ARTICLE II. DEFINITIONS

30.2.10 Word construction.

Words used in the present tense include the future; words in the masculine include the feminine; words in the singular number include the plural; and words in the plural number include the singular. The word “building” includes the word “structure”; and the word “shall” is mandatory and not directory. The term “city council” shall mean the city council of the City of Gilroy, California; the term “planning commission” shall mean the planning commission of the City of Gilroy, California, and the word “city” shall mean the incorporated area of the City of Gilroy. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.2.20 Definitions.

For the purpose of this chapter certain terms used herein are defined as follows:

“Abandoned sign” means a sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term is used in the law of California.

“Abutting” means land having a common property line or district boundary line or separated only by a private street, alley or easement.

“Accessory building (or structure)” means buildings, both permanent and temporary, excluding accessory dwelling units as defined in this section, which are:

(a) Located on the same lot as the principal building or use;

(b) Subordinate to and serve a principal building or principal use;

(c) Subordinate in area, extent, or purpose to the principal building or principal use; and

(d) Contribute to the comfort, convenience, or necessity of occupants of the principal building or principal use.

“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and food preparation area (which may include countertop appliances), and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An “accessory dwelling unit” also includes the following:

(a) An efficiency unit, as defined in California Health and Safety Code Section 17958.1.

(b) A manufactured home, as defined in California Health and Safety Code Section 18007.

“Advertising” means any announcement, description or presentation calling public attention to goods or services offered for sale.

“Agency” means an office or commercial establishment in which goods, material or equipment is received for servicing, treatment or processing elsewhere.

“Agent of owner” means a person who can show written proof of authorization to act for a property owner.

“Agriculture” means farming, dairying, pasturage, apiaries, horticulture, floriculture, viticulture and animal or poultry husbandry, but not including the commercial feeding of garbage or offal to swine or other animals.

“Alley” means a public access driveway or lane not exceeding thirty (30) feet in width which provides only a secondary means of access to abutting property.

“Ancillary use” means a use which is:

(a) Subordinate to and serves a principal use;

(b) Subordinate in area, extent or purpose to the principal use;

(c) Part of a single business for commercial and industrial uses;

(d) Contributing to the comfort, convenience or necessity of occupants of the principal use; and

(e) Located on the same lot as the principal use.

“Animal hospital” means a facility providing medical care for small and/or large animals which includes boarding the animals two (2) or more days.

“Animal husbandry” means the care and breeding of domestic farm animals such as cattle, hogs, sheep, and horses.

“Antenna” means a “conductor” erected for the transmission and/or reception of radio, television or other electromagnetic microwave signals.

“Apartment house” means any building or portion thereof which is designed and built for rental occupancy by three (3) or more households.

“Arcade” means any public place of amusement or public place of business in which five (5) or more mechanical amusement devices are installed, and includes any place open to the public, whether or not the primary use of the premises is devoted to the operation of such amusement devices.

“Attached sign” means a sign which is affixed to and made an integral part of a building or structure. Attached signs include wall signs, roof signs, and projecting signs, to distinguish them from freestanding and monument signs.

“Average slope” means the mean slope in the elevation of an area of land, determined by the formula:

S =	.00229 I L	where
	A

S = Average percentage slope.

I = Contour interval in feet.

L = Summation of individual contour lengths in scale feet.

A = Gross area of property in acres.

“Awning” means a shelter, projecting over a property, supported entirely from the exterior wall of a building and composed of a collapsible frame covered completely with nonrigid material.

“Bank” means financial institutions including federally chartered banks, savings and loan associations, industrial loan companies, and credit unions providing retail banking services to individuals and businesses. This classification of bank does not include payday lending businesses or check cashing businesses, and as a result, the establishment, expansion, or relocation of such businesses is prohibited. The term “payday lending business” as used herein means retail businesses owned or operated by a “licensee” who offers, originates, or makes a deferred deposit transaction, as that term is defined in California Financial Code section 23001(d), as amended from time to time. The term “check cashing business” as used herein means a retail business owned or operated by a “check casher” as that term is defined in California Civil Code section 1789.31 as amended from time to time.

“Banner” means a temporary advertising display consisting of fabric, canvas, plastic or paper material, which is attached to a building.

“Bar” means an establishment or part of an establishment used primarily for the sale of alcoholic beverages to be consumed on the premises.

“Basement” means a usable space within a building, partly or wholly underground, and having more than one-half (1/2) of its height, measured from its floor to its finished ceiling, below the average adjoining grade. (See also “Story.”)

“Bed and breakfast establishment” means a residential structure, used as a lodging establishment in which the manager is an occupant in the structure and receives compensation in exchange for providing overnight sleeping accommodations which contain no cooking facilities, on a less than weekly basis, and in which breakfast is included as part of the basic compensation.

“Billboard” means a sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than on the parcel where the sign is erected. Included are signs erected upon benches.

“Block” means the area consisting of all property abutting one (1) side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead-end street, city boundary or undivided acreage.

“Boarding house” means a building or portion thereof, other than a hotel, where lodging for three (3) or more persons is provided for compensation or profit.

“Building” means a structure having a roof supported by columns and/or walls and intended for the housing or shelter of any persons, animals or property.

“Building coverage” means the land area covered by all of the main and accessory buildings on a lot, including all projections except eaves, and including enclosed drive-up areas, patios and porches, measured from the support posts.

“Building height” means the vertical distance measured from the average finished soil grade at the base of any exterior wall to the highest point of the roof, ridge, or parapet wall.

“Building site” means the land area of a lot which may be occupied by the permitted main building.

“Build-out schedule” means the maximum number of dwelling units assigned to each residential development project for which building permits may be issued each calendar year. The total of all assigned build-out schedules, for each year, shall not exceed the numerical limit set by city council resolution for that calendar year.

“Bulletin board” means a sign located on the same premises and used solely in connection with activities of a church, school, hospital, or public building, and allowing changeable messages.

“Business” means a commercial entity operating in the City of Gilroy with an approved business license.

“Business frontage” means the portion of a building which faces and has access to a street, parking lot, pedestrian mall, or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom. If a building has more than one (1) business frontage with a customer entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise stated, the phrase “business frontage” means “primary business frontage.” All other business frontage is secondary frontage.

“Card rooms” means an establishment where legal gambling is conducted and regulated pursuant to City of Gilroy ordinances.

“Caretaker’s quarters (or residence)” means a nonrental residential unit built as part of a commercial or industrial use for the sole purpose of providing shelter for an employee, caretaker, or security personnel for the commercial or industrial use.

“Carport” means a shelter for one (1) or more automobiles which is not enclosed on at least two (2) sides by walls and doors.

“City council” means the elected city council of the City of Gilroy.

Clinic. See “Medical or dental office/clinic.”

“Clustering” means the practice of grouping residential units within a close proximity, and utilizing the surplus land thus saved for common open space, landscaping, recreations, etc.

“Combining district” means a zoning district within which certain regulations and requirements apply in addition to, and in combination with, regulations and requirements of the base zoning district.

“Commercial marijuana activity” has the same meaning as “commercial cannabis activity” as provided in California Business and Professions Code Section 26001(k) as may be amended, and means and includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of marijuana or marijuana products. “Commercial marijuana activity” also includes the activities of any business or nonprofit licensees by the state or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code.

“Common open space” means the area generally used for landscaping and/or recreation which is held in joint ownership by all of the owners of a condominium development and which is jointly maintained by the owners.

“Competitive evaluation” means the process of comparing the project rating scale point rating of projects in order to determine priority in receiving yearly allocation of dwelling units.

“Condominium” means a distinct unit, under separate ownership, which is a portion of a multiple-unit building or development in which such ownership includes an interest in common areas. Condominium units may have one (1) or more common walls with other units.

“Conservation land” means land which possesses or encompasses natural resources. This includes, but is not limited to, streams, watersheds, groundwater recharge, soils, wildlife habitat as defined herein, special land forms and natural vegetation.

“Construction sign” means a sign located on a construction site during the course of construction, which identifies the architects, engineer, contractors, financiers or other persons and other individuals or firms involved with the construction, or announcing the building, enterprise or function for which the construction is intended.

“Corner lot” means a lot bounded on two (2) or more contiguous sides by city streets.

“Corner triangle” means a triangular-shaped area bounded by corner property lines and a line connecting those lines from points thereon which lie twenty (20) feet from the intersection of the projected property lines.

“Corporate office” means an office complex designed as the headquarters of a commercial or industrial corporation.

“Dance area” is defined, for large and medium dance venues, to include the area designated as the dance floor area on the floor plan submitted with the application for a public dance permit to the police department or with the applications for a downtown special use permit submitted to the community development department.

“Dance venue, large” means a venue where public dancing occurs in which the dance is larger than four hundred forty-one (441) square feet or twenty-five percent (25%) of the public access floor area.

“Dance venue, medium” means a venue where the dance floor area is up to twenty-five percent (25%) of the public access floor area; however, in no case is it larger than four hundred forty-one (441) square feet. The use shall be associated with a full service restaurant or theater with hot food available at all times the establishment is open.

“Dance venue, small” means a venue where occasional, spontaneous public dancing occurs in which the area of spontaneous dancing and the performance area combined is less than one hundred fifty (150) square feet, and the dancing is not advertised and entertainment is incidental to the approved use.

“Day care center” means a facility in which the primary use is the provision of childcare services in accordance with the regulations of the State of California.

“Deck” means a structure, usually of wood, built to extend the finished floor surface of a building into outdoor areas (reference section 30.39.40).

“Dish antenna” means an antenna which has a solid, mesh, or nearly solid surface area greater than five (5) square feet.

“Double-faced sign” means a sign designed to be viewed from two (2) directions and which at no point is thicker than twenty-four (24) inches measured from the exterior surface of each face. The two (2) faces of a double-faced sign are either parallel or the angle between them is thirty (30) degrees or less.

“Drive-in” means an enterprise or business activity or other use of land consisting of sales or service activity rendered to patrons who normally receive the products or services while in automobiles upon the premises, including, but not limited to, automobile service stations, drive-in restaurants and drive-up banks.

“Duplex” means a building designed for and intended to be occupied as living quarters by two (2) families living independently of each other.

“Dwelling” or “dwelling unit” means a building or mobile home designed for and/or occupied as a residence by one (1) or more families.

“Dwelling group” means a group of two (2) or more detached residential buildings occupying a parcel of land in one (1) ownership.

“Educational facility” means colleges, universities, tutoring centers, and vocational or trade schools for adults or minors. This definition excludes kindergartens, elementary schools, junior high schools, senior high schools, or special institutions of learning under the jurisdiction of the State Department of Education, which are defined by this chapter as schools.

“Emergency bridge housing” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of Government Code Section 8698.3(h) that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.

“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of one hundred eighty (180) days per calendar year or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. The definition of “emergency shelter” includes other interim interventions, including, but not limited to, a navigation center, emergency bridge housing, and respite or recuperative care.

“Entity” means a person or distinct business enterprise. Where adjacent business enterprises are owned or operated by a single person, each enterprise is an entity.

“Environmental assessment” means the process of determining the impact of proposed projects on the environment. The review process is carried out in accordance with the California Environmental Quality Act and city guidelines.

“Erect” means to build, construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, affix or maintain a sign or other structure.

“Family” means one (1) or more persons, occupying premises and living together as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity, or sorority.

“Family day care home” means a home that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider’s own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away.

“Fascia” means a flat horizontal band with a vertical face located on a building below the roofline.

“Fence” or “wall” means any structure made of wood, metal, masonry, shrubbery or other material forming a physical barrier which supports no load other than its own weight and which is designed to delineate, screen or enclose a field, yard, lot or other land area.

“Fence height” means:

(a) Fences in the front setback area: the vertical distance from the top of the curb closest to the fence or wall to the top of the fence or wall.

(b) All other fences: the difference in elevation of the ground surface continuously along the base of the ground level of the higher side of the fence to the top of the fence. Where a fence is erected on top or within three (3) feet of a retaining wall, the height of the fence shall include the retaining wall.

“Freestanding sign” means a sign which is wholly or partly supported by a structural element which is not an integral part of a building.

“Freeway” means a limited access highway, as defined in the California Streets and Highways Code.

“Front lot line” means the property line along a lot’s street frontage. If any official plan line has been established for the street upon which the lot fronts, the official plan line shall be considered the front lot line. For developed lots with more than one (1) street frontage, the street frontage towards which the main building fronts shall be considered the front lot line, except if the main building was clearly constructed under reverse conditions. If the lot is vacant, the shortest street frontage shall be considered the front lot line.

“Front yard” means the required setback area extending across the front of the lot between the side yard lines and measured from the front lot line to the front setback line.

“Garage—commercial” means a building designed or used on a commercial basis for the temporary storage of operable motor vehicles.

“Garage—residential” means an attached or detached accessory building used for the storage of vehicles or trailers by the families who reside upon the premises, including any covered parking space or carport.

“Gross floor area outside of the downtown specific plan area” means the sum of all of the areas of all levels or stories of a structure as measured from the exterior faces of the walls enclosing the structure.

“Gross floor area within the downtown specific plan area” means the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating adjacent buildings. Gross floor area does not include parking areas, basements where at least one-half (1/2) of the floor-to-ceiling height is below grade, attic space having a floor-to-ceiling height less than seven (7) feet, open stairways, walkways, porches and balconies, and common areas not served by heating and/or air conditioning.

“Hedge” means plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier. For the purpose of this chapter, a hedge is a fence.

“Home occupation” means a business activity conducted entirely within or from an enclosed dwelling.

“Hospital” means a facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an in-patient basis, including facilities for outpatient and emergency treatment, diagnostic services, training, research and administration, and services to patients, employees or visitors.

“Hotel” means any building, portion of a building, or group of buildings containing guest rooms which is designed, used, or intended for use for the accommodation of transients on a commercial basis.

“Identification sign” means a sign which is limited to the name and address of a business, institution or person and to the activity or product carried on in the business or institution or the occupation of the person.

“Interior lot” means any lot other than a corner lot.

“Junior accessory dwelling unit” means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

“Key lot” means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

“Laundromat” means a place where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron.

“Liquor/alcohol sales/bars (on-site consumption)” means an area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

“Lot” means a parcel of land under one (1) ownership used or capable of being used under the regulations of this chapter, and including all required yards and other open spaces.

“Lot area” means the computed area contained within the lot lines of a parcel as recorded under a record of survey map, approved as provided in the Subdivision Map Act, except that the access strip of a flag lot shall be excluded in the computation of required lot area.

“Lot coverage” means that portion of a lot covered by all main and accessory buildings on the lot.

“Lot depth” means the average distance from the front lot line to the rear lot line.

“Main building” means the largest building on a lot in which the principal land use of the lot takes place.

“Manufactured housing” means housing which was structurally assembled in a remote location and transported to its eventual site.

“Marijuana” means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term “marijuana” shall also include “medical marijuana” as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of the California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

“Marijuana cultivation” means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana, regardless of whether there is an intent to produce, distribute, or sell the resulting product commercially.

“Marijuana delivery” has the same meaning as “delivery” as provided in California Business and Professions Code Section 26001(p) as may be amended, and includes the commercial transfer of marijuana or marijuana products to a customer. Marijuana delivery also includes the use by a retailer of any technology platform, whether owned or controlled by the retailer or independently licensed, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

“Marijuana dispensary” or “marijuana dispensaries” means any business, office, store, facility, location, retail or wholesale component of any establishment, cooperative or collective that delivers (as delivery is defined in Business and Professions Code Section 26001(p) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of the California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act), or otherwise engages in any commercial marijuana activity.

“Marijuana processing” means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.

“Marquee” means a temporary or permanent roofed structure usually projecting above an outer door and attached to or supported by a building, which is designed for use as a reader board sign.

“Master plan” means the development plan for a project submitted under a planned unit development (PUD) process, with completed CEQA (California Environmental Quality Act) analysis, reviewed by the planning commission and adopted by the city council.

“Mechanical amusement device” means any machine, device, apparatus or other instrument (including, but not limited to, electronic games, marble games and pinball games) the operation of which is permitted, by the payment of any fee or fees for its use, and the use or possession of which is not prohibited by any laws of the State of California.

“Medical marijuana collective” or “cooperative or collective” means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of the California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

“Medical or dental office/clinic” means a facility, other than a hospital, that provides professional medical services, consultation, diagnosis and treatment of clients on an outpatient basis. This may include a group practice in which several physicians work cooperatively, and/or educational aspects such as medical instruction and/or training as well as house a laboratory, radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses.

“Membrane accessory structure” means an accessory structure covered by a thin, soft, or pliable sheet or layer, such as canvas, plastic, metal, or fabric.

“Mobile home” means a type of manufactured housing, designed or used for residential occupancy, built upon or having a frame or chassis to which wheels may be attached by which it may be transported, whether or not such structure actually has, at any given time, such wheels attached. Mobile homes do not include recreational vehicles, trailers, or commercial coaches.

“Monument sign” means a low-profile, freestanding sign seven (7) feet or less in height.

“Motel” means a building or group of buildings on the same lot, containing guest rooms, used or designed for use for the accommodation of transients on a commercial basis, which are independently accessible from the outside. The term includes any building or building groups designated as an auto court, motor lodge, or tourist court.

“Motor home” means a self-powered vehicle designed, equipped or used as a dwelling or for living or for sleeping purposes.

Multifaced Sign. A “multifaced sign” is a sign, including advertising statuary, which has four (4) or more faces and which is designed to be viewed from more than two (2) directions.

“Multiple-family building” means a building or structure designed and intended to be occupied as living quarters by three (3) or more families, living independently of each other.

“Museum” means a building, place, or institution devoted to the procurement, care, study, and display of objects of lasting interest or value.

“Navigation center” means housing first, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

“Neighborhood recreational facility” means a land use designed to provide recreational, aesthetic, ornamental, horticultural (e.g., community gardens) or childcare services to local residents at a neighborhood scale.

“Nonconforming building” means a building or structure or portion thereof lawfully existing on the effective date of the ordinance codified in this chapter which does not conform to the property development standards of this chapter for the zoning district in which it is located.

“Nonconforming lot” means a lot existing on the effective date of the ordinance codified in this chapter or amendment to the ordinance codified in this chapter that does not conform to the lot requirements of this chapter.

“Nonconforming sign” means a sign which was lawfully erected but does not comply with this chapter due to annexation of the property to the city, or amendment to the Zoning Ordinance or map by a person other than the owner of the real property on which the sign is erected. This definition does not include signs which were lawfully erected but which do not comply with this chapter due to division of real property on which the sign is erected, alterations to any building on the parcel where the sign is located or rezoning by the owner of the real property where the sign is located.

“Nonconforming uses” means a utilization or occupancy of any site lawfully utilized or occupied on the effective date of the ordinance codified in this chapter or amendment to the ordinance codified in this chapter which is not a permitted use for the district in which it is located, according to this chapter.

“Numerical limit” means the total number of dwelling units for residential development projects not exempted by section 30.50.60(b)(2) for which building permits may be issued within the city during a given calendar year. The numerical limit is set by resolution of the city council.

“Off-site sign” means a sign, such as a billboard, which is not located on the same parcel of land as the entity or product it advertises.

“Office” means uses that predominantly sell professional and/or business services. The contact with the general public is not as frequent as with retail businesses or personal services, and a significant portion of the business may take place at other locations. Examples include banks, law offices, accountants, advertising, and computer support.

“Open space” means any parcel or area of land essentially unimproved or in its natural state and which is designated in the general plan for and devoted to an open space use including, but not limited to, public recreation, enjoyment of scenic beauty, conservation or use of natural resources, production of food or fiber, protection of man and his artifacts, buildings or property because of environmentally hazardous areas, containment and structuring of urban development, and preservation of historical sites.

Park. See “Public park.”

“Parking lot” means an area of land, a yard, or other space on a lot legally used for and designed for access and parking by standard, and operable, motor vehicles. This definition excludes land used for display, rental or storage of operable or inoperable vehicles.

“Parking space” means land or space which is owned, paved, laid out for, and used or designed to be used for a standing vehicle.

“Person” shall mean any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county, city and county, municipality, district, joint powers authority or other political subdivision, or any other group or combination acting as a unit.

“Personal services” means commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), and self service laundries.

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

“Planning manager” means the person employed by the city as head of the planning division of the City of Gilroy. The planning manager also serves as zoning administrator and secretary of the planning commission.

“Political sign” means a sign which is intended to influence the vote for the passage or defeat of a measure, or nomination, election or defeat of a candidate in any governmental election.

“Portable sign” means a sign which is movable, not structurally attached to the ground, nor attached to a building. Such sign may or may not be in the configuration of an “A.”

“Project rating scale” means a measuring device, composed of a number of general and specific rating criteria relating to project design, location, and other characteristics, used for assigning point ratings to proposed residential projects.

“Projecting sign” means a sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall.

“Promoter” means any person who is directly or indirectly responsible for the promotion of the public dance as evidenced by activities such as, but not limited to, contracting with the principals, selecting entertainment, advertising or otherwise holding out the event to members of the general public, inviting participants to the event, renting or controlling the event site, or serving as a designated on-site representative while the public dance is occurring.

“Public access floor area” means the combined area within a single venue in which public dancing occurs that includes seating areas, stage, dance floor, dining areas, bar areas, reception areas, and foyers, but does not include kitchens, restrooms, storage areas, food preparation areas and busing areas.

“Public dancing” means dancing that occurs by persons (other than performers) in or upon any premises that members of the general public are admitted to, during any planned or unplanned event, as either the main purpose of the event or as incident to some other purpose, with or without payment of a fee, charge or other consideration.

“Public park” means a park, playground, swimming pool, or athletic field within the City of Gilroy which is under the control, operation, or management of the city or county parks and recreation department or the Gilroy unified school district.

“Reader board sign” means a sign which is designed for manual or electrical changing of copy.

“Realty sign” means a sign of a temporary nature which pertains to the sale, lease, rental, or display of existing lots or buildings or other facilities.

“Rear yard” means the required setback area extending across the full width of the lot and measured between the rear lot line and the rear setback line.

“Recreational vehicle” means a vehicular unit not exceeding forty (40) feet in overall length, eight (8) feet in width, or twelve (12) feet in overall height, primarily designed as temporary living quarters for recreational, camping or travel use. Such a vehicle either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes motor homes, truck campers over seven (7) feet in height, travel trailers and camping trailers, but not vans or trucks with campers less than seven (7) feet in height.

“Religious institution” means a building which is used primarily for religious worship and/or related religious activities.

“Residential care home” means a resident-occupied dwelling, licensed by the state/county; in which children and/or adults are cared for on a full-time, live-in basis.

“Residential project” means a development project which will result in the construction of new dwelling units in the city. Residential projects include single-family, multiple-family, mobile home and condominium dwelling units. Such projects may or may not involve the subdivision of land.

“Retaining wall” means a wall designed to contain soil on one (1) side of the wall which is at a higher elevation than that on the other side of the wall.

“Ridgeline” means the highest point along the crest of a hillside from which the contours descend in at least two (2) directions.

“Roof sign” means an attached sign erected on a roof or projecting above the eave or rake of a building or coping of a parapet. A sign erected on top of a canopy, covered passageway, awning or marquee shall be considered a roof sign.

“Scenic land” means any area of land or water with natural scenery considered to have beauty as designated in the general plan.

“School” means an institution of learning for minors, whether public or private, which satisfies compulsory education laws of the State of California and/or offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

“Setback line” means a line established by this chapter to govern the placement of a building or a structure with respect to its lot boundary lines.

“Side yard” means the required side setback area between the side lot line and the side setback line, and extending from the front lot line to the rear lot line.

“Sign” means any writing, pictorial, representative, symbol, registered trademark, flag (other than the United States or California flags) or any similar figure used to identify, announce, direct attention, or advertise or communicate, together with any material or color forming an integral part of the display or used to differentiate the sign from the background, which is located on private or public property and is visible from outside a building. Includes all parts, portions, units and materials, together with frames, delineated background, structure, support or anchorage for same, which is temporarily or permanently placed, erected, constructed, posted, painted, tacked, nailed, glued, carved, hung, strung or otherwise fastened or affixed to the ground or to any post, fence, building structure, wall, roof or tree.

“Sign area” means the entire area within a single continuous perimeter of not more than eight (8) straight lines forming right angles enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display, or used to differentiate such sign from the background against which it is placed. The supports, uprights or structure on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are or is designed in such a manner as to form an integral background of the display. In computing maximum permissible sign area, all signs designed or likely to be seen from off the premises upon which the signs are located or proposed to be located shall be included in determining conformance with this chapter. For three (3) dimensional signs, the sign area of one (1) side, and the sign area of the side perpendicular to the first side, are calculated in the manner prescribed above, and combined to become the total sign area.

“Sign height” means the vertical distance from the soil level of the surrounding area to the highest point of the sign or any vertical projection.

“Sign value” means valuation of a particular sign as stated on the sign permit application. If this information is not available, or if evidence satisfactory to the planning director demonstrates that the stated value is erroneous, then the valuation of that sign shall be arrived at by the planning director who shall consider the evidence submitted and compare the particular sign with one (1) or more existing signs in the city of similar age and construction.

“Single-family dwelling” means a building or portion of a building designed for occupancy by one (1) family constituting a single housekeeping unit having only one (1) kitchen, but not including a boarding house, motel or hotel.

“Slope-density” means a system under which residential densities are determined by a formula based on the average slope of the contours of the area. (See “Average slope.”)

“Solar energy system” means any structural design feature, solar collector or other energy device, the primary function of which is to provide for the collection, storage or distribution of solar energy.

“Sound wall fence” means a wall fence, constructed of materials such as concrete block, brick, stone, concrete, steel or stucco, designed to reduce the level of nearby sounds.

“Specific plan” means a project implementing the City of Gilroy’s general plan for all or part of an area covered by the general plan, processed pursuant to the state laws governing specific plans which are set forth in California Government Code Section 65450 et seq., reviewed by the planning commission review and adopted by the city council.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof thereof. For any finished floor level which is more than six (6) feet above grade for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade at any point, the space directly below shall be considered a story.

“Street” means a public or permanent private right-of-way, thirty (30) feet or more in width, which affords a primary means of access to property.

“Street frontage” means the length of a site along or fronting on a street or other principal thoroughfare but not including such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway.

“Structural alteration” means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joists or roof rafters.

“Structure” means anything constructed or erected upon the ground or attached to such construction having location on the ground, but excluding swimming pools and uncovered paved areas such as patios and parking lots.

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population and that is linked to on- 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. [Health and Safety Code Section 50675.2(h)]

“Target population” means adults with low income having one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. [Health and Safety Code Section 53260(d)]

“Temporary business establishment” means an activity involving the sale or display of merchandise in the open, in a vehicle, or in a temporary building or structure, or for a limited time in a permanent building or structure.

“Temporary sign” means a sign, usually constructed of light materials, displayed for thirty (30) days or less.

“Townhouse” means a condominium dwelling unit which is the sole dwelling unit on a separate parcel of land, with no dwelling units above or below it.

“Trailer” means a vehicle without motive power not exceeding forty (40) feet in overall length, eight (8) feet in width, or twelve (12) feet in overall height, including a boat mounted on a trailer, designed so that it can be drawn by a motor vehicle, to be used for the carrying of boats, persons, cargo or animals.

“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months and shall not exceed two (2) years. [Health and Safety Code Sections 50675.2(h) and 50801(i)]

“Triple-faced sign” means a three (3) sided sign designed to be viewed from more than two (2) directions, and which forms a triangular shape.

“Truck stop” means a facility used for the fueling and short-term parking of tractor-trailer transport vehicles. Truck stops may include related fueling facilities, weigh stations, traffic routing offices, temporary truck storage areas, restaurants, wash racks, minor repair facilities and related business offices and motels.

“Use” means the purpose, for which land or a building is occupied or maintained, let or leased.

“Veterinarian office” means an office providing medical care for small animals where the animal holding facilities are totally enclosed and the animals are boarded overnight only.

“Veterinary hospital” means a facility providing medical care for domestic pets such as dogs, cats, reptiles, birds and similar animals which may include boarding the animals two (2) or more days. This definition excludes domestic farm animals such as cattle, hogs, sheep, and horses.

“Vocational school” means a commercial land use that involves the instruction to students of special skills, knowledge, or techniques that are generally related to furthering a specific vocation or professional occupation. Vocational schools include trade schools, business schools, cosmetology schools and schools for self-improvement.

“Wall sign” means a sign erected on a wall or fascia of a building or structure (other than a structure whose main purpose is to support a sign), the face of which is parallel to the wall or fascia and all of which is below the coping of the parapet, the top of the fascia, the eave line or below the top of the wall on which it is mounted. A sign which meets the definition of this paragraph, but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign.

“Waste material handling facility” means an area of one hundred (100) square feet or more, including wrecking yards, used for the storage or dismantling of junk, scrap metals, materials salvaged from wrecked or demolished buildings, automobiles, machinery or equipment.

“Wildlife habitat” means any area of land or water valuable or necessary for the preservation or enhancement of wildlife resources.

“Window” means an opening constructed in a wall that functions to admit light or air to an enclosed structure, and is often framed and spanned with glass mounted to permit opening and closing. Mullions may be present, decoratively or structurally, as part of a mullioned window.

“Window sign” means a sign which is displayed on or located behind and within one (1) foot of a window (not including a glass entry door), and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public.

“Wire mesh fencing” means fence material which derives its strength from metal strands crossing in a regular pattern, including, but not limited to, those materials known as chain link or chicken wire, but does not include ornamental wrought iron fencing.

Zoning Administrator. See “Planning manager.” (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2014-01, § 1, 1-27-14; Ord. No. 2014-06, § 1, 5-5-14; Ord. No. 2015-01, § 3, 5-4-15; Ord. No. 2016-01, § 2, 1-25-16; Ord. No. 2017-06, §§ 1, 2, 11-20-17; Ord. No. 2017-07, §§ 1, 2, 12-4-17; Ord. No. 2018-02, §§ 2, 3, 1-8-18; Ord. No. 2019-08, §§ 2, 3, 10-7-19; Ord. No. 2020-03, § 2, 7-6-20; Ord. No. 2023-04, § 2, 5-15-23)