Chapter 17.81 DEFINITIONS

B. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular, unless the natural construction of the wording indicates otherwise.

C. The word “shall” is mandatory and not discretionary.

D. The word “may” is permissive, and leaves the action fully to the discretion of the city or other agency involved. (Ord. 495 § 1, 2005)

17.81.020 “A” definitions.

“Accessory structure” means a building which is subordinate to, and the use of which is incidental to, that of the principal building or the principal use of the same lot or building site. No building in an R district which contains a dwelling unit shall be deemed to be an accessory building. (See illustration.)

“Accessory use” means a use incidental and subordinate to the principal use of the premises, which does not alter the characteristics of the use, considered as a whole and as related to other uses permitted in the same district.

“Adult entertainment facility” means any facility which includes an adult bookstore, an adult motion picture theater, an adult live entertainment establishment or any other place of business of any similar purpose, operation or function, with or without an alcohol license, where a substantial portion of its trade consists of materials or entertainment which is distinguished or characterized by the emphasis on matters or acts depicting, describing or relating to sexual activities and that portray actual or simulated anatomical genital areas, pubic regions, buttocks, anus or breasts.

“Agriculture” means the tilling of soil, the raising of crops, horticulture, small livestock farming, dairying or animal husbandry, including all uses customarily, but not including slaughter houses, feed yards, hog farms, fertilizer works, bone yards or plants for the reduction of animal matter or any other industrial or agricultural use which is determined by the planning commission to be similarly objectionable because of noise, odor, smoke, dust or fumes.

“Alley” means a public thoroughfare, not exceeding 30 feet in width, for the use of pedestrians and/or vehicles, which affords only a secondary means of access to the abutting property.

“Ambulance service” means any business substantially devoted to providing emergency medical care and transportation, including incidental storage and vehicle maintenance.

Animals.

1. “Domestic animals” means small animals of the type generally accepted as pets, including but not limited to dogs, cats, rabbits, fish, and birds but not including chickens, ducks, geese, pea fowl, goats, sheep, and hogs. Domestic animals shall not include any animals, birds or fish maintained for commercial purposes.

2. “Exotic animals” means any wild animals not customarily confined or cultivated by man but kept as pets or for display.

Animal Sales and Service.

1. “Animal boarding” means provision of shelter and care for domestic animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

2. “Animal grooming” means provision of bathing and trimming services for domestic animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours.

3. “Animal hospital” means an establishment where domestic animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed and air conditioned. Grooming and temporary (30 days) boarding of animals is included if incidental to the hospital use.

4. “Animal retail sales” means retail sales of domestic animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.

“Apartment” means a dwelling unit in a multifamily building.

“Artisan beverage maker” means a small business that independently produces custom beverages including but not limited to micro-breweries, micro-wineries, craft distilleries, cider makers, coffee roasters, soda makers or cocktail mixers that may include tasting, food service and entertainment.

“Artist studio” means work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.

Attached Structure. Whenever this code requires a room or dwelling unit to be attached to any other structure on the property, the connecting portion must meet all of the following conditions:

1. Be permanently roofed;

2. Be enclosed on no less than two sides with walls;

3. Be not more than 20 feet in length;

4. Be not less than eight feet in width.

Automobile Repair. See “Motor vehicle repair” in EMC 17.81.140.

“Automobile sales and service” means the sale or rental of automobiles, motorcycles, trucks, and recreational vehicles, including storage and incidental maintenance.

“Automobile self-service station” means an establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.

“Automobile service station” means a place where motor fuel, lubrication or grease is offered for sale to the public and delivered to the public and where minor auto vehicle repair and retail is an accessory use to the sale and delivery of motor fuel, oil and grease.

“Automobile service station/convenience food store” means a place where motor fuel, lubrication or grease is offered for sale to the public and delivered to the public and where minor auto vehicle repair and retail establishments are an accessory use to the sale and delivery of motor fuel, oil, and grease. (Also see “Gasoline station/minimart” in EMC 17.81.080.)

“Automobile storage” means lots for storage of parking tow-away vehicles, impound yards, and storage lots for automobiles, trucks, buses, and recreational vehicles.

“Automobile and trailer sales area” means an open area used for the display, sale or rental of new or used automobiles or trailers, and where repair work is limited to minor incidental repair or automobiles or trailers to be displayed, rented or sold on the premises.

“Automobile washing” means washing, waxing, detailing or cleaning of automobiles or similar light vehicles, including the use of mechanical automobile washers.

Automobile Wrecking. See “Junk yard” in EMC 17.81.110. (Ord. 582 § 4, 2020; Ord. 495 § 1, 2005)

17.81.030 “B” definitions.

Bakery.

1. “Retail bakery” means a sales facility which offers bakery products only for direct sale to the public and which, as an accessory use, may include the preparation of products normally sold in bakeries for sale off the premises. Retail bakeries shall not devote over 20 percent of their gross output to the preparation of bakery products for sale at other locations.

2. “Wholesale bakery” means a bakery or other food store which devotes over 90 percent of its gross floor area to the preparation and/or storage of bakery products for sale at other locations. Wholesale bakeries may offer bakery products for direct sale to the public.

“Bar/cocktail lounge” means an establishment wherein alcoholic beverages are sold at retail for consumption on the premises, and minors are excluded by law.

“Basement or cellar” means a story partly or wholly underground, and having more than one-half of its height below the average level of the adjoining ground.

Billboards. See EMC 17.42.020.

“Boardinghouse” means a building other than a hotel or restaurant, where meals or lodging, or both meals and lodging, are provided for compensation for four or more persons. The term does not include such uses as rest homes, convalescent home or home for the aged.

“Brewery” means an establishment which is licensed by the California Department of Alcoholic Beverage Control under a Type 1 or Type 23 license to manufacture and sell alcoholic beverages on the premises for on-site or off-site consumption.

“Brewery, large” means a brewery producing more than 60,000 barrels a year.

“Brewery, micro” means a small-scale brewery operation that generally produces approximately 15,000 barrels a year. Its beer products are primarily intended for local and/or regional consumption and may include a restaurant or pub on their manufacturing plant.

“Brewery, small” means a brewery producing 60,000 barrels a year or less.

“Brewery, tap or tasting room” means an establishment which is licensed by the California Department of Alcoholic Beverage Control under a Type 1 or Type 23 duplicate license to sell malt beverages the licensee produces for on-site and off-site consumption, including sales of sealed containers (growlers) for off-site consumption. Only beer produced by the master licensee may be sold and/or consumed at the location.

“Brewpub” means a very small brewery with a restaurant where the beer is sold in draft form exclusively at its own premises. This operation may sell other suppliers’ bottled beer, including other hand crafted or micro-brewed beers, as well as wine or spirits to patrons for on-site consumption. Brewpubs are defined as a “bona fide public eating place” by the State of California Department of Alcoholic Beverage Control and their operational requirements are dictated by a Type 75 license.

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

Building, Accessory. See “Accessory structure” in EMC 17.81.020.

“Building height” means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof and to the average height between eaves and the ridge for gable, hip and gambrel roofs.

Building Height, Secondary Dwellings above Garages. When a secondary dwelling is located above a garage, the height shall be determined as the vertical distance from the floor of the secondary dwelling unit to the apex of the structure.

“Building, main” means a building in which is conducted the principal use of the lot on which it is situated.

“Building materials and services” means the retailing or wholesaling of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors’ yards but excludes establishments devoted exclusively to retail sales of paint and hardware.

“Building site” means the land area, consisting of one or more lots or parcels or land under common ownership or control, to be considered as the unit of land occupied by a main building or buildings and accessory buildings, or by a principal use and uses, together with all yards, parking spaces and other open spaces required by this title.

Bungalow Court. See “Dwelling group” in EMC 17.81.050. (Ord. 582 § 5, 2020; Ord. 495 § 1, 2005)

17.81.040 “C” definitions.

“Canopy” means a roof of a building or a fixed overhead shelter used as a roof, which does not encroach into a public street or alley right-of-way.

“Carport” means a permanent roofed structure with no more than two enclosed vertical sides, used or intended to be used for automobile shelter and storage.

“Catering services” means the preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.

“Cemetery” means land used or intended to be used for the burial of the dead, and dedicated for cemetery purposes, including a columbarium, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundary of such cemetery.

Centerline. The “centerline” of a street, as referred to in this title, means the right-of-way centerline as established by the county supervisor, by the city engineer, by the State Division of Highways or, if no such centerline has been established and in any case in which the foregoing definition is not applicable, the planning commission shall designate the centerline.

“City” shall mean the City of Escalon.

“City planner” means the city planner for the City of Escalon.

“Club” means an association of persons, whether incorporated or unincorporated, organized for some common nonprofit purpose, but not including a group organized solely or primarily to render a service customarily carried on as a business.

“Commercial center” means a development which consists of not less than 20,000 square feet of enclosed floor area on a site not less than two acres in size the ownership of which is either vested in a single person or entity or in several persons or entities, the interest of each being one which is undivided in the whole, and which integrates as a part of the total development several retail stores, food or beverage sales, motel accommodations, or offices operated by the owner or owners of the development wither under lease or rental agreement by third parties.

“Communications facilities” means broadcasting, recording and other communication services attained through electronic or telephonic mechanisms but excluding major utilities. This classification includes radio, television or recording studios, telephone switching centers.

Comprehensive Sign Program. See EMC 17.42.020.

“Conditional use permit” means permits required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.

“Condominium development” means a structure or appurtenant premises divided in ownership by the existence of condominiums, as now or hereafter defined in Section 783 of the Civil Code of the state, and includes instances where ownership is so divided following prior single ownership of the entire structure(s) and premises, as well as new structures and premises so divided in ownership.

Construction Sign. See EMC 17.42.020.

“Convenience store” means a retail establishment generally carrying less than a full range of grocery items, usually prepackaged in inventory, and intended to provide grocery goods at the convenience of the general public conducting short shopping trips.

“Council, city” means the city council of the City of Escalon.

“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or buildings, which is bounded on two or more sides by such building or buildings, including the open space in a house court or apartment house providing access to the units thereof.

“Coverage” means the portion of a site covered by building and parking structures, and all built and water impermeable structures and surfaces, and expressed as a percent of the total site area. “Coverage” does not include solar collectors, which do not increase site coverage by more than 10 percent.

“Craft distiller” means a facility which manufacturers distilled spirits under a Type 74 license, up to 100,000 gallons of distilled spirits per fiscal year; packages, rectifies, mixes, flavors, colors, labels, and exports distilled spirits manufactured by licensee; only sells its distilled spirits to a licensed wholesaler, manufacturer, winegrower, manufacturer’s agent, or rectifier; sells up to two and one-quarter liters of distilled spirits manufactured by the licensee to a consumer attending an instructional tasting; may sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide eating place located on the licensed premises; may have upon its licensed premises all beers, wines, and distilled spirits, regardless of source, for sale or service only to guests during private events not open to the general public; serves a total of one and one-half ounces of distilled spirits per individual per day to be as tastes.

“Cul-de-sac” means a street which connects to other streets only at one end, and having provision for a turnaround at its other end. (Ord. 582 § 6, 2020; Ord. 495 § 1, 2005)

17.81.050 “D” definitions.

“Dairy” means any premises where milk is produced for sales or distribution, and where three or more cows or goats are in lactation.

“Day care facility, large” means any establishment, activity or use of a site providing group day care services for more than eight children other than those resident on the site, including a day nursery, nursery school, play group, or afternoon group.

“Day care facility, small” means any establishment, activity or use of a site providing group day care services for eight or less children other than those resident on the site, including a day nursery, nursery school, play group, or afternoon group.

“Deciding body” means the group of city officials appointed with the specific task of hearing and voting to approve or deny those permit applications described in this title.

Directional Sign, Off-Site. See EMC 17.42.020.

Directional Sign, On-Site. See EMC 17.42.020.

“District” means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this title.

“Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, including premanufactured housing on a foundation and mobile homes, as that term is defined in Section 65852.3 of the California Government Code, but not including a tent or trailer.

“Dwelling, attached or semi-attached” means a building containing a single dwelling unit and having one or more walls in common with another such unit and located or capable of being located on a separate lot.

“Dwelling group” means a group of two or more detached or semi-detached one-family, two-family or multiple dwellings, occupying a parcel of land in one ownership and having any yard or court in common, including apartment houses.

“Dwelling, multiple-family” means a building or portion thereof used and designed as a residence for three or more families or housekeeping units, living independently of one another and doing their own cooking in the building, including apartment houses, apartment hotels, and flats.

“Dwelling, single-family” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit.

“Dwelling, two-family” means a detached building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. Also includes duplex.

“Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes, and having one kitchen.

“Dwelling unit, accessory” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes (1) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. (Ord. 577 § 4, 2019; Ord. 495 § 1, 2005)

17.81.060 “E” definitions.

“Eaves” means roof projections, which extend beyond the exterior wall plane of a building.

“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

“Employee housing” means housing providing accommodations for six or fewer employees. Employee housing shall be treated as a single-family home and shall be permitted in all zones that allow single-family residences, subject to the same standards and permit requirements as a single-family residence.

“Entrance, primary” means the primary entrance to a building.

“Equipment rental” means a business whose primary activity is the renting of tools, equipment, and other devices.

Exterior Sign. See EMC 17.42.020. (Ord. 557 § 1 (Att. A), 2016; Ord. 495 § 1, 2005)

17.81.070 “F” definitions.

“Family” means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.

“Farm equipment/marine sales and services” means an establishment providing farm or marine supplies, equipment, and minor service.

“Fence” means a vertical barrier of any material, or combination of materials, constructed to enclose or screen a lot or a portion of a lot. Also includes “wall or solid hedge or landscaping screen.”

“Financial/real estate services” means a category of businesses and services including banks, savings and loan associations, thrifts, real estate brokerages, land title companies, escrow companies, and stock and bond offices.

“Floor area ratio (FAR)” means the ratio between the total floor area of a building or buildings located on a lot and the area of that lot in gross square feet. (See illustration.)

“Floor area, total” means the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or perimeters of horizontal surfaces if such horizontal areas are partially or wholly unenclosed.

“Foster family home” means a state-licensed residential facility providing 24-hour care for six or fewer foster children, which is zoned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the children have been placed.

“Front wall” means the wall of the building nearest the street upon which the building faces, but excluding certain architectural features as specified in this title.

“Funeral and interment services” means a building or part thereof used for human funeral services. Such building may contain space and facilities for: a chapel; embalming and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns and other related funeral supplies; and the storage of funeral vehicles, but shall not include facilities for cremation. (Ord. 495 § 1, 2005)

17.81.080 “G” definitions.

Garage, Commercial. See “Motor vehicle repair” in EMC 17.81.140.

Garage, Parking. See “Parking garage, commercial” in EMC 17.81.170.

“Garage, private” means a detached or attached accessory building or structure designed for the parking of motor vehicles belonging to or used by the occupants of the residential unit.

“Garage, public” means any premises, except those herein defined as a private or storage garage, used for the storage or care of self-propelled vehicles, or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire, or sale.

“Garage, storage” means any premises, except those herein defined as a private garage, used exclusively for the storage of self-propelled vehicles.

Gasoline Station. Refer to “Automobile service station” and “Automobile self-service station.”

“Gasoline station/minimart” means a facility where motor vehicle fuels, oils and lubricants are retailed to the public. Where the sale of prepackaged food items and tangible consumer goods also occurs, primarily for self-service by the customer. No vehicle repair or maintenance services are allowed.

“General plan” means the general plan of the City of Escalon adopted by the city council.

Government Facilities. Refer to “Institutional use” in EMC 17.81.100.

Grade.

1. “Natural grade” means the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.

2. “Finished grade” means the vertical location of the ground surface at a stated location which conforms to a plan approved by the City of Escalon. (Ord. 495 § 1, 2005)

17.81.090 “H” definitions.

Height. See “Building height” in EMC 17.81.030.

“Home occupation” means the use of a dwelling unit for a nonresidential purpose, but in a limited manner both subordinate to the residential use and not discernible from the exterior of the dwelling so used.

“Hospital” means an institution providing primary health services and medical or surgical care to people, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical and mental conditions, and including, as an integral component of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

“Hotel” means a facility providing transient lodging accommodations on a daily rate and occupancy is generally limited to no more than 30 or fewer days to the general public in a building or portion thereof in which access is provided through a common entrance, lobby or hallway. See also “Motel” in EMC 17.81.140. (Ord. 495 § 1, 2005)

17.81.100 “I” definitions.

Identification Sign. See EMC 17.42.020.

Illuminated Sign. See EMC 17.42.020.

Illuminated Sign, External. See EMC 17.42.020.

Illuminated Sign, Internal. See EMC 17.42.020.

Incidental Use. See “Accessory use” in EMC 17.81.020.

Industry.

1. “General industry” means manufacturing of products primarily from extracted or raw materials or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck traffic, equipment usage, or the storage or transfer of bulk fuel. This classification includes chemical laundry and dry cleaning plants, auto dismantling, stonework and concrete products manufacturing, and power generation.

2. “Limited industry” means manufacturing of finished parts or products from previously prepared materials and the provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and major automobile repair.

“Institutional use” means a public or quasi-public use of a lot or building including government offices, schools, utility facilities, parks, libraries, fire stations, social service organizations, and social services, whether funded by public taxes or private donations. (Ord. 495 § 1, 2005)

17.81.110 “J” definitions.

“Junk yard” means any parcel of land or building for which the principal or accessory use is the abandonment, collection, demolition, dismantlement, keeping, storage, bailment, salvage or sale of used, discarded, worn out or scrapped machinery, vehicles, vehicle parts, scrap metal, chains, used pipes, waste paper, rages, enamelware, furniture, bottles, cans, rope, iron, copper or other scrap or discarded materials. (Ord. 495 § 1, 2005)

17.81.120 “K” definitions.

“Kitchen” means any portion of a structure with any combination of the following: sink (other than that appurtenant to a bathroom), food storage and preparation areas, refrigerator, or cooking appliances including a stove, microwave oven, convection oven, cooking burners, or similar appliances which may reasonably be used for the preparation of food. A separate or second kitchen does not exist if one or more of the following applies: (1) a permanent interior access is provided throughout the living unit; and (2) configuration of appliances clearly indicate that the space is an office or guest room, and will not and cannot be used as a separate living unit. Interpretation of whether or not an area is or is not a separate kitchen shall be by the city planner pursuant to this section. (Ord. 495 § 1, 2005)

17.81.130 “L” definitions.

“Laboratories” means establishments providing medical or dental laboratory services or establishments providing photographic, analytical or testing services.

“Landscaping” means the planting and maintenance of trees, shrubs, lawns, and other ground cover or material, including inorganic accessory materials utilized to access or complement the vegetation.

“Livestock farming” means keeping of farm animals for use, for propagation, or for intended profit or gain and without limiting the generality of the foregoing includes: dairy and beef cattle, horses, swine, sheep, laying hens, chicken and turkey broilers, turkeys, goats, geese, mink and rabbits.

“Lot” means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this title and having its principal frontage on a street. “Lot” includes the word “plot.”

“Lot area” means the total horizontal area included within lot lines.

“Lot, corner” means a lot abutting on and at the intersection of two or more streets. (See illustration.)

Lot Corridor. See “Lot, flag.”

Lot Coverage. See “Coverage” in EMC 17.81.040.

“Lot depth” means the average distance from the street line of the lot to its rear line measured in the general direction of the side lines. (See illustration.)

“Lot, flag” means a lot so shaped that it does not meet minimum lot frontage requirements with the main building site area set back from the street on which it fronts and which includes an access strip connecting the main building site with the frontage street. (See illustration.)

“Lot frontage” means that dimension of a lot or portion of a lot abutting on a street, except the side of a corner lot. (See illustration.)

“Lot, interior” means a lot other than a corner lot. (See illustration.)

“Lot lines” means lines bounding a lot.

“Lot, through” means a lot bounded on two opposite sides by streets; provided, however, that if any lot qualifies as being both a corner lot and a through lot as defined below, such lot shall be deemed a corner for the purpose of this title. (See illustration.)

“Lot width” means the horizontal distance between the side lot lines measured at right angles to the lot depth at a point 20 feet from the front property line. (Ord. 495 § 1, 2005)

17.81.140 “M” definitions.

“Mail service” means a business whose primary activity is providing postage and delivery of letters and packages.

Maintenance and Repair Service.

1. “Major maintenance and repair service” means facilities providing equipment maintenance and repair services and materials storage areas. This classification includes corporation yards, equipment service centers and the like and excludes maintenance and repair of motor vehicles.

2. “Minor maintenance and repair service” means establishments providing appliance repair, office machine repair or building maintenance service. This classification excludes maintenance and repair of motor vehicles.

“Manufacture” means the preparation, making, treatment or processing of articles as merchandise.

Manufactured Structure. See “Residential, manufactured structure” in EMC 17.81.190.

“Mini-warehouse” means a building containing separate spaces of like or varying sizes which are leased or rented on an individual basis and used for the temporary storage of goods and materials.

Mobile Home. See “Residential, manufactured structure” in EMC 17.81.190.

“Motel” means a facility providing transient lodging accommodations on a daily rate and occupancy is generally limited to no more than 30 or fewer days to the general public in one or more buildings on the same lot. The buildings contain guest rooms or dwelling units or both, which are usually individually and independently accessible from outside the building. Motel includes motor lodge, tourist court, motor hotel or any other designation intended to identify the premises as providing for rental of overnight accommodation primarily to motorists.

Motor Vehicle Repair.

1. “Major motor vehicle repair” means a place providing a full range of repair and maintenance services for motor vehicles, including the following:

a. Cylinder head replacement.

b. Valve grinding or replacement.

c. Clutch replacement.

d. Repair, replace transmission, rear end, rear axles, king pins.

e. Body work.

f. Engine or transmission removal.

g. Fuel tank repair.

h. Radiator or heater core repair or replacement.

i. Painting.

j. Repair activities that require entry in the engine other than those specifically listed as approved minor automobile repair.

2. “Minor motor vehicle repair” means a place performing the following repair and maintenance services for motor vehicles, including the following:

a. Tune-ups. Major and minor tune-up involving spark plugs, points, condensers, valve adjustment, carburetor overhaul, adjustment of fuel injections systems, fuel pump and all necessary filters.

b. Lubrication. Oil changes and filter replacement, transmission, and rear end oil change.

c. Cooling system. Remove and replace radiator and repair of same; replace water pump, heater and other hoses; replace thermostats; recharge air conditioners.

d. Drive train. Replacement of transmission and motor support mounting; replacement of drive shaft universal bearings, center support bushing, accelerator and brake cables; minor repair of hydraulic systems; replacement of shock absorbers.

e. Brakes. Remove and replace shoes and brake pads; rebuild master and wheel cylinders and disc caliper; adjustment of brakes; machine work related to turning of drums or discs.

f. Wheels. Adjust steering box; replacement of rubber bushings in suspension; wheel balancing; wheel alignment; replacement of wheel bearings; tire changes and repair.

g. Electrical. Charge battery; remove, repair and replace starter, alternator, generator and regulator; rewiring of automobile and lights; repair or replacement of gauges; installation of radios.

h. Fuel system. Change and repair of fuel lines; replace fuel gauge sending unit.

i. Exhaust system. Tail pipe and muffler replacement.

3. Any activity combining minor and major motor vehicle repair shall be defined as “major motor vehicle repair.” (Ord. 495 § 1, 2005)

17.81.150 “N” definitions.

Natural Grade. See “Grade” in EMC 17.81.080.

“Nightclub” means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages for consumption on the premises and where a dance floor or entertainment is provided.

“Nonconforming building or structure” means a building, or portion of a building, which was constructed, or structurally altered, in a manner consistent with land use regulations and development standards in effect at the time of the construction or structural alteration but which does not conform to the current development standards of the district in which it is located. Also includes “nonconforming structure.”

“Nonconforming use” means a use of the land which was begun in a manner consistent with land use regulations and development standards in effect at the time of the initial use but which does not conform to the current land use regulations of the district in which it is located.

“Not materially visible off-site” refers to new dwellings and additions which will be totally or nearly obscured from surrounding properties or other significant viewpoints located off-site due to size, location, materials, colors, existing landscape screening, or combination thereof.

Nurseries.

1. “Retail nursery” means an establishment that raises or stores trees, shrubs, flowers and other plants for transplanting or for sale to the general public. Such establishment may also include sales of landscape and garden supplies.

2. “Wholesale nursery” means an establishment that raises or stores trees, shrubs, flowers and other plants for transplanting or for sale in large quantities with no direct access by the general public.

Nursery School. See “Day care facility, large” or “Day care facility, small” in EMC 17.81.050. (Ord. 495 § 1, 2005)

17.81.160 “O” definitions.

“Office, business and professional” means a building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations, including and of the same general character as a real estate and insurance agency, accounting firm, business consultant, travel bureau, employment agency, etc., but not including wholesale or retail activities involving stock in trade on the premises.

“Office, medical” means an office or building containing offices where medical and health-related services are provided to individuals by physicians, surgeons, dentists, psychologists, and persons practicing the healing arts, but not including medical and dental laboratories and clinics.

Open House Sign. See EMC 17.42.020.

“Open space, private” means a lot, or a portion of a lot, privately owned and designated for private use, to be preserved in a natural or naturalized state through an appropriate instrument or action of the city that will guarantee it stays in open space.

“Open space, usable” means open space which has sufficient horizontal and vertical dimensions to allow for active or passive use in a fashion and manner comparable to traditional residential back yard space or public park space.

Outdoor Advertising Sign. See EMC 17.42.020.

Outdoor Display. See EMC 17.42.020. (Ord. 495 § 1, 2005)

17.81.170 “P” definitions.

Parcel. See “Lot” in EMC 17.81.130.

“Parking garage, commercial” means a public or private parking garage used for the commercial business of parking motor vehicles on a temporary basis normally for not over 24 hours. Also includes “parking garage.”

“Parking lot” means a lot or portion of a lot designed exclusively for the parking of motor vehicles and paved with a permanent all weather surface as may be approved by the public works director.

“Parking lot, commercial” means a public or private parking lot used for the commercial business of parking motor vehicles for periods not exceeding 22 hours during any one day.

“Parking space” means an area designed for the parking of motor vehicles having unobstructed access to a public street, way, or access easement at all times, and either within a garage or carport, or uncovered, and paved with a permanent all weather surface as may be approved by the city engineer.

“Pawnshop” means an establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property.

“Permitted use” means a use by right which is specifically authorized in a particular zoning district.

“Personal improvement services” means services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, diet centers, and the like.

“Personal services” means establishments providing recurrently needed services of a personal nature, generally including barber and beauty shops, seamstresses, tailors, shoe repair shop, dry cleaning (except bulk processing plants), photocopying, and self-service laundries.

“Pharmacy” means a business whose primary activity is the preparing and dispensing of prescription drugs.

“Planning commission” means the planning commission of the City of Escalon.

“Porch” means a roof structure, raised above grade, attached to a building, not more than 75 percent enclosed by walls, which is not heated or cooled, and is at least 48 inches wide. The floor of the porch shall not be dirt, but shall be of a constructed material acceptable to the city planner.

Preschool. See “Day care facility, large” or “Day care facility, small” in EMC 17.81.050.

“Primary building” means a building which houses the primary use of the lot.

Private Club. See “Club” in EMC 17.81.040.

“Projections” means portions of buildings and architectural features on a building which extend beyond the primary exterior building wall plane.

“Property line, front” means the property line generally extending across the full street frontage of a lot between the side property lines and typically defined as the narrower of the lot’s dimensions.

“Property line, rear” means the property line generally extending across a lot’s rear between the side property lines and parallel to the lot’s front property line.

“Property line, side” means the property lines generally extending along the entire length of a lot between the front and rear property lines and typically defined as the longer of the lot’s dimensions.

“Public works director” means the public works director of the City of Escalon. (Ord. 495 § 1, 2005)

17.81.180 “Q” definitions.

Reserved. (Ord. 495 § 1, 2005)

17.81.190 “R” definitions.

“Recreation and entertainment, commercial” includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, pool halls, ice/roller skating rinks, golf courses, miniature golf courses, health/fitness clubs, card rooms, and similar uses.

“Recycling facility, drop-off” means a drop-off facility for the recycling of wastepaper, bottles, cans or other recyclable materials.

“Recycling facility, processing” means a building or enclosed space used for the collection and processing of recyclable materials. “Processing” means the preparation of material for efficient shipment, or to an end-user’s specification, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

“Research and development facility” means an establishment primarily engaged in industrial or scientific research, including limited product testing.

Residential Care Facility, Large. A “large group home” serves seven or more people and consists of a family home, group care facility, or similar facility as determined by the Director of the State Department of Social Services, for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq.

Residential Care Facility, Small. A “small residential facility” serves six or fewer people and consists of a family home, group care facility, or similar facility as determined by the Director of the State Department of Social Services, for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. A residential facility serving six or fewer persons shall be considered a family dwelling for all zoning purposes and shall be subject to the same standards and permit requirements as a single-family residence.

“Residential, manufactured structure” means a residential unit constructed off-site and delivered and installed on a lot. State law mandates that cities allow the installation of manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 on a foundation system, pursuant to Section 18551 of the Health and Safety Code on lots zoned for conventional single-family residential dwellings. Also includes “residential, mobile home.”

“Residential, mobile home” means a trailer coach that is used as a dwelling all the year round, has water faucets and shower or other bathing facilities that may be connected to a water distribution system, and has facilities for washing and a water closet or other similar facility that may be connected to a sewerage system.

“Residential, multiple-family” means a building having four or more independent and attached residential units.

“Residential project” means:

1. Any planned development district, subdivision map, conditional use permit or other discretionary city land use approval, which authorized five or more new dwelling units or residential lots, or a combination of five or more residential lots and new dwelling units; or

2. Contemporaneous construction of four or more new dwelling units on a lot or contiguous lots not within the area of such an approval, if, in the case of contiguous lots, there is evidence of overlapping ownership or control of the lot or lots in question. Construction shall be considered contemporaneous for all units for which, at any one time, a planned unit development, planned community development, subdivision map, conditional use permit or other discretionary city land use approval, or building permit, or application for such an approval or permit, is outstanding, and a final inspection or certificate of occupancy has not yet been issued. Notwithstanding the remainder of this section, any development which has received one or more planned development district, subdivision map, or conditional use permit approval before the effective date of this chapter, to the extent dwelling units are constructed pursuant to those approvals without substantial modification of the approvals, shall not be considered a residential project.

A project shall not cease to be a residential project because it receives public assistance, but all assisted dwelling units in a publicly-assisted project which are subject to recorded restrictions that impose rental affordability requirements restricting occupancy to households at or below 50 percent of median income at affordable rents shall not be considered as part of the residential project for purposes of this chapter.

“Residential secondary dwelling unit” means an additional separate living unit with kitchen and full bathroom facilities, whether within the main structure or as a separate structure on the lot. Also includes “secondary dwelling unit.”

“Residential, single-family attached” means a building containing two or three independent and attached residential units. Also includes “duplex” and “triplex.”

“Residential, single-family detached” means a detached residential unit.

“Residential unit” means a building, or portion of a building, designed for occupancy as living quarters by one household and having no more than one kitchen and at least one bathroom. A residential unit may be either detached, attached, multifamily, or may be a manufactured structure. A dwelling unit may be owned, either wholly or as part of a condominium or stock cooperative, or may be rented as an apartment. Also includes “dwelling unit.”

“Restaurant” means an establishment that serves food and beverages primarily to persons seated within the building or for take out consumption. This includes cafes, tearooms, and outdoor cafes.

“Restaurant, fast food” means an establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either:

1. Foods, frozen desserts or beverages are usually served in paper, plastic or other disposable containers and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or

2. The establishment includes a drive-up or drive-through service facility or offers curb service.

“Retail sales” means the retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, audio and video sales and rentals, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, new automotive parts and accessories (excluding service and installation) and the like. (Ord. 527 § 11, 2010; Ord. 495 § 1, 2005)

17.81.200 “S” definitions.

“Salvage and wrecking yard” means the use of a lot or contiguous lots or any portion thereof for the storage of junk, including scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles, machinery, and the like.

School, Preschool. See “Day care facility, large” or “Day care facility, small” in EMC 17.81.050.

“School, private” means a school operated by a private agency or organization which serves as an alternative to public education or as a technical training school.

“School, public” means a school operated by a public agency under provisions of the California Education Code.

“School, religious” means a school whose curriculum focuses on religious or spiritual teachings associated with texts recognized as sacred by the congregation of the religious organization operating the school.

Secondary Dwelling Unit. See “Residential secondary dwelling unit” in EMC 17.81.190.

“Secondhand store” means an establishment engaged in the sale or trade of used clothing, furniture, appliances, and other goods.

Service Station. See “Automobile service station” and “Automobile self-service station” in EMC 17.81.020.

“Setback” means a distance established by the provisions of this title to govern the placement of buildings and other improvements on lots with respect to property lines, streets, ways, or access easements.

“Shared parking concept” means a parking concept that uses the same parking lot or parking space(s) to satisfy parking requirements for more than one use. Uses that share the same parking space must operate at different times of the day so that the parking space serves only one business at a time.

Shopping Center. See “Commercial center” in EMC 17.81.040.

Sign. See EMC 17.42.020.

Sign Area. See EMC 17.42.020.

Sign, Exterior. See EMC 17.42.020.

Sign, Pole. See EMC 17.42.020.

Sign, Political. See EMC 17.42.020.

Sign, Portable. See EMC 17.42.020.

Sign Program. See “Comprehensive sign program.”

Sign, Real Estate. See EMC 17.42.020.

Sign, Wall. See EMC 17.42.020.

Sign, Window. See EMC 17.42.020.

Site Design. The design of a site refers to:

1. Street alignments, grades and widths;

2. Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3. Location and size of all required easements and rights-of-way;

4. Fire roads and firebreaks;

5. Lot size and configuration;

6. Traffic access;

7. Grading;

8. Land to be dedicated for park or recreational purposes; and

9. Such other specific requirements in the plan and configuration of site development as may be necessary or convenient to ensure conformity to or implementation of the general plan.

Slope, Average. See “Grade” in EMC 17.81.080.

“Small storage/utility building” means a building designed to permit the storage of personal goods and incidental household items for property no greater than 120 square feet in size and no greater than nine feet in total height or less.

Special Event Sign. See EMC 17.42.020.

“Story” means that portion of a building between any floor and the floor, ceiling or roof next above; provided, that the cellar or basement of a building shall not be deemed a story; and provided also, that any portion of a story exceeding 13 feet in height shall be deemed an additional story. (See illustration.)

“Story, half” means a story with at least two opposite exterior sides meeting a sloping roof not more than five feet above the floor of such a story.

“Storage” means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property and kept in connection with the use of the premises. “Storage” does not include any area where merchandise offered for sale is on display or where retail services are otherwise being rendered, nor does the term include any area generally accessible to persons other than the occupants who may lawfully come upon the premises.

“Street” means a public or private thoroughfare which affords principal means of access onto abutting property including avenue, place, way, drive, boulevard, highway, road, and any other thoroughfare except an alley as defined herein.

“Street frontage” means that portion of a lot or parcel, typically a property line, which is parallel to and adjoining a public street or way or access easement.

“Street line” means the boundary between a street and abutting property.

“Structure” means any improvement constructed or erected so as to project 30 inches or more above the level of the adjoining grade, including, but not limited to, buildings, retaining walls, and decks. Fences shall also be considered structures if the height of the fence is greater than six feet above the level of the adjoining existing grade. Patios, walls, and similar improvements which have a finished height less than 30 inches above the existing grade shall not be considered structures. For the purposes of computing the heights of structures and fences, the existing grade shall be the lower of:

1. The existing ground surface; or

2. The elevation of the existing grade at the time the application for construction of the structure is made.

Structure Height. See “Building height” in EMC 17.81.030.

“Studio” means a business whose activity includes the creation, display, or sale of items of art.

Subdivision Sign. See EMC 17.42.020.

“Substandard lot” means a lot existing lawfully at the time of the adoption of this title or amendment, but which does not conform to the lot area, width, access or other development standards of the applicable zoning district.

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing may be developed as a variety of housing types, including a single-family unit, multifamily development, or community care facility, and is subject to the same regulations as that housing type. For example, a supportive housing project of one single-family unit would be subject to the same standards as a single-family home.

“Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

“Swap meet” means temporary retail sale or exchange of new, handcrafted or secondhand merchandise.

“Swimming pool” means any constructed or prefabricated pool used for swimming or bathing, 24 inches or more in depth. (Ord. 573 § 6, 2018; Ord. 557 § 1 (Att. A), 2016; Ord. 527 § 11, 2010; Ord. 495 § 1, 2005)

17.81.210 “T” definitions.

“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

“Temporary fencing” means any fencing in the city not constructed of appropriate and/or durable materials, and is not secured appropriately into the ground as determined by the city planner. Temporary fencing is permitted only during active construction and is prohibited at any other time.

“Temporary structures” means structures made of pre-fabricated metal or steel or carports, erected for the parking or storage of recreational vehicles, vehicles, or vessels, constructed at a total maximum height of 15 feet, as determined and approved by the city planner.

“Temporary use” means a use of a lot, a portion of a lot, or a building for which the use is deemed to be of short duration. The duration of the temporary use shall be commensurate with the scope of the temporary use. Examples of temporary uses include the selling of Christmas trees, garage sales, and construction trailers during the construction of a building or structure.

“Tool repair, commercial” means a business whose primary activity is the repair of commercial instruments or implements used or worked by hand or machinery.

“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is considered a residential use and is subject only to the restrictions and standards that apply to other residential dwellings of the same type (e.g., single-family residence(s) or multifamily development) in the same zone.

“Trip ends” means a total count of the round trips generated by vehicles entering and leaving a property.

Triplex. See “Residential, single-family attached” in EMC 17.81.190.

“Truck depot” means a facility used exclusively for breaking down and assembling tractor-trailer transport or for parking of heavy vehicles for short periods of time. Truck depots may include fueling facilities, traffic routing offices, restaurants, wash racks, minor repair facilities and related business offices and motels.

“Truck yard” means a facility used exclusively for breaking down and assembling tractor-trailer transport or for parking of heavy vehicles for short periods of time. Truck yard does not include facilities for the loading and unloading of shipments to or from an individual business. (Ord. 584 § 5, 2020; Ord. 557 § 1 (Att. A), 2016; Ord. 527 § 11, 2010; Ord. 495 § 1, 2005)

17.81.220 “U” definitions.

“Use” means the purpose for which a lot, or a building located on a lot, is designed, arranged or intended, or for which it is or may be occupied or maintained.

Use, Accessory. See “Accessory use” in EMC 17.81.020.

Use, Nonconforming. See “Nonconforming use” in EMC 17.81.150.

“Utility substation” means a facility, operated by a public or private company whose business it is to deliver water, gas, electricity, telephone, cable television, or other public utility services which is necessary for the distribution of the service but in which the service is not produced. (Ord. 495 § 1, 2005)

17.81.230 “V” definitions.

“Visual impact” means the design, arrangement, and location of buildings or other created or natural elements of the urban environment that are sufficiently consistent in scale, character, and siting with other buildings or created or natural elements in the area, so as to avoid abrupt or severe differences. This includes materials, colors, landscaping and screening. (Ord. 495 § 1, 2005)

17.81.240 “W” definitions.

“Wall, retaining” means a structural wall designed to retain earth.

“Warehousing and storage” means a building or group of buildings in a controlled access compound that contains individual compartmentalized stalls which are rented or leased for the dead storage of customer goods or wares and which may include an on-site manager’s quarters. May also include a building or group of buildings used for storage and distribution of wholesale goods without direct public access. Warehousing and storage does not include direct sales, offices or manufacturing, assembly of goods, animal storage or the use of flammable or hazardous substances or waste.

“Water tank” means a tank, which may be constructed below grade or wholly or partially above grade in which is stored water for domestic consumption or irrigation.

“Windmill” means a mechanical device powered by the wind that is designed to generate power either for the lot on which the windmill is located or for sale.

“Winery” means an establishment that is licensed by the California Department of Alcoholic Beverage Control (“ABC”) under a Type 2 license to manufacture and sell alcoholic beverages on the premises for on-site or off-site consumption.

“Winery, micro” means an establishment that produces fermented fruit wine in quantities totaling 10,000 cases or less per year (all varieties and labels combined) that are served on site and/or sold for off-site consumption. Service and sale of wine must be in conjunction with the regulations of Alcoholic Beverage Control (ABC) and Bureau of Alcohol, Tobacco and Firearms (ATF). Service of wine may be conducted with or without the service of food. Tasting room and boutique winery are included in this definition.

“Winery, tasting room” means an establishment that is licensed by the California Department of Alcoholic Beverage Control (ABC) under a Type 2 duplicate license to sell wine products that the licensee produces for on-site and off-site consumption, including sales of sealed wine bottles for off-site consumption. Only wine produced by the master licensee may be sold and/or consumed at the location.

“Work camp” means land or premises which is used or intended to be used, let, or rented for occupancy by agricultural workers. (Ord. 582 § 7, 2020; Ord. 495 § 1, 2005)

17.81.250 “X” definitions.

Reserved. (Ord. 495 § 1, 2005)

17.81.260 “Y” definitions.

“Yard” means an open space other than a court on the same lot with a building which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this title. In measuring a yard, as hereinafter provided, the line of a building means a line parallel to the nearest lot line drawn through the point of a building nearest to such lot line, exclusive of the respective architectural features enumerated in this title is not to be considered in measuring yard dimensions or as being permitted to extend into any front or rear yard. (See illustration.)

“Yard, front” means a yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest line of the building; provided, that if any official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such official plan line to the nearest line of the building. (See illustration.)

“Yard, rear” means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. (See illustration.)

“Yard, side” means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. (See illustration.) (Ord. 495 § 1, 2005)

17.81.270 “Z” definitions.

“Zoning ordinance” means the zoning ordinance of the City of Escalon as contained in EMC Title 17. (Ord. 495 § 1, 2005)