compliance with Chapter 64 of this title (Conditional Use Permits).

Condominium. As defined by Civil Code Section 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

Confectionery stores. See “retail stores, general merchandise.”

Construction commencement. Satisfactory completion of the site preparation, grading, forms, and foundations, including reinforcing steel, and all electrical, plumbing, and air conditioning groundwork.

Contractor’s storage yard. Storage yard operated by, or on behalf of, a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and structures for uses including offices and repair facilities.

Convenience stores. Retail establishments in a commercial structure with a square footage of less than five thousand (5,000) square feet which carry a limited range of common merchandise and frequently used food items, oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility.

Copy services. See “business support services.”

Corner cutoff area. See “traffic safety sight area.”

Cosmetic products. Manufacturing facilities that use basic chemicals to produce cosmetics and cosmetic-type products.

Cottage food operations. Home food facilities operated in conformance with Section 113785 of the California Health and Safety Code, including permanent and nonpermanent food facilities.

Cottage home program. The program provides plans for the construction of a cottage home on properties that are in a residential zoning district area in which an alley is located. The cottage home is considered an accessory dwelling unit.

County Recorder. The County Recorder of the County of Fresno.

Coverage. Shall mean the same as site or parcel coverage.

Creek corridors. See “open space, public.”

Cul-de-sac. A lot fronting on, or with more than one-half (1/2) of its lot width fronting on, the turn-around-end of a cul-de-sac street.

D.    Definitions, “D.”

Dairy products. See “retail stores, general merchandise.”

Data processing and preparations. Establishments engaged in providing electronic data processing services. These establishments may provide complete processing and preparation of reports from data supplied by customers; specialized services (e.g., automated data entry services); or may make data processing resources available to clients on an hourly or timesharing basis. Illustrative examples include:

Calculating services

Computer input preparation services

Computer time leasing/rental

Data entry/processing services

Electronic data processing services

Optical scanning services

 

Dental equipment and supply manufacturing. Establishments engaged in manufacturing dental equipment and supplies used by dental laboratories and offices of dentists. Illustrative examples include:

Autoclaves

Broaches

Cabinets

Cutting instruments

Dental cement

Dental chairs

Dental instrument delivery systems

Dental hand instruments

Dental impression material

Density. The number of housing units per gross acre, unless otherwise stated, for residential uses.

Density bonus. An additional number of dwelling units than normally allowed on a parcel by the applicable zoning district, granted by the City in compliance with Chapter 26 of this title (Affordable Housing Incentives/Density Bonus Provisions).

Department. The Clovis Planning Development Services Department, referred to in this Development Code as the “Department.”

Department stores. See “retail stores, general merchandise.”

Detached. Any structure that does not have a wall or roof in common with another structure.

Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Development Code.

Development agreement. A contract between the City and an applicant for a development project in compliance with Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

Director. The City of Clovis Director of Planning and Development Services, referred to in this Development Code as the “Director” or designee of the Director.

Domestic birds. Budgies, canaries, cardinals, cockatiels, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, sparrows, toucans, weavers, and similar birds.

Domestic violence shelter. (See “group housing – residential care home/facility.”)

Drainage channel. Any existing or proposed open ditch, open culvert, or open channel naturally created or designed to transmit water for flood control or irrigation purposes.

Drive-in and drive-through uses/services. Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up teller windows and ATMs at banks. Does not include service stations, which are separately defined, or motor vehicle washes.

Driveway. Any vehicular access to an off-street parking or loading facility. The special standards set forth in Section 9.32.080 shall apply.

Drugstores. See “retail stores, general merchandise” or “pharmacies or prescription pharmacies.”

Drugstores, super. A drugstore with a gross floor area of ten thousand (10,000) square feet or more.

Dry goods. See “retail stores, general merchandise.”

Duplexes. Residential structures containing two (2) dwelling units.

Dwelling. A structure or portion thereof designed for residential occupancy, not including hotels or motels.

Dwelling, multiple. A structure containing two (2) or more dwelling units.

Dwelling unit. Any structure designed or used for the shelter or housing of one or more persons.

E.    Definitions, “E.”

Easement. A space on a parcel of land, and so indicated on a subdivision map or in a deed restriction, reserved for and/or used for public utilities, and/or private or public purposes.

Eating establishment. A business selling prepared and cooked food within an enclosed building for consumption anywhere on the premises, including the parking lot and elsewhere off site. The characteristics of an eating establishment include payment prior to receiving food; no table service during the consumption of food; ordering food via a billboard menu; and/or obtaining food at the area where the order was placed.

Educational institution. A public or other nonprofit institution conducting regular academic instruction at preschool, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions shall either (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or (2) confer degrees as a college or university of undergraduate or graduate standing, or (3) conduct research, or (4) give religious instruction. This definition shall not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor shall this definition include commercial or trade schools.

Electric distribution/transmission substation. An electric substation with a primary voltage of one hundred ten (110) KV or less, with distribution circuits served therefrom.

Electrical equipment manufacturing. Establishments engaged in manufacturing distribution, power, and specialty transformers; electric motors, generators, and motor generator sets; industrial controls; relays; and switchgear and switchboard apparatus (e.g., circuit breakers, fuses, power switching equipment).

Electronic component manufacturing. Establishments engaged in manufacturing electrical equipment and components (except electric lighting equipment, generators, household type appliances, industrial controls, motors, relays, switchgear and switchboard apparatus, and transformers). Illustrative examples include:

Antennas

Cryogenic cooling devices

Magnetic cores

Sockets

Electronic motor rebuilding. See “repair and maintenance – consumer products.”

Emergency electrical generators. Those facilities that provide temporary emergency electrical power for residential uses generating noise in excess of that allowed under the general plan noise element. Test cycle operation shall be limited to the hours between 10:00 a.m. and 4:00 p.m.

Emergency shelters. Any facility, the primary purpose of which is to provide temporary shelter for the homeless in general related to a declared emergency.

Employee credit unions. See “banks and financial services.”

Employee housing. Housing providing accommodations for six (6) or fewer employees and shall be deemed a single-family structure and a residential use of the property by a single household per the requirements of Section 17021.5 of the California Health and Safety Code.

Engine rebuilding and reconditioning. See “motor vehicle repair and major maintenance.”

Enlargement/expansion of use. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area than before the expansion.

Equestrian facilities. Horse, donkey, and mule facilities including boarding stables, horse ranches, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.

Equipment rental/sales. Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment.

Essential services. A class of facilities/uses which have been designated by legislative action. See “public facilities” and “public utility facilities.”

F.    Definitions, “F.”

Fabric product manufacturing. Manufacturing establishments fabricating clothing, draperies, and other products by cutting and sewing purchased textile fabrics and related materials (e.g., leather, rubberized fabrics, plastics and furs). Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (“retail stores, general merchandise”) are instead included under “personal services.” See also “leather products” and “textile products.”

Family. One person living alone or two (2) or more persons living together in a dwelling unit with common access to, and common use of, all living, kitchen, and eating areas within the dwelling unit. Members of the family shall have established ties and familiarity with each other and shall have control over who becomes a member of the family. Family does not include a fraternity, sorority, club, or other group occupying a hotel, other transient lodging, or institution of any kind.

Farm equipment and supplies sales. Retail establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.

Farmworker housing. Housing accommodation provided to farmworkers in zones allowing agricultural uses that is limited to thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single household. The permitted occupancy in farmworker housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the farmworker housing is located.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Feed and fuel stores. See “retail stores, general merchandise.”

Fence. An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas.

Fire stations. See “public facilities.”

Fish markets. See “retail stores, general merchandise.”

Floodway. The channel of a river or other watercourse and adjacent land areas necessary to discharge the waters from a one hundred (100) year designated flood frequency.

Floor area, gross. The area included within the surrounding exterior finish wall surface of a structure or portion thereof, exclusive of courtyards.

Floor area ratio (FAR). The ratio of floor area to total parcel area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all structures (measured from exterior wall to exterior wall) allowed on a site shall be determined by multiplying the floor area ratio (FAR) by the total area of the site (FAR x site area = maximum allowable floor area).

Food and beverage manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Illustrative examples include:

Bakeries

Bottling plants

Breweries

Candy, sugar and confectionery products manufacturing

Catering services separate from stores or restaurants

Coffee roasting

Dairy products manufacturing

Fats and oil product manufacturing

Fruit and vegetable canning, preserving, related processing

Grain mill products and by-products

Meat, poultry, and seafood canning, curing, by-product processing

Miscellaneous food item preparation from raw products

Soft drink production

May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of “bars and alcoholic beverage drinking places” if alcoholic beverages are tasted, and under “restaurants” if beverages are nonalcoholic.

Does not include: bakeries which sell all products on site (listed in Division 2 of this title (Zoning Districts) as “bakeries”) or beer brewing as part of a brewpub, bar, or restaurant (see “bars and alcoholic beverage drinking places”).

Food products. Manufacturing establishments producing or processing foods for human consumption and certain related products. Illustrative examples include:

Bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution are included under “retail stores, general merchandise”)

Dairy products processing

Fats and oil products (not including rendering plants)

Fruit and vegetable canning, preserving, and related processing

Grain mill products and by-products

Meat, poultry, and seafood canning, curing and by-product processing (not including facilities that also slaughter animals)

Miscellaneous food preparation from raw products, including catering services that are independent from food stores or restaurants

Fortune-telling. The act of making predictions about a person’s future by using a variety of methods (e.g., looking into a crystal ball, reading palms, or using tarot cards).

Fraternity. A building or structure housing a group of men associated for their common interests. Such group may eat, sleep, and otherwise use such facilities as are provided on the premises.

Freestanding building. A structure standing alone, on its own foundation, free of attachment with another structure.

Freeway. A highway for through traffic, with full or partial control of access, and generally with grade separations at intersections.

Freeway, landscaped. A freeway which is landscaped and maintained by a public authority.

Frontage.

1.    Building.

2.    Occupancy/lease.

3.    Site/project.

4.    Street, service road or highway.

FIGURE 8-1
FRONTAGE TYPES

Frozen food lockers. Industrial establishments that provide freezers and other similar types of secured accommodations for the storage of food and other perishables for use by the food service industry as well as retail and wholesale outlets.

Fruit and vegetable stores. See “retail stores, general merchandise.”

Furniture/fixtures manufacturing, cabinet shops. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under “lumber and wood manufacturing.”

Furniture stores, furnishings, and equipment stores. Retail establishments primarily selling: home furnishings including draperies, floor coverings, furniture, glass and chinaware, refrigerators, stoves, other household electrical and gas appliances including televisions and home sound systems, and outdoor furniture including lawn furniture, spas, and hot tubs. Also includes the retail sale of office furniture and pianos.

Furniture upholstery shops. See “repair and maintenance – consumer products.”

G.    Definitions, “G.”

Garage or carport. Parking space and shelter for automobiles or other motor vehicles, where the size of the parking space complies with the provisions of Chapter 32 of this title (Parking and Loading Standards).

1.    Garage. An attached or detached accessory structure with a vehicle door, enclosed on all sides.

2.    Carport. An attached or detached accessory structure enclosed on no more than three (3) sides.

Garden apartments. An apartment building having a low density of population and having substantial landscaped open space located adjacent to the dwelling units.

Garden supply stores. See “retail stores, general merchandise.”

General Plan. The City of Clovis General Plan, including all elements thereof and all amendments thereto, as adopted by the City Council under the provisions of Government Code Section 65300 et seq., and referred to in this Development Code as the “General Plan.”

Glass and chinaware stores. See “furniture stores, furnishings, and equipment stores.”

Glass products. Manufacturing establishments producing flat glass and other glass products which are blown, pressed, or shaped from glass produced in the same establishment. Includes large scale artisan and craftsman type operations producing primarily for the wholesale market.

Going out of business. A limited promotional activity not exceeding ninety (90) calendar days used by an established business to inform the public of their final cessation of business activities and their desire and/or need to sell off their remaining inventory and equipment. “Going out of business” does not mean an annual or occasional promotional sale conducted by an ongoing business.

Golf courses, country clubs. Public and private golf courses and country clubs, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges (driving ranges separate from golf courses are instead classified under “Outdoor recreation, commercial”); “pro shops” for on-site sales of golfing equipment; and golf cart storage and sales facilities.

Golf courses, miniature. See “outdoor recreation, commercial.”

Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the allowed height of a structure.

1.    Average grade. The elevation determined by computing the mathematical average of the elevations of the highest and lowest points on the boundaries of the area for which average grade is being determined.

2.    Existing or natural grade. The contour of the ground surface before grading.

3.    Finish grade. The final contour of the ground surface of a site that conforms to the approved grading plan.

4.    Street grade. The elevation of the centerline of the street.

Grain elevators. See “warehousing.”

Grand opening. A promotional activity not exceeding thirty (30) calendar days used by a newly established business, within two (2) months after initial occupancy, to inform the public of the location and services available to the community. “Grand opening” does not mean an annual or occasional promotional sale conducted by an ongoing business.

Greenhouse, commercial. Facilities for the indoor propagation of plants for commercial sale.

Grocery stores. See “retail stores, general merchandise.”

Gross acreage. The total area within the lot lines of a parcel before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from the parcel.

Group care home. Shall be as defined in Section 9.40.100, Group housing.

Group housing – residential care home/facility. Shall be as defined in Section 9.40.100, Group housing.

Guest housing. Living quarters, which shall not be rented, located on the same premises with a main residence, and occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises.

Guest ranch. A facility housing guests, providing meals and rooms, and having recreational activities of one or more types for compensation.

H.    Definitions, “H.”

Handcraft industries, small scale manufacturing. Manufacturing establishments not classified in another major manufacturing group, including: buttons, costume novelties; brooms and brushes; jewelry; musical instruments; pens, pencils, and other office and artists’ materials; sporting and athletic goods; toys; and other miscellaneous manufacturing industries.

Hardware stores. See “retail stores, general merchandise.”

Hazardous materials. Any material or substance that, by reason of its abrasive, caustic, corrosive, toxic, or otherwise injurious properties may be detrimental to the health of any person handling or otherwise coming into contact with the material or substance.

Health and beauty product manufacturing. Establishments engaged in manufacturing health and beauty products. Does not include over-the-counter medicines or prescription drugs. Illustrative examples include:

Cosmetics

Creams

Dental care products

Deodorants

Feminine hygiene products

Hair care products (e.g., brushes and combs, dyes, rinses, shampoos, sprays)

Lotions

Minerals

Nail care products (e.g., adhesives, polish, remover)

Oils

Powders

Soaps

Vitamins

Health and beauty product research and development. Establishments engaged in the research and development of health and beauty products. See also “health and beauty product manufacturing.”

Health/fitness facilities, indoor. Physical fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; indoor handball, basketball, racquetball, tennis, and other indoor sports activities.

Health/fitness facilities, outdoor. Physical fitness centers, gymnasiums, health and athletic clubs including handball, basketball, racquetball, tennis, and other sports activities.

Health studio. A retail business offering some or all of the following services: skin and body therapy (body massage, body care treatments), skin care (clinical and spa facials), or body health regimens (exercise activities and/or exercise equipment – under five thousand (5,000) square feet of gross floor area). A health studio may also provide permanent cosmetics and body piercing as an ancillary service to the primary business. Ancillary uses shall account for no more than twenty percent (20%) of the total square footage and no more than twenty percent (20%) of the gross sales of a permitted primary business use.

Health food stores. See “retail stores, general merchandise.”

Hedge. A plant or series of plants, shrubs, or other landscape materials, so arranged as to form a physical barrier or enclosure.

Highway setback line. The future right-of-way lines or plan lines of any highway as shown on the Official Plan of Streets and Highways for highway use. A yard abutting such a highway shall be measured from such future right-of-way line.

Historic Preservation Board. A City review board designated to promote the cultural, economic, educational, and general welfare of the City through the preservation and protection of buildings, sites, structures, areas, and districts of historic significance and interest.

Hobby shops. See “retail stores, general merchandise.”

Home furnishings. See “furniture, furnishings, and equipment stores.”

Home occupations. An accessory commercial activity or business service conducted on the site of a residential dwelling unit, only by residents of the unit (except for large home occupations), in a manner clearly incidental to the residential character of the site and surrounding neighborhood, and in compliance with the provisions of Section 9.58.060 (Home occupation operating standards) and Chapter 58 of this title (Home Occupation Permits).

Homeless and transitional shelters. See “transitional housing.”

Horses. See Section 9.40.040 (Animal keeping).

Hospitals and sanitariums. Institutions designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment, and institutions for the cure of chronic drug addicts and mental patients.

Hotels or motels. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging for up to thirty (30) days. Hotels generally provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, meeting facilities, personal services, restaurants, etc. Motels generally provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities (e.g., accessory retail uses, indoor athletic facilities, swimming pools, tennis courts, etc.).

Household pets. Domestic animals ordinarily allowed in a place of residence, kept for company and pleasure, including cats, dogs, domestic birds, guinea pigs, mice, rabbits, registered Vietnamese potbellied pigs, white rats, and other similar animals generally considered by the public to be kept as pets, excluding farm animals. The keeping of household pets shall be in compliance with Section 9.40.040 (Animal keeping) and Chapter 1 of Title 6.

Housing for the elderly. Housing consisting of at least eight (8) units restricted to a person sixty (60) years of age or older, or to a person sixty (60) years of age or older plus spouse then residing with such elderly person.

I.    Definitions, “I.”

Ice cream sales. See “retail stores, general merchandise.”

Ice storage. Establishments that store ice and ice-related products for personal, commercial, and/or industrial purposes. See also “storage, indoor.”

Improvement. For the purposes of subdivision and development, an improvement includes any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land within an approved subdivision to be used for public or private streets, highways, and easements for the use of the parcel owners and to accommodate neighborhood traffic and drainage needs. Improvement also refers to any other improvements, the installation of which by either the subdivider, a public agency, utility company, or any other entity, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.

Indoor amusement/entertainment centers. Primarily indoor establishments providing amusement/entertainment services for a fee or admission charge, including: arcades emphasizing coin-operated amusements and/or electronic games; bowling alleys; cyber cafes, dance halls, clubs and ballrooms, and pool and billiard rooms that are principal uses rather than being subordinate to a bar or restaurant; and ice skating and roller skating. Does not include “adult businesses,” which are separately defined.

Industrial Classifications. When a use is listed as permitted, permitted subject to conditions, or is expressly prohibited, the use shall be as defined in the latest edition of the “Standard Industrial Classification Manual,” Executive Office of the President, Bureau of the Budget, on file in the Planning Department, if defined in said manual.

Industry. The manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, or any other treatment thereof, in such a manner as to change the form, character, or appearance thereof, including storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprises.

Informational/interpretative centers. Basic, low intensity facilities for the education of the public related to areas containing valuable resources warranting protection, including simple bulletin boards, exhibit shelters, and interpretive signs. See also “open space, public.”

Intensification of use. A change in the use of a structure or site, where the new use is required by Chapter 32 of this title (Parking and Loading Standards) to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generates more activity on the site.

J.    Definitions, “J.”

Jewelry, limited artistic manufacturing. See “retail stores, general merchandise.”

Jewelry store. A retail business which sells new jewelry items, to include rings, necklaces, pendants, earrings, wristwatches and similar pieces of merchandise. A jewelry store may also provide body piercing as an ancillary service to the primary business. Ancillary uses shall account for no more than twenty percent (20%) of the total square footage and no more than twenty percent (20%) of the gross sales of a permitted primary business use.

Junk. Any worn out, cast off, or discarded article or material which is ready for destruction or which has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.

Junkyard. Any lot, or the use of any portion of a lot, for the dismantling of machinery (not including motor vehicles), or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials, with no burning permitted. (For motor vehicles, see “automobile wrecking yard.”) “Junkyard” shall also mean any lot or parcel of land where more than ten (10) square feet of the area is used for the storage of junk or salvaged materials, including, but not limited to, scrap metal, wood, paper, rags, or other scrap materials or inoperable automobiles or other vehicles and equipment unless such junk or salvaged materials are completely enclosed within a building or shielded from view by a solid six foot (6') high fence.

K.    Definitions, “K.”

Kennels. Facilities where four (4) or more dogs, cats, or other small animals over the age of four (4) months are kept, whether for breeding, exhibiting, pleasure, or profit including places where the animals are boarded, kept for sale, or hire.

Kitchen. An area designed and/or used for the preparation of food, which includes any three (3) of the following features:

1.    Cooking or food heating equipment, including a hot plate, microwave, oven, or range;

2.    A refrigerator or other device for cold storage;

3.    Cabinets, shelves, or other facilities for storage of food and/or utensils; or

4.    A sink and water supply.

L.    Definitions, “L.”

Laboratories. Establishments providing medical or dental laboratory services, or an establishment providing analytical, photographic, or testing services.

Labor camp, permanent farm. Living quarters, dwellings, boardinghouses, bunkhouses, automobile trailers, or other permanent housing accommodations maintained in connection with any farm work or place where farm work is being performed, provided for the housing of five (5) or more farm employees.

Labor camp, temporary farm. Living quarters, such as tents or automobile trailers, temporarily maintained in connection with any farm work or place where farm work is being performed on the premises, provided for the camping of five (5) or more temporary farm employees. Such camp shall be occupied or used for a period not to exceed ninety (90) consecutive days.

Landscaping. See Chapter 28 of this title (Landscaping Standards).

Large day care homes. See “child day care facilities.”

Laundromats and dry cleaning. Retail establishments engaged in the business of providing cleaning services (e.g., clothing, drapes, curtains, garments, table clothes, etc.) for the general public. These establishments are for drop-off/pick-up purposes only. Commercial laundries, dry cleaning plants, and other similar heavy commercial/industrial type of land uses are not included in this category.

Laundries and dry cleaning plants. Service establishments primarily engaged in high volume laundry and garment services, including: diaper service; power laundries (family and commercial); garment pressing and dry cleaning; linen supply; industrial laundries; and carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick up stores without dry cleaning equipment, which are classified in “laundromats and dry cleaning.”

Leather goods and luggage stores. See “retail stores, general merchandise.”

Leather products. The assembly of finished products made primarily from purchased leather goods including: clothing, furniture, luggage, saddles, shoes/boots, and similar items. Does not include dyeing, tanning, or other processing of leather hides.

Libraries and museums. Public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.

Lightweight frame structures. A framed covered accessory structure composed of a rigid framework to support a tensioned membrane or similar cover that serves as a weather barrier.

Liquor stores, off-site consumption. Retail establishments that primarily sell packaged liquor products, including beer, wine, and other alcoholic beverages. This definition shall include establishments in which an ancillary selection of nonalcoholic items or food items are sold.

Live/work units. An integrated dwelling unit and working space (e.g., the creation and retail sales of arts and crafts), occupied and utilized by a single housekeeping unit in a structure that has been modified or designed to accommodate joint residential occupancy and work activity, and which includes complete kitchen and sanitary facilities in compliance with applicable building standards and working space reserved for and regularly used by one or more occupants of the unit.

Loading. The removal or placement of any commodity in, on, or from a vehicle of any type.

Loading space. An off-street space or berth on the same parcel with a main structure, or contiguous to a group of structures, for the temporary parking of commercial vehicles while loading or unloading. The space shall have unobstructed access to an alley, public street, or other appropriate and approved means of ingress and egress.

Local street or local highway. A street or road primarily for service to abutting property.

Lodging house. The same as “boardinghouse.”

Lot or parcel. A recorded parcel of real property under private or public ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Development Code. Types of parcels include the following (see Figure 8-2 (Lot Types)):

1.    Corner lot. A parcel located at the intersection of two (2) or more streets, where they intersect at an interior angle of not more than one hundred twenty (120) degrees. If the intersection angle is more than one hundred twenty (120) degrees, the parcel is considered an interior parcel.

2.    Cul-de-sac lot. A lot fronting on, or with more than one-half (1/2) of its lot width fronting on, the turn-around-end of a cul-de-sac street.

3.    Flag lot. A parcel having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

4.    Interior lot. A parcel abutting only one street, with abutting parcels on both sides.

5.    Key lot. An interior parcel, the front of which adjoins the side/rear property line of a corner lot.

6.    Nonconforming lot. Shall mean a lot having less area or dimension than that required in the district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or which was lawfully created prior to September 15, 1971.

7.    Outlot. A parcel of land, other than a lot, so designated on a plat or certified survey map, which does not meet the requirements of a lot as specified by this title, and which is not intended for structure development on the proposed land.

8.    Reverse corner lot. A corner parcel, the rear of which abuts a key lot.

9.    Through lot. A parcel with street frontage on two (2) generally parallel streets.

FIGURE 8-2
LOT TYPES

Lot area. Gross lot area is the total area included within the lot lines of a parcel, exclusive of adjacent dedicated street rights-of-way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the parcel.

Lot coverage. See “site or parcel coverage.”

Lot depth. The average linear distance between the front and the rear lot lines or the intersection of the two (2) side lot lines if there is no rear line.

Lot frontage. That portion of a parcel located adjacent to a public or private street.

Lot line or property line. Any recorded boundary of a parcel. Types of lot lines are as follows:

1.    Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. On a through lot, both lot lines may be considered front lot lines and the Director shall determine the actual front lot line for front setback purposes.

2.    Interior lot line. Any lot line not abutting a street.

3.    Rear lot line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

4.    Side lot line. Any lot line that is not a front or rear lot line.

5.    Street lot line. Any lot line abutting a street.

Lot width. The horizontal 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.

Lumber and wood product manufacturing. Manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:

Containers, pallets, and skids

Milling operations (incidental)

Trusses and structural beams

Turning and shaping of wood products

Wholesaling of basic wood products

Wood product assembly

Craft type shops are included in “handcraft industries, small scale manufacturing.” Other wood and cabinet shops are included under “furniture/fixtures manufacturing, cabinet shops.” The indoor retail sale of building materials, construction tools, and equipment is included under “building material stores.”

Lunchrooms. See “restaurants.”

M.    Definitions, “M.”

Machinery manufacturing. The manufacturing of machinery and equipment for purposes and products including the following:

Construction

Conveyors

Die casting

Dies

Dredging

Engines and turbines

Farm and garden

Food products manufacturing

Gear cutting

Heating, ventilation, air conditioning

Industrial molds

Laundry and dry cleaning

Materials handling

Mining

Paper manufacturing

Passenger and freight elevators

Pistons

Printing

Pumps

Refrigeration equipment

Textile manufacturing

Major fraction. Fifty percent (50%) or more of any substance or quantity.

Major street or major highway. A highway with intersections at grade and on which partial control of access and geometric design and traffic control measures are used to expedite the safe movement of through traffic. Major streets or major highways shall be designed in the Circulation Element of the Clovis General Plan.

Manufactured housing. A housing unit that is either wholly or partially constructed or assembled off the site in compliance with California Health and Safety Code Section 18551, certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), CBC (California Building Code), and CRC (California Residential Code).

Manufacturing, heavy. Indoor or outdoor establishments engaged in the manufacturing of heavy machinery and equipment or the processing of gases and other chemicals for purposes and products including the following:

Abrasives

Acids

Aircraft

Carbon black and lampblack

Charcoal

Chemical (e.g., ammonia, bleaching powder, or chlorine)

Coal and coke ovens

Gas (e.g., acetylene)

Graphite

Insecticides (flammable type)

Iron, steel, brass, or copper

Machine shops, no limitation

Meat packing and processing, with on-site animal slaughtering

Metals extraction and smelting

Paper pulp and cellulose

Stock feed lots and stockyards

Tannery

Turpentine

Wax and wax products

Wool pulling or scouring

Marking device manufacturing. Establishments engaged in manufacturing equipment and supplies used for marking. Illustrative examples include:

 

Dies, hand seal

Hand stamps and stencils

Inking pads

Metal stencils

Printing dies

Marquee. A permanent roofed structure attached to and supported by the building and projecting over public property.

Master Development Plan. A plan document and accompanying maps which identify the proposed location and size of development parcels, land uses, and underlying zoning designations; transportation/circulation; open space and community facilities; and the development standards of the proposed M-P-C Overlay District development. The Master Development Plan shall be consistent with the intent of the General Plan and any applicable specific plan(s).

Mattress shops. See “furniture stores, furnishings, and equipment stores.”

Meat markets. See “retail stores, general merchandise.”

Meat packing and processing, no on-site slaughtering. See “food and beverage manufacturing.”

Meat packing and processing, with on-site slaughtering. See “manufacturing, heavy.”

Medical clinic or dental clinic. The same as “medical office.”

Medical office. Any building, or portion of a building, used, or intended to be used, as an office for the practice of any type of medicine, including chiropractics, dentistry, or optometry. “Medical office” shall also include clinics of a medical or dental nature.

Medical services – ambulance services. Commercial facilities where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies or patient transport.

Medical services – clinics and laboratories. Facilities primarily engaged in furnishing out-patient medical, mental health, surgical, and other personal health services. These include: medical, dental and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under “offices”); medical and dental laboratories; out-patient care facilities; emergency room services; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.

Medical services – extended care. Residential facilities providing nursing and health-related care as a principal use with in-patient beds, including: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); board and care homes; convalescent and rest homes; congregate care facilities; and extended care facilities. Long-term personal care facilities that do not emphasize medical treatment are classified in “group housing – residential care home/facility.”

Medical services – hospitals. Facilities primarily providing diagnostic services, extensive medical treatment including surgical and other hospital services; these establishments have an organized medical staff, in-patient beds, and equipment and facilities to provide complete health care. May include accessory retail uses (see the separate definition of “accessory retail uses”).

Medical services – surgery centers. A medical facility designed and equipped to handle surgery, pain management, and certain diagnostic procedures that do not require overnight hospitalization. The centers may be part of a community general hospital, a specialty hospital, or an independent medical facility with prearranged hospital support. The centers are staffed with health professionals as in conventional surgery departments.

Membership organization facilities. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; civic and social organizations; labor unions and similar organizations; lodges; political organizations; and professional membership organizations. Does not include country clubs, which are included in the definition of “golf courses, country clubs.”

Metal products fabrication. The assembly of metal parts, including blacksmith and welding shops, boiler shops, machine shops, and sheet metal shops that produce cabinets and enclosures, metal doors and gates, metal ductwork, tanks, towers, and similar products.

Millinery stores. See “retail stores, general merchandise.”

Mini-storage. A space, area, or related group of structures designed and used for the purpose of renting and leasing individual spaces for storing personal property, stock in trade, materials, equipment, automobiles, boats, and recreational vehicles, for the retail sale of items appurtenant to the on-site rental of those storage spaces, and for the conducting of lien sales of goods stored in those spaces, in compliance with the California Business and Professions Code. Also includes personal storage and self storage.

Mixed use. The combination of commercial (e.g., retail, office, etc.) and residential uses, where the residential component is normally above the commercial, although the combination of uses may be horizontal.

Mobile home park. Any site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Mobile/modular home. A structure transportable in one or more sections which is over eight feet (8') in width and forty feet (40') in length, with or without a permanent foundation and not including recreational vehicle, commercial coach, or factory-built housing.

Monument and tombstone works. See “stone and cut stone products.”

Mortuaries and funeral parlors. Establishment where deceased are prepared for burial or cremation, and funeral services may be conducted. Includes funeral homes, funeral parlors, and crematoriums.

Motels. See “hotels or motels.”

Motor vehicle manufacturing. The manufacturing and assembly of motor vehicles (e.g., automobiles, boats, campers, golf carts, mobile homes, motorcycles, motorized farm equipment, recreational and utility trailers, trucks, snowmobiles, jet skis, quad runners, and vans) and parts and components directly related to the manufacturing and assembly of motor vehicles.

Motor vehicle parts sales. Stores selling new automobile parts, tires, and accessories. Does not include motor vehicle repair and major maintenance, motor vehicle service, or tire recapping establishments, which are separately defined.

Motor vehicle renting and leasing. See “motor vehicle sales.”

Motor vehicle repair and major maintenance. This use includes major and minor categories. Generally, the use includes the alteration, cleaning (including self-service and attended car washes), finishing of automobiles, boats, motorcycles, recreational vehicles, trucks, and other vehicles as a principal use, painting, repair, restoration, or towing, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Also includes truck repairing and overhauling. Major vehicle repair facilities deal with entire vehicles; minor facilities specialize in limited aspects of repair (e.g., quick-lube, and muffler and radiator shops). Does not include: scrap and dismantling yards, which are included under “recycling facilities”; automobile parking (see “vehicle storage facilities – long-term”); repair shops that are part of a vehicle dealership on the same site, which are included under “motor vehicle sales”; service stations, which are separately defined under “stations, service”; or tire recapping establishments, which are included under “plastics and rubber products.”

Motor vehicle sales. Retail establishments selling and/or renting new and/or used automobiles, boats, campers, golf carts, mobile homes, motorcycles, motorized farm equipment, recreational and utility trailers, trucks, snowmobiles, jet skis, quad runners, and vans (except bicycles and mopeds, which are included under “retail stores, general merchandise”). Includes parts sales or repair shops only when part of a dealership selling new vehicles on the same site. Does not include “service stations,” which are separately defined.

Motor vehicle service. Minor facilities specializing in limited aspects of service and maintenance (e.g., muffler and radiator shops, quick-lube, etc.) of motor vehicles (e.g., automobiles, boats, campers, golf carts, mobile homes, motorcycles, recreational and utility trailers, snowmobiles, jet skis, quad runners, and vans) other than motorized farm equipment and large trucks and recreational vehicles. Does not include motor vehicle repair and major maintenance or tire recapping establishments, which are separately defined.

Motor vehicle washes. Permanent, self-service and/or attended motor vehicle washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited. See Chapter 60 of this title (Temporary Use Permits).

Multifamily housing. Includes a structure or a portion of a structure used and/or designed as residences for two (2) or more families living independently of each other. Includes: duplexes; triplexes and fourplexes (individual structures containing three (3) and four (4) housing units, respectively); apartments (five (5) or more units under one ownership in a single structure); apartment hotels (second floor or above a commercial mixed use structure); townhouse development (three (3) or more attached single-family dwellings where no unit is located over another unit); senior citizen multifamily housing; and single- and common-ownership attached-unit projects (e.g., condominiums).

Municipal Code. The City of Clovis Municipal Code (CMC), as it may be amended from time to time by the Council, referred to in this Development Code as the “Municipal Code.”

N.    Definitions, “N.”

Neighborhood food markets. Retail establishments in a commercial structure with a floor area of less than five thousand (5,000) square feet that sells food items of a specific nature. A specific food item selection means a line of products that represent a distinct cultural, ethnic, or food preference tradition. See also “convenience stores.”

Net lot acreage. The total area within the lot lines of a parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from the parcel.

Nightclubs with food service. Commercial establishments with food service, not part of a larger restaurant, where the food service is subordinate to dancing, music, and other related forms of entertainment, including cabarets.

Nightclubs without food service. Commercial establishments without food service where dancing, music, and other related forms of entertainment, including cabarets, are allowed.

Noise. See Section 9.22.080 (Noise).

Nonconforming building. A building, or portion thereof, which was lawful when established but which does not conform to subsequently established zoning or zoning regulations. See Chapter 84 of this title for regulations.

Nonconforming parcel. A parcel of land that was legally created before the adoption of this Development Code or annexation and which does not conform to current Code provisions/standards (e.g., access, area, or width requirements, etc.) prescribed for the zoning district in which the parcel is located.

Nonconforming structure. A structure, or a portion of the structure, that was lawful when established or annexed but does not conform to this Development Code provisions/standards (e.g., area, distance between structures, open space, setbacks, structure height, etc.) prescribed for the zoning district in which the structure is located.

Nonconforming use. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained before the adoption of this Development Code or annexation and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located.

Nurseries. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under “accessory residential uses and structures.”) The sale of houseplants or other nursery products entirely within an enclosed structure is also included under “retail stores, general merchandise.”

Nursery school. A school for children generally between the ages of three (3) and five (5) years, staffed by suitably qualified and other professionals who encourage and supervise educational play rather than simply providing child care.

Nursing home. (See “medical services – extended care.”) A home providing skilled twenty-four (24) hour medical care to individuals who are unable to manage daily living activities due to debilitating health conditions or old age. They may also be referred to as skilled nursing care facilities, long-term care facilities, convalescent homes, or senior or adult care facilities. Nursing homes provide skilled twenty-four (24) hour care by a staff including nurses, physical therapists, occupational therapists, and social workers. Nursing homes also manage complex medical needs that require equipment, such as ventilators and IV lines.

O.    Definitions, “O.”

Occupancy. All or a portion of a structure occupied by one tenant.

Office supply stores. Retail establishments engaged in the business of selling many lines of merchandise customarily used in an office environment. Examples include computer products and supplies (e.g., “how to” books, ink cartridges, paper), desk-top accessories, office furniture, stationery, etc.

Offices. Service establishments including the following:

1.    Business offices. Establishments providing direct services to consumers, including answering services, cell phones, insurance agencies, pagers, post offices (not including bulk mailing distribution centers), and real estate offices;

2.    Corporate offices. Office facilities providing management and business support services (e.g., human resources, personal, sales, etc.); and

3.    Professional offices. Illustrative examples include:

Accounting and auditing services

Advertising agencies

Architectural, engineering, planning, and surveying services

Attorneys

Bookkeeping services

Counseling services

Court reporting services

Data processing and computer services

Dental office

Detective agencies and similar services

Educational, scientific and research organizations

Employment, stenographic, secretarial and word processing services

Government offices including agency and administrative office facilities

Management, public relations and consulting services

Medical office

Optometrist services

Photography and commercial art studios

Psychiatric office

Writers’ and artists’ offices outside the home

Incidental offices that are clearly secondary and incidental to another use are allowed as part of an approved principal or main use.

Offices, temporary. A mobile home, recreational vehicle, travel trailer, or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

Offices, temporary real estate. The temporary use of a dwelling unit within a residential development project to be used as a sales office for the units on the same site, which is to be converted back to a residential use at the conclusion of its office use.

Offices, temporary sales trailers. The temporary use of a modular-type mobile office within a residential development project to be used as a sales office for the units on the same site, which is to be removed at the conclusion of its office use.

Open space, private. An outdoor area within a development project designed and maintained for the exclusive use of residents/tenants, their invited guests, or club members, including golf courses, lakes and water features, parks (active and passive), tennis courts, and other recreational facilities allowable within a planned residential development.

Open space, public. Lands which constitute a special important or valuable natural resource which warrants protection, including lands that may pose threats or hazards to development, and suitable for limited recreational use (e.g., equestrian, hiking, nonmotorized bicycle trails, etc.). Additional lands include those important for their recreational (e.g., campgrounds, parks, etc. (active and/or passive)) or regional economic value.

Outdoor recreation, commercial. Facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amusement and theme parks; drive-in theaters; golf driving ranges; health and athletic clubs with predominately outdoor facilities; miniature golf courses (golf courses are included under the definition of “golf courses, country clubs”); recreation equipment rental (e.g., bicycles, roller skates); skateboard parks and water slides; tennis courts, swim and tennis clubs; and zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses (e.g., bars and restaurants (both table service and counter service), and video game arcades).

Outdoor retail sales and activities. Permanent outdoor sales and rental establishments including equipment and other uses where the business is not conducted entirely within an enclosed structure.

Outdoor retail sales, temporary. Temporary outdoor retail operations including: farmer’s markets; seasonal sales of Christmas trees, pumpkins or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales.

Overlay/combining district, or overlay/combining zone. A supplementary zoning designation that is applied to property in addition to a primary base zoning district to highlight and/or modify special regulations that apply to properties within the overlay/combining district.

P.    Definitions, “P.”

Paint manufacturing. See “chemical products manufacturing.”

Paper product manufacturing. The manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags, boxes, envelopes, wallpaper, etc.

Parcel. See “lot or parcel.”

Park and playground equipment and facilities. Facilities and equipment in support of active recreation, including traditional playground equipment (e.g., climbing structures, slides, swings), and athletic facilities (e.g., backstops, ball fields, and bleachers).

Parks – regional, community, and neighborhood. As defined in the General Plan or specific plan.

Parking area, private. An area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking provides spaces for more than four (4) cars.

Parking area, public. An area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.

Parking area, residential. An area, other than a street, located on the subject lot for the parking of vehicles owned by the residents of such lot. Such areas shall be permitted only in the several agricultural districts. All other residential districts shall provide garage or carport facilities.

Parking space, automobile. An area, other than a street or alley, reserved for the parking of an automobile, such space having a dimension not less than eight and one-half feet (8-1/2') by twenty feet (20'), plus such additional area as is necessary to afford adequate ingress and egress.

Parking lots/garages – short-term. Service establishments engaged in the business of short-term storage of currently licensed and operative buses, cars, recreational vehicles, trucks, and other motor vehicles for clients. Includes day use public and commercial garages, parking lots, and parking structures, except when accessory to a principal use. (All principal uses are considered to include any customer or public use off-street parking required by this Development Code.) Includes sites where vehicles are stored for rental or leasing.

Parks and playgrounds. Public and private parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.

Parks, green belts and landscape areas. Open space areas providing visual separation between different land uses, which may include some passive recreation opportunities.

Parkway. The area of a public right-of-way that lies between the curb and the sidewalk, which is used for landscaping purposes.

Parolee/probationer home. See “group housing – residential care home/facility.”

Patio. A typically paved outdoor area on the site of a dwelling that is used for outdoor dining, lounging, etc.

Pawn shop. A store which offers loans in exchange for personal property as equivalent collateral. If the loan is repaid in the contractually agreed time frame, the collateral may be repurchased at its initial price plus interest. If the loan cannot be repaid on time, the collateral may be liquidated by the pawn shop through a pawnbroker or secondhand dealer through sales to customers.

Permanent cosmetics. The insertion of pigments under the surface of the human skin for the purpose of changing the color or appearance of the skin in order to achieve or recreate the most natural appearance of the human form. This includes, but is not limited to, eyeliner, eye shadow, and lip color.

Permitted use. A use of land identified as being allowed in a particular zoning district.

Person. Any association, company, co-partnership, corporation, firm, individual, joint stock association; city, county, state, or district; and includes any assignee, receiver, trustee, or other similar representative thereof.

Personal services. Establishments providing non-medical-related services, including barber and beauty shops, clothing rental shops, nail shops, and tanning salons. These uses may also include accessory retail sales of products related to the services provided. Businesses generally considered “adult only” or “adult oriented” are not included in this category.

Petroleum bulk plants. A wholesale fuels distribution facility designed to serve the needs of the immediate community.

Pet grooming. An establishment specializing in the cleaning and conditioning of pets, and not part of an animal hospital, veterinary clinic, or kennel.

Pet stores. See “retail stores, general merchandise.”

Pharmaceutical manufacturing. Establishments engaged in the production of drugs and related therapeutic products for distribution to clinics, hospitals, and medical-related facilities.

Pharmacies or prescription pharmacies. Retail establishments engaged in, and limited to, the sale of prescription drugs, patent medicines, and surgical supplies. The sale of books, hardware, household appliances, magazines, newspapers, tobacco products, other sundry goods, or other general merchandise (e.g., drinks or food) shall not be permitted. Prescription pharmacies generally employ not more than three registered pharmacists and occupy a floor area of less than one thousand (1,000) square feet.

Photographic and commercial art studios. See “office, professional offices.”

Place. An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

Plan line – official. Official plan lines (future width lines) shall be designated on maps drawn up by the City Engineer. Same as “highway setback line.”

Planned unit developments. Development projects which provide design flexibility and promote innovative and superior site planning and which are subject to the approval of a planned development permit, in compliance with Chapter 66 of this title.

Planning Commission. The Clovis Planning Commission, appointed by the Clovis City Council in compliance with Government Code Section 65101, referred to throughout this Development Code as the “Commission.”

Plastics and rubber products. The manufacture of rubber products including: flooring; heels and soles; mechanical rubber goods; rubber footwear; and rubber sundries from natural, synthetic, or reclaimed rubber. Also includes: establishments engaged in molding primary plastics for the trades; manufacturing miscellaneous finished plastics products; fiberglass manufacturing and fiberglass application services; and tire recapping, retreading, and rebuilding.

Plumbing supplies. See “building materials stores.”

Police stations. See “public facilities.”

Post office. See “public facilities.”

Pottery sales. See “retail stores, general merchandise” and/or “outdoor retail sales and activities.”

Primary structure. A structure that accommodates the primary use of the site. Also includes “main or principal structure.”

Primary use. The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur.

Print shops. See “printing and publishing.”

Printing and publishing. Establishments engaged in printing by gravure, letterpress, lithography, offset, screen, or other common process, including electrostatic (xerographic) copying and other “quick printing” services; and establishments serving the printing trade including bookbinding, electrotyping, engraving, photoengraving, silk screening, and typesetting. This use also includes establishments that publish books, newspapers, and periodicals; and establishments manufacturing business forms and binding devices.

Professional office. Any building, or portion of a building, used, or intended to be used, as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant, or other similar profession but shall not include, for the purposes of this chapter, the practice of any type of medicine or dentistry.

Property line. The same as “lot line.”

Provisions. All the regulations and requirements referred to in the text provisions of this chapter.

Public facilities. Facilities operated by public agencies, including City administration buildings; City Hall; fire stations and other fire prevention and firefighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities; and libraries, museums, and post offices. Does not include facilities specifically identified under another land use category, including schools. See “schools.”

Public right-of-way. A strip of land acquired by condemnation, dedication, prescription, or reservation, and intended to be occupied by a road, sanitary sewer, trail, water line, and/or other public uses.

Public utility facilities. Fixed base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

Corporation and maintenance yards

Electrical substations and switching stations

Natural gas regulating and distribution facilities

Public water system wells, treatment plants and storage facilities, and water pumping stations

Telephone switching facilities

Wastewater treatment plants, settling ponds and disposal fields

Q.    Definitions, “Q.”

Quarry. Any premises from which rock, sand, gravel, and similar materials are being removed or are intended to be removed.

Quasi-public organization. Any nongovernment organization which is devoted to public service and welfare.

R.    Definitions, “R.”

Radio and television sales and service. See “furniture stores, furnishings, and equipment stores.”

Ramada. An arbor or pergola-like structure.

Reading room. A designated enclosed space devoted to the review of various publications, normally associated with a place of public assembly or worship, including a library. Does not include an adult bookstore or other adult business.

Recording studios. Commercial establishments engaged in the business of providing electronic recording services (e.g., duplicating, recording, re-recording, and/or repair of compact disc (CD), audio and video type, etc.) to the general public, with all related facilities located entirely within an enclosed structure. See also “broadcast studios.”

Recreational vehicle (RV). A boat, camping trailer, motor home, travel trailer, or truck-mounted camper, with or without a motor, designed for human habitation for recreational or emergency occupancy.

Repair and maintenance – consumer products. Service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; re-upholstery and furniture repair; shoe repair; television and radio and other appliance repair; and watch, clock, and jewelry repair. Does not include heavy equipment repair businesses, which are included under “business support services,” or motor vehicle repair and service facilities which are defined separately.

Recycling facilities.

1.    Collection facilities. A center for the acceptance by donation, purchase, or redemption of recyclable materials from the public, which may include the following:

a.    Reverse vending machine(s);

b.    Small collection facilities which occupy an area of three hundred fifty (350) square feet or less and may include:

(1)    A mobile unit;

(2)    Bulk reverse vending machines or a grouping of reverse vending machines occupying an aggregate area of more than fifty (50) square feet; and

(3)    Kiosk-type units which may include permanent structures.

c.    Large collection facilities which may occupy an area of more than three hundred fifty (350) square feet and may include permanent structures.

2.    Mobile recycling units. An automobile, trailer, truck, or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, trailers, or vans, and used for the collection of recyclable materials.

3.    Processing facilities. A structure or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment or to an end-user’s specifications by means of baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing, and shredding. Processing facilities include the following types:

a.    Light processing facilities. Occupy an area of under forty-five thousand (45,000) square feet of collection, processing, and storage area, and averages two (2) outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. Light processing facilities shall not bale, compact, or shred ferrous metals other than food and beverage containers; and

b.    Heavy processing facilities. Any processing facility other than light processing facilities.

c.    Scrap and dismantling yards. Outdoor establishments primarily engaged in disassembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including motor vehicle wreckers engaged in dismantling vehicles for scrap, and the incidental wholesale or retail sales of parts from those vehicles.

4.    Recycling facilities. A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of State law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial, or industrially designated parcel used solely for the recycling of material generated on the parcel.

5.    Recycling or recyclable materials. Reusable domestic containers including glass, metals, paper, and plastic which are intended for reconstitution, remanufacture, or reuse for the purpose of using in altered form. Recyclable materials do not include refuse or hazardous materials.

6.    Reverse vending machines. An automated mechanical device which accepts at least one or more types of empty beverage containers including aluminum cans, glass, and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by State law. A reverse vending machine may sort and process containers mechanically; provided, the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one container at a time and will pay by weight instead of by container.

Research and development. Facilities for scientific research, and the design, development, and testing of computer software, and electrical, electronic, magnetic, mechanical, and optical components in advance of product manufacturing. Also includes biotechnology and chemical research and development.

Residence. A building used, designed, or intended to be used as a home or dwelling place for one or more families.

Residential care homes. See “group housing – residential care home/facility.”

Residential infill development. Development, or redevelopment, on vacant or underutilized land in which adjacent parcels are developed with qualified urban uses in areas of the City established by the Council.

Residential recreational facilities, private. Playground equipment, swimming pools, and tennis and other sport courts, and similar facilities and accessory structures that are operated for the residents of a specific housing project and their invited guests, and are not open to the general public. Does not include these facilities for individual homes, which are defined as “accessory residential uses and accessory residential structures.”

Rest home. See “group housing – residential care home/facility” or “medical services – extended care” depending on whether medical care is the principal element of the facility.

Restaurants. Retail establishments engaged in the business of selling food and beverages prepared on site for on-premises consumption. Restaurants generally have the following characteristics: all food and beverages are served to the customer at a fixed location (e.g., booth, counter, or table); the food and beverages are ordered from individual menus; and the food and beverages are paid for by the customer after service and consumption. These restaurants may also provide food and beverages on a take-out basis, where the take-out is clearly secondary to the on-premises service.

Retail stores, general merchandise. Retail establishments selling many lines of merchandise, including food products. Illustrative examples include:

Artists’ supplies

Bicycles

Books (except adult bookstores)

Cameras and photographic supplies

Clothing and accessories

Coffee service

Confectionery stores

Dairy products

Drugstores

Feed and fuel stores

Fish markets

Florists and houseplant stores (indoor sales only; outdoor sales are “plant nurseries”)

Fruit and vegetable stores

Garden supply stores

Gifts, novelties and souvenirs

Glass and chinaware stores

Handcrafted items (stores may include crafting operations subordinate to sales)

Hardware stores

Health food stores

Hobby materials

Ice cream sales

Jewelry stores

Luggage and leather goods

Meat markets

Millinery stores

Musical instruments, parts and accessories

Newsstands/news racks

Pet stores

Pottery sales

Religious goods

Shoe stores

Soft drink fountains

Specialty shops

Sporting goods stores

Stamp and coin brokers

Stationery stores

Tobacco shops

Toys and games

Tropical and other fish raising and sales

Variety and notions stores

Video stores (rental and sales) (except adult businesses)

Review authority. The individual or official City body (the Director, Planning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review and approve or disapprove permit applications (see Section 9.50.040).

Rezoning. The same as “zoning district, change of.”

Right to farm. An acknowledgment by a developer/subdivider, through a disclosure statement provided to future owners of the subject property, that adjacent land devoted to agricultural use has a right to continue.

Right-of-way. A strip of land that is granted, through an easement or other mechanism, for transportation or utility purpose, such as for a road, walking path, driveway, utility, rail line or highway.

Road. The same as “street.”

Rodeo arena. See “sports arenas.”

Room. An unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways, and service porches.

Rooming house. The same as “boardinghouse.”

S.    Definitions, “S.”

Sanitarium. A health station or retreat or other place where patients are housed and where medical or surgical treatment is given. “Sanitarium” shall not include mental institutions or places for the treatment of narcotic addicts. (See “medical services.”)

Satellite dish/antenna. An antenna for the reception of data, television, and other telecommunications broadcast from orbiting satellites which is greater than one meter (39.37 inches) in diameter.

Schools – colleges and universities. Includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training.

Schools – K to twelve (12). Public and private elementary, middle, junior high, and high schools serving kindergarten through twelfth-grade students, including denominational and sectarian, boarding schools, and military academies. Preschools and child day care are included under the definitions of “child day care facilities.”

Schools, specialized education, training and campus-affiliated housing. Business, professional, secretarial schools, and vocational/trade schools offering specialized trade and commercial courses. Includes specialized non-degree-granting schools offering subjects including: art, ballet and other dance, drama, driver education, language, and music. Also includes seminaries and other facilities exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions, and conference centers are included that offer specialized programs in personal growth and development (e.g., arts, communications, fitness, environmental awareness, and management). Also includes campus-affiliated housing, specifically designed by, or in conjunction with, a school, specialized education, or training facility for the purpose of providing housing to both attendees, staff, and/or instructors of the institution.

Screening. Solid fencing, gates, walls, and/or landscaping which provide a solid barrier and are installed and maintained architecturally compatible with the adjacent structure and/or existing surrounding conditions. For purposes of this definition, screening shall not consist of bamboo type curtains, chain link (with or without slats), reflective surfaces, or similar transparent or semi-transparent materials.

Secondhand stores. Retail establishments that sell used merchandise. Also see “pawn shop.”

Security brokers, dealers, and flotation companies. Establishments primarily engaged in the purchase, sale, and brokerage of securities, and those generally known as investment bankers, primarily engaged in originating, underwriting, and distributing issues of securities.

Senior citizen assisted living facility. A structure serving as a system of housing and limited care that is designed for senior citizens who need some assistance with daily activities but do not require care in a nursing home, and where the emphasis of the facility remains residential.

Separate ownership. Ownership of a parcel of land by a person who does not own any of the land abutting such parcel.

Service station. The same as “automobile service station.”

Setbacks. The distance by which a structure or other development feature shall be separated from a lot line. In planned development projects, setbacks are determined during the project review process. On corner parcels, the shortest street frontage shall be the front yard. See also “yard.”

1.    Front yard. The line which defines the depth of the required front yard. Such setback line shall be parallel with the right-of-way line or highway setback line when one has been established.

2.    Highway. The same as “highway setback line.”

3.    Rear yard or side yard. The line which defines the width or depth of the required rear or side yard. Such setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.

Shoe repair shops. See “repair and maintenance – consumer products.”

Shoe stores. See “retail stores, general merchandise.”

Shopping centers. A group of commercial establishments, planned, generally constructed, and managed as a total entity with employee and customer parking provided on site under common control or shared under a reciprocal agreement. Shopping centers are further defined as regional (fifty (50) or more acres), community (fifteen (15) to forty-nine (49) acres), and neighborhood (up to ten (10) acres). For signs, commercial developments shall be classified as shopping centers rather than business centers when comprised of at least ten (10) businesses and containing a minimum floor area of twenty-five thousand (25,000) square feet.

Sign. Any figure, character, outline, delineation, announcement, declaration, demonstration, illustration, emblem, words, numerals, or letters of attention-attracting displays or devices painted, illuminated, posted, or affixed on any surface or in a manner used to attract attention to the premises or to advertise or promote the interest of any person, activity, business, or enterprise when the same is placed so that it is clearly visible to the general public from an out-of-doors position; provided, however, noncommercial natural floral and plant displays shall not be considered signs in computing the number or area of signs permitted.

“Sign” shall not include the official flags of the United States of America, the State, or the County, or official notices authorized by a court, public body, or public officer, or directional, warning, or information signs authorized by Federal, State, County, or municipal authority for public safety, or the official emblem or insignia of a government or public school.

Sign making. See “business support services.”

Signs. See Section 9.34.030 (Signs).

Single-family housing. A structure designed for and/or occupied exclusively by one family. Also includes factory-built housing (manufactured housing) units (does not include mobile homes in a mobile home park), constructed in compliance with the California Building Code (CBC).

Single-room occupancy. A residential property that includes multiple single-room dwelling units. Each unit is for occupancy by a single eligible individual. The unit need not, but may, contain food preparation or sanitary facilities, or both.

Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

Site or parcel coverage. The percentage of total site area occupied by structures. Structure/building coverage includes the primary structure, and all allowable accessory structures. Structure/building coverage is measured from exterior wall to exterior wall.

Site plan. A plan, prepared to scale, showing accurately and with complete dimensioning all of the uses proposed for a specific parcel of land. See Chapter 56 of this title for requirements.

Site plan review. The review of development projects in compliance with Chapter 56 of this title (Site Plan Review). The review shall determine if the proposed development is in full compliance with the General Plan, any applicable specific plan, applicable City guidelines, and the provisions and standards identified in this Development Code.

Slope. A natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of one hundred feet (100') with a rise of fifty feet (50') would be expressed as a 2:1 slope. (Also see “grade” and “top and toe of slope.”)

Slot car/radio controlled racing. Establishments providing indoor amusement and entertainment services for a fee or admission charge that contain customary facilities for slot car/radio controlled racing, including appropriate accommodations for spectators. May also include limited associated commercial operations (e.g., car equipment sales, food and/or beverage service, etc.).

Small day care homes. See “child day care facilities.”

Snowmobile/jet skis sales. Retail establishments selling and/or renting new and/or used snowmobiles, jet skis, quad runners, and directly related equipment. Includes parts sales and/or service repair shops only when part of a dealership selling new snowmobiles, jet skis, and related equipment on the same site.

Sober living home. See “group housing – residential care home/facility” and Section 9.40.100, Group housing.

Soft drink fountains. See “retail stores, general merchandise.”

Software manufacturing. Establishments engaged in the design, development, engineering, packing, production, and testing of computer software products.

Solar access. The airspace over a parcel that provides access for a solar energy system to absorb energy from the sun.

Sorority. A building or structure housing a group of women associated for their common interests. Such group may eat, sleep, and otherwise use such facilities as are provided on the premises.

Specific plan. As provided by Government Code Section 65450 et seq., a detailed plan for the systematic implementation of the General Plan for all or part of the area covered by the General Plan.

Sporting goods stores. See “retail stores, general merchandise.”

Sports and recreational facilities. Public and private indoor and/or outdoor facilities providing sports and recreational opportunities (e.g., basketball or tennis courts, batting cages, driving ranges, skateboard parks, sport fields, etc.). May also include limited associated commercial operations (e.g., sports equipment sales, food and/or beverage service, etc.).

Sports arenas. Indoor and outdoor facilities for spectator oriented sports, and other public assembly facilities for concerts, events, and outdoor theater, which include: amphitheaters, arenas, fairgrounds, field houses, stadiums and coliseums, and facilities for other sports that are considered commercial, including rodeos.

Stables, commercial. A structure for the keeping of horses, mules, or ponies which are rented, used, or boarded for compensation.

Stables, private. An accessory structure for the keeping of horses or ponies for the use of occupants of the premises, in compliance with Section 9.40.040 (Animal keeping).

Stables, public. A stable other than a private stable.

Stamp and coin brokers. See “retail stores, general merchandise.”

Stand, temporary. The same as “structure, temporary.”

Stations, fueling. Retail establishments engaged in the business of selling gasoline and/or other motor vehicle fuels. May also provide retail sales (consuming less than four hundred (400) square feet of total floor area), but which is clearly secondary and incidental to the fuel sales. May be a standalone facility or part of a larger retail outlet (e.g., department store or supermarket). Does not include any vehicle maintenance and repair services, or other operations of a similar nature.

Stations, service. Retail establishments engaged in the business of selling gasoline and/or other motor vehicle fuels. May also provide minor vehicle maintenance and repair services and/or retail sales (consuming less than four hundred (400) square feet of total floor area), all of which is clearly secondary and incidental to the fuel sales. May also include: a fully enclosed automated self-service washing facility, accessory towing, and trailer rental services, but not the repair, sale, or storage of wrecked or abandoned motor vehicles, the rental of vehicle storage or parking spaces, or motor vehicle body, fender, painting, or other similar work.

Stone and cut stone products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing granite, marble, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.

Storage, indoor. The storage of various materials entirely within an enclosed structure, as the primary use of the structure. The storage of materials, supplies, and products clearly secondary and incidental to a primary use is not considered a land use separate from the primary or main use.

Storage, outdoor. The storage of various materials outside of a structure, other than permanently installed fencing, either as an accessory or primary use, including feed and fuel yards, petroleum bulk plants, and transit storage.

Storage, self-service, personal storage facilities. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Also known as “mini-storage.”

Storage yards. See “storage, outdoor.”

Story. That portion of a structure included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, one-half (1/2). The same as “half-story.”

Street. A public thoroughfare accepted by the City, which affords principal means of vehicular access to abutting property, including avenue, boulevard, drive, highway, lane, place, road, way, and any other vehicular thoroughfare except an alley. See “subdivision terms.”

Street centerline. The center line of a street right-of-way as established by official surveys.

Street line. The boundary line between the street right-of-way and abutting property.

Street, local. Any street, dedicated as such, serving as the principal means of access to property which is not shown as a major or secondary highway or major traffic street on the General Plan of the City.

Street side. That street bounding a corner or reversed corner lot and which street extends in the same general direction as the line determining the depth of the lot.

Structural alteration. Any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joint, roof rafter, roof diaphragm, foundation, pile, or retaining wall, or similar components. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Development Code, the term “structure” includes “buildings.”

Structural clay and pottery products. Manufacturing establishments primarily producing brick and structural clay products, including china plumbing fixtures, vitreous china articles, fine earthenware, porcelain electrical supplies and parts, and pipe. Artist/craftsman uses are included in “handcraft industries, small scale manufacturing.”

Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purpose of this Development Code, the term “structure” includes “buildings.”

Structure – temporary. Shall mean a structure which is readily movable and used, or intended to be used, for a period not to exceed ninety (90) consecutive days, or a period consistent with an approved temporary use under Chapter 60 of this title, Temporary Use Permits.

Studios, art, dance, music, and photography. Small scale facilities with one classroom/instruction space, typically accommodating one group of students at a time, in no more than one instructional space. These include facilities for: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and gymnastics studios with no other fitness facilities or equipment; yoga; and pilates. Larger facilities (e.g., multi-classrooms) are included under the definition of “schools – specialized education and training.”

Subdivision terms used in Division 7 of this title (Subdivisions).

1.    Alley. Shall mean any dedicated way intended for vehicular service to the rear or side of property served by a street.

2.    Arterial street. Arterial streets are identified in the Circulation Element of the General Plan.

3.    Block. A parcel of subdivided or unsubdivided land set apart and bounded by public streets.

4.    Cul-de-sac street. A street having only one outlet for vehicular traffic and which is not intended to be extended or continued to serve future subdivisions on adjacent lands.

5.    Easement. A space on a parcel of land, and so indicated on a subdivision map or in a deed restriction, reserved for and/or used for public utilities, and/or private or public purposes.

6.    Final map. A map showing a subdivision for which a tentative and final map is required by State law (Government Code Section 66426), prepared in compliance with the provisions of this Development Code and the Subdivision Map Act and designed to be recorded with the County Recorder.

7.    Frontage street. A minor street which is parallel to and adjacent to a major street, limited access highway, or freeway and which provides access to abutting properties while relieving them of the effects of heavy volumes of fast, through traffic.

8.    Freeway. Shall mean a highway for through traffic, with full control of access, and generally with grade separations at intersections.

9.    Improvement plans. The plans, profiles, cross sections, and specifications of all proposed improvements, including the information required by Chapters 110 (Subdivision Design and Improvement Requirements) and 112 (Improvement Plans, Installation, and Security) of this title.

10.    Major street. An arterial or limited access expressway designated in the Circulation Element of the General Plan which, because of its design and location with respect to other streets and other sources of traffic, is used or designed to carry relatively heavy volumes of traffic through an urban area, or between urban areas, or as an approach to a highway or a freeway.

11.    Map Act. See “Subdivision Map Act or Map Act.”

12.    Mini parks. Generally one acre in size, centrally located within the quarter sections of residential subdivisions. See also “neighborhood parks.”

13.    Minor street. A local street because of its design and location with respect to other streets is used primarily for access to the abutting properties. Minor street intersections within subdivisions shall generally be designed as “T” intersections. See also “frontage street.”

14.    Neighborhood parks. An open space area of variable size, including lawn area, trees, shrubbery, walks, benches, playground area, and other related uses deemed appropriate by the review authority.

15.    Nonaccess strip. A strip adjoining the property line within a street right-of-way, which is intended to prevent access to abutting properties from the street, and may be planted with trees or otherwise landscaped.

16.    Outlot. (See definition “lot or parcel,” subsection 7, “outlot.”)

17.    Parcel. See “lot or parcel.”

18.    Parcel map. The subdivision map described by Map Act, Article 3, Chapter 2, which is required to complete a subdivision of four (4) or fewer lots.

19.    Pedestrian way. A public way designed for use by pedestrians not intended either for use by motor vehicles nor located within a street right-of-way.

20.    Planting strip. A strip located between the sidewalk and the property line, or between the curb and sidewalk within a street right-of-way (parkway), or between the pavement of a frontage street and the major street, limited access highway, or freeway it parallels and which is intended to be planted with trees or otherwise landscaped.

21.    Secondary street. A street designated as a collector street in the Circulation Element of the General Plan which, because of its location with respect to other streets and other sources of traffic, is used or designed to carry moderately heavy volumes of traffic between portions of urban areas or between major streets.

22.    Soil. The top layer of the earth’s surface, consisting of rock and mineral particles mixed with organic matter.

23.    Soils engineer (geotechnical engineer). An engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering.

24.    Soils engineering. The application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the resulting construction.

25.    Standard specifications. The “Standard Specifications of the City,” as may be amended from time to time.

26.    Storm drain system. Publicly owned facilities operated by the City, or the Fresno Metropolitan Flood Control District, by which storm water is collected and/or conveyed, including any curbs, gutters, inlets, municipal streets, piped storm drains, pumping facilities, natural and human-made or altered drainage channels, reservoirs, retention and detention basins, roads with drainage systems, and other drainage structures which are within the City.

27.    Storm water. Any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.

28.    Stubbed street. A street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions on adjacent lands.

29.    Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Fresno County assessment rolls as a unit or contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1715: a condominium project, a community apartment project, or the conversion of five (5) or more existing dwelling units to a stock cooperative.

30.    Subdivision improvements. Subdivision improvements include but are not limited to electric and gas lines, sanitary sewers, storm drainage facilities, streets, and water supply facilities.

31.    Subdivision Map Act or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and as it may be amended from time to time.

32.    Tentative map. A map prepared for the purpose of showing the design and improvement of a proposed subdivision, including the existing conditions both in and around the subject property, and need not be based upon an accurate or detailed final map or survey.

33.    Vesting tentative map. A map which meets the requirements of Map Act Section 66452, and if approved, expressly confers a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect at the time the application for approval of the vesting tentative map is determined complete, in compliance with Map Act Section 66498.1.

Supermarkets. Retail establishments, including groceries and grocery stores, having fifteen thousand (15,000) or more square feet of floor area, devoted principally to the sale of food.

Supply rentals (health, party, and sickroom). Establishments engaged in the rental of health, party, and sickroom equipment and related supplies.

Supportive housing. See Section 9.40.100, Group housing.

Surgical and medical instrument manufacturing. Establishments engaged in manufacturing medical, ophthalmic, surgical, and veterinary instruments and apparatus (except electromedical, electrotherapeutic, and irradiation apparatus).

Surgical appliance and supply manufacturing. Establishments engaged in manufacturing surgical appliances and supplies.

Swimming pools. Shall mean any permanent structure containing water more than eighteen inches (18") deep intended for recreational purposes.

Swimming pools sales. Retail establishments engaged in the sale, installation, and service of swimming pools, spas, and related equipment. May also include the sale, installation, and service of outdoor patio furniture and cooking and heating equipment. See also “outdoor retail sales and activities.”

Swimming schools. Establishments offering specialized training in swimming, diving, and other water-related activities (e.g., scuba diving). May also include limited associated commercial operations (e.g., swimming clothing and equipment sales, food and/or beverage service, etc.).

T.    Definitions, “T.”

Tasting room. A business conducting wine and/or beer tasting of their own product either at their location or off site in an appropriate zone district in conformance with the California Business and Professions Code. A tasting room may include more than one licensed manufacturer within the same lease space and permit retail sales of general merchandise. Tasting rooms may only operate between the hours of 8:00 a.m. and 11:00 p.m. daily, unless otherwise approved through an entertainment permit.

Tattoo. The insertion of pigments under the surface of the human skin for the purpose of creating pictures or designs per the satisfaction of the customer.

Tattoo parlor. See “body art.”

Taxidermists. An establishment specializing in the preparation, stuffing, and mounting the skins of animals, especially vertebrates.

Telecommunication component manufacturing. Establishments engaged in manufacturing electromagnetic and photoelectrical broadcast, receiving, repeater station, and transmission equipment for cellular telephone, radio, telegraph, telephone, television, and data network communications, including commercial earth stations for satellite-based communications. Illustrative examples include:

Antennas

Cell phones and components

Personal pagers and components

Satellite dish antennas and components

Towers

Transmission equipment and components

Telecommuting. A work arrangement for performing work electronically, where employees work at a location other than their primary work location (e.g., home, an off-site office, etc.).

Teleconferencing. Telephone and/or video multi-access link for group communications.

Telephone booths, permanent or temporary. A small enclosure containing a public telephone.

Teleservices. Automatic information services (e.g., automatic teller machines, computer mail (e-mail), computer modem, facsimile, telephone information services, telephone banking/transaction, etc.).

Temporary seasonal use. A temporary retail or service business normally associated with a holiday or seasonal event.

Temporary uses. See Section 9.60.020 (Temporary use permits).

Tennis courts, private. See “accessory residential uses and structures.”

Textile products. Manufacturing establishments engaged in performing any of the following operations: preparation of fiber and subsequent manufacturing of braids, threads, twine cordage, yarn; coating, waterproofing, or otherwise treating fabric; dyeing and finishing fabric, fiber, yarn, and knit apparel; manufacturing woven fabric and carpets and rugs from yarn; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, nonwoven fabrics, and miscellaneous textiles; and upholstery manufacturing.

Theaters. Indoor facilities for public assembly and group entertainment, other than sporting events, including civic theaters and facilities for live theater and concerts.

Tiny home. A structure on wheels intended for separate, independent living quarters.

Tire recapping, retreading, and rebuilding. See “plastics and rubber products.”

Tobacco shops. See “retail stores, general merchandise.”

Toe of slope. That point or line of initial break where the terrain changes to an upward direction.

Trading area. The area served by an existing commercial development or to be served by the proposed commercial development and from which such development draws its support.

Traffic safety sight area. A triangular area on a corner parcel formed by measuring thirty feet (30') from the intersection of the front and street side property lines, and connecting the lines across the property. (See Figure 3-1.)

Trailer, automobile. A vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code and to be used for human habitation or for carrying property, including a trailer coach.

Trailer coach. Any camp car, trailer, or other vehicle, with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and designed or used for human habitation.

Trailer court or trailer park. A space, area, or building designed, equipped, or maintained for the harboring, parking, or storing of two (2) or more trailer coaches, or house cars which haul such trailer coaches, or house cars being used as living or sleeping quarters for humans.

Trailer, residential. The same as “trailer coach” and used for human habitation only.

Trails. Multiple purpose public paths, either gravel or paved, suitable for a broad range of users, including bicycling, hiking, horseback riding, running, walking.

Transient. A person who is receiving accommodations for a price, with or without meals, for a period of not more than one hundred eighty (180) continuous days in any one year.

Transit stations and terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing minor maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, and railway facilities.

Transit stop shelters. A small scale covered waiting area for buses, taxis, and rail/mass transit stops.

Transitional shelter or housing. See “group housing – residential care home/facility.”

Tree protection terms used in Chapter 30 of this title (Tree Protection Standards).

1.    Arborist. A person having expertise in the care and maintenance of trees who is certified by the International Society of Arboriculture (ISA) or comparable organization.

2.    Developed single-family residential property. Any legal parcel of record that is developed with a main dwelling unit and zoned single-family or PD (planned development), and cannot be further subdivided into additional parcels under its current zoning designation.

3.    Development application. An application for land alteration or development including conditional use permit, planned development permit, site plan review, variance, Zoning Map amendment, and subdivisions of property.

4.    Dripline. The outermost line of the tree’s canopy projected straight down to the ground surface. In plan view, the dripline generally appears as an irregularly shaped circle.

5.    Emergency. A sudden or generally unexpected occurrence that decisively determines that immediate action is warranted.

6.    Fruit tree. Any tree that has the characteristic of bearing edible fruit, common to commercial production varieties, including stone fruits (e.g. prunes, peaches, etc.), citrus (e.g., lemons, oranges) and nut varieties (e.g., almonds, English walnut (except for California black walnut), peppers (g. Schinus), and olives (g. Oleaceae), etc.). A “fruit tree” shall not mean any tree that bears a fruit or nut produced primarily as seed (e.g., oaks, pines, etc.).

7.    Heritage tree. Any tree so designated by the Protected Tree Advisory Committee based on the finding that the tree has character, significant age and girth, interest or value as part of the development of and/or exemplification of the agricultural, cultural, economic, educational, social, indigenous or historical heritage of the City and identified on the historic resources inventory.

8.    Main structure. A primary structure allowed in the zoning district in which a property is located to provide reasonable economic use of a property.

9.    Net lot area. The total area within the parcel lines of a parcel, excluding any street rights-of-way or common areas owned collectively by a group of property owners in a planned development.

10.    Protected tree. Any class of tree specified in Section 9.30.040 (Protected trees).

11.    Pruning. The standard practice of maintenance consisting of trimming or cutting away any limbs or branches of a tree to control growth and enhance performance or function by developing and preserving tree structure and health in compliance with pruning standards contained in the tree technical manual.

12.    Remove. The complete removal of a tree (e.g., cutting to the ground) or its extraction. It also means taking action foreseeably leading to the death of a tree or permanent damage to its health, including cutting, girdling, over-watering, poisoning, unauthorized relocation or transportation of a tree or trenching, excavating, or altering the grade or paving within the dripline of a tree.

13.    Review authority. The person or body officially responsible for rendering decisions on requests to remove trees protected by Chapter 30 of this title (Tree Protection Standards).

14.    Severe trimming. Cutting back large diameter branches or the main trunk of a mature tree to stubs, known as topping or severe root pruning, which either destroys the existing symmetrical appearance or natural shape of the tree and/or compromises the long-term health or survival of a tree.

15.    Tree. A live woody perennial plant characterized by having a main stem or trunk or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet (10') high at maturity.

16.    Tree removal. Cutting of a tree to the ground or its extraction or severe trimming of a tree that does not comply with pruning standards adopted in Chapter 30 of this title (Tree Protection Standards). (See “pruning” definition.)

17.    Tree technical manual. The regulations and specifications issued by the Director to implement Chapter 30 of this title (Tree Protection Standards).

18.    Unprotected tree. Any class of tree not specified in Section 9.30.040 (Protected trees).

Tropical and other fish raising and sales. See “retail stores, general merchandise.” The use does not include commercial fish farming, which is considered an industrial use.

Truck and trailer sales lot. An open area where trucks or trailers are sold, leased, or rented and where no repairing, repainting, or remodeling is done.

Truck repairing and overhauling. See “motor vehicle repair and maintenance.”

Twenty-four (24) hour retail and services uses. Any business accessible and open to the public (i.e., not uses such as manufacturing, warehousing and processing) that operates twenty-four (24) hours a day or between the hours of 12:00 a.m. and 5:00 a.m., regardless of any other hours of operation, and located three hundred feet (300') or closer to any residential district and the use, the business center or the commercial center in which the use is located is located within three hundred feet (300') of any residential district.

Two (2) family housing/duplexes. Attached multifamily housing structure under single or individual unit ownership containing two (2) dwelling units in the same structure.

U.    Definitions, “U.”

Unit. See “dwelling unit.”

Unit planned development. The same as “planned development.”

Urban area. Any land within the corporate limits of the City.

Urban lot. Any lot which lies, in whole or in part, within the boundaries of the urban area as defined in this subsection.

Use. The purpose for which land or a structure is arranged, designated, designed, intended, maintained, or occupied. See also “accessory use” and “primary use.”

Use inauguration. The establishment or commencement of a use on a parcel or occupancy of a structure, or construction of substantial site improvements after a building permit has been issued, subject to determination by the Director.

Utility easement. See “easement.”

V.    Definitions, “V.”

Variance. A discretionary entitlement that may waive or relax the development standards of this Development Code, in compliance with Chapter 68 of this title (Variances).

Variety and notion shops. See “retail stores, general merchandise.”

Vehicle and freight terminals. Transportation establishments furnishing services incidental to transportation including: freight forwarding services; freight terminal facilities; joint terminal and service facilities; crating, inspection, packing, and weighing services; postal service bulk mailing distribution centers; transportation arrangement services; and trucking facilities, including transfer and storage. Includes air, motor, and rail freight transportation.

Vehicle storage facilities – long-term. Service establishments engaged in the business of long-term storage of operative buses, boats, cars, recreational vehicles, trucks, and other motor vehicles for clients. (All primary uses are considered to include any customer or public use off-street parking required by this Development Code.) Includes sites where vehicles and/or trailers are stored for rental or leasing. Does not include dismantling yards (see “recycling facilities”). See also “parking lots/garages – short-term.”

Vending machines. A walk-in or reach-in automated mechanical device containing a range of products for purchase, including ice and food products.

Vertical antennas. Any box frame, mast, pole, structure, tripod, or tower utilized for the purpose of reception, retransmission, or transmission of electromagnetic, ham radio, microwave, or radio signals.

Veterinary clinics and animal hospitals. Offices and medical treatment facilities used by veterinarians, with indoor and/or outdoor kennel facilities. This use includes large and small animal veterinary clinics and animal hospitals. See also “animal keeping” and “kennels.”

Video stores. See “retail stores, general merchandise.”

Vietnamese potbellied pigs. A dwarf swine breed which was developed in the 1960s from the Í breed of Vietnam.

Visual obstruction. Any fence, hedge, tree, shrub, wall, object, or structure, exceeding three feet (3') in height measured from the crown of intersecting or intercepting streets, alleys, or driveways, which limits the visibility of persons in motor vehicles on such streets, alleys, or driveways. “Visual obstruction” shall not include trees kept trimmed of branches below a minimum height of seven feet (7').

W.    Definitions, “W.”

Wading pools. The same as “Swimming pools.”

Wall. Any device or structure forming a physical barrier, constructed so that at least fifty percent (50%) of the vertical surface is closed and prevents the passage of air, light, and vision through the surface in a horizontal plane, generally erected to enclose, screen, or separate areas.

Warehouse retail stores. Retail establishments that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees.

Warehousing. Facilities for the short-term storage of materials, supplies, and products consumed or stored on the premises, only when clearly secondary and incidental to the main use. Does not include: mini-storage, storage, or warehouse facilities offered for rent or lease to the general public; or warehouse facilities where the primary purpose of storage is for wholesaling and distribution. (See “wholesaling and distribution.”) Additionally, does not include terminal facilities for handling freight.

Welding. See “metal products fabrication.”

Wholesaling and distribution. Establishments engaged in selling merchandise to retailers; to commercial, farm, industrial, institutional, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. Does include: agents, merchandise, or commodity brokers, and commission merchants; assemblers, buyers, and associations engaged in the cooperative marketing of farm products; merchant wholesalers; stores primarily selling air conditioning, electrical, heating, and plumbing supplies and equipment.

Wireless telecommunications facilities. Commercial, private, and public electromagnetic and photoelectrical transmission, broadcast, repeater, and receiving stations for cellular telephone, data network, radio, telegraph, telephone, and television communications, including commercial earth stations for satellite-based communications. Includes antennas, satellite dishes, towers, and associated equipment and facilities. Does not include cable, telegraph, or telephone transmission facilities utilizing hard-wired or direct cable connections.

X.    Definitions, “X.” No definitions beginning with the letter “X” are used at this time.

Y.    Definitions, “Y.”

Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections allowed by this Development Code.

1.    Front yard. An area extending across the full width of the parcel between the front lot line and the required setback.

2.    Rear yard. An area extending the full width of the parcel between a rear lot line and the required setback.

3.    Side yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback.

Z.    Definitions, “Z.”

Zone. The same as “Zoning district.”

Zoning district. One of the zoning districts established by Section 9.08.010 (Zoning districts established), within which certain uses of land and structures are allowed or prohibited, and within which certain height limits, open space requirements, and setbacks are established for structures by this Development Code.

Zoning district, change of. The legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the Zone Map of the City. (§ 2, Ord. 14-13, eff. October 8, 2014; § 2, Ord. 15-06, eff. March 4, 2015; § 1 (Att. 4), Ord. 17-03, eff. April 19, 2017; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018; § 2 (Att. C), Ord. 19-05, eff. May 8, 2019; § 5, Ord. 24-11, eff. October 3, 2024)