DIVISION VI. ZONING DEFINITIONS
Chapter 17.98
DEFINITIONS
Sections:
17.98.010 Applicability:
The purpose of this chapter is to provide definitions of the terms and phrases used in this title that are technical or specialized in an effort to ensure consistency in interpretation of this title. Where any definition in this chapter may conflict with definitions in other titles of this code, these definitions shall prevail for the purposes of this title. If a word is not defined in this chapter, or in other provisions of this code, the most common dictionary definition is presumed to apply. (Ord. 473 §3, 2007)
17.98.020 Terms Defined:
The following terms are used throughout this title and shall have the following definitions:
"Accessory horse keeping" shall mean the keeping and use of horses, llamas, alpacas, and/or ponies, and similar uses, on a parcel where such keeping and use is not the principal use of the parcel. The number of horses is controlled by each zoning district, where the term "horses" shall include horses, mules, and donkeys.
"Accessory retail" shall mean the retail sales of various products (including food service) in a store or similar facility that is located within a healthcare, hotel, office, industrial, or institutionai complex. These uses include pharmacies, gift shops, and food service establishments within hospitals; gift shops, convenience stores and food service establishments within hotel, office, industrial, and institutional complexes. This use category also includes retail associated with commercial and industrial uses for the products sold, distributed or manufactured on site. Such retail area shall not exceed twenty five percent (25%) of the facility’s total square footage.
"Accessory structure (attached)’ shall mean an attached accessory structure which is either entirely enclosed by walls and a solid roof or is partially enclosed with a solid roof that is structurally attached to a primary structure. This classification of accessory structures includes garages, greenhouses, poolhouses, sunrooms, workshops, storage sheds, barns and other agricultural outbuildings, as well as carports, patio covers, gazebos, stables and other agricultural outbuildings with solid roof construction.
"Accessory structure (detached), enclosed and/or solid roofed" shall mean a detached accessory structure which is either entirely enclosed by walls and a solid roof or is partially enclosed with a solid roof that is not structurally attached to a primary structure. This classification of accessory structures includes garages, greenhouses, poolhouses, sunrooms, workshops, storage sheds, barns and other agricultural outbuildings, as well as carports, patio covers, gazebos, stables and other agricultural outbuildings with solid roof construction.
"Accessory uses" shall mean related uses necessary, or incidental, appropriate and subordinate to the operation and enjoyment of the principal use of the parcel or structure on which such use is authorized by zoning district regulations and as otherwise stated herein. Accessory uses are permanent or long term in nature, distinct from the temporary use regulations of chapter 17.92, "Temporary Uses", of this title.
"Adult arcade" shall mean any commercial establishment to which the public is permitted or invited wherein coin operated, slug operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, computer, or other image producing devices are maintained to show images to four (4) or fewer persons per machine at anyone time, and where, as a regular and substantial course of conduct, the images so displayed are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas. The phrase "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
A. The proportion of the business’ displays that are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
B. The proportion of the business’ revenue that is attributable to displays that are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
"Adult bookstore (including adult novelty store or adult video store)" shall mean a commercial establishment which, as a regular and substantial course of conduct, offers for sale or rental for any form of consideration anyone or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, any material in digital format (including, but not limited to, compact disc [CD] or digital video disc [DVD)), slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas; or
B. Instruments, devices, or paraphernalia, except for clothing, which are designed for use in connection with specified sexual activities.
C. The phrase "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
1. The business devotes more than twenty five percent (25%) of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.
2. The business devotes more than twenty five percent (25%) of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.
3. The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas exceeds twenty five percent (25%) of the total retail value of inventory offered in each of the following categories: a) books, b) magazines, c) videotapes or any material in digital format (including, but not limited to, compact disc [CD] or digital video disc [DVD]), for sale or rental, d) novelties and devices, and e) on premises viewing of images, films, and/or videos.
4. Gross revenue derived from merchandise in any category set forth in subsection C3 of this definition exceeds twenty five percent (25%) of the total gross revenue for the category. There is a rebuttable presumption that a business constitutes an adult bookstore, adult novelty store or adult video store where the business: a) offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas as set forth in subsection C3 of this definition and b) fails to make revenue and inventory related business records available to the city upon twenty four (24) hours’ advance notice.
"Adult cabaret" shall mean a nightclub, bar, restaurant, or similar commercial establishment which, as a regular and substantial course of conduct, features:
A. Persons who appear in a state of nudity or seminude condition; or
B. Live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, videocassettes, any material in digital format (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
D. The phrase "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
1. The proportion of the business’ performances or services that is distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
2. The proportion of the business’ revenue that is attributable to performances or services that are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
"Adult daycare facility" shall mean a state licensed facility that provides nonmedical care and supervision for more than six (6) adults for periods of less than twenty four (24) hours, with no overnight stays.
"Adult daycare home" shall mean, pursuant to definitions of state law, a home which provides supervision and nonmedical care to six (6) or fewer adults, including elderly persons, in the provider’s own residence, on a less than twenty four (24) hour basis. Homes serving more than six (6) adults are included in "adult daycare facility".
"Adult motel (including adult hotel)" shall mean a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, any materials in digital format (including, but not limited to, compact disc [CD) or digital video disc [DVD), slides, or other photographic reproductions which, as a regular and substantial course of conduct, are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas; and has any of the following characteristics:
A. A sign visible from the public right of way which advertises the availability of the above described photographic reproductions;
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
"Adult motion picture theater" shall mean a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, any materials in digital format (including, but not limited to, compact disc [CD) or digital video disc [DVD)), slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, for observation by five (5) or more patrons at anyone time. The phrase "regularly shown" shall be construed with reference to all relevant factors, including, but not limited to, the following:
A. The proportion of the theater’s photographic reproductions that are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
B. The number of photographic reproductions shown at the theater each month that are distinguished or characterized by an emphasis upon depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
C. The proportion of the business’ revenue that is attributable to entertainment that is distinguished or characterized by an emphasis upon the display or depiction of specified sexual activities or specified anatomical areas.
"Adult oriented businesses" shall mean any of the following commercial establishments where patrons are permitted or invited: an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
"Adult theater" shall mean a theater, concert hall, auditorium, or similar commercial establishment which as a regular and substantial course of conduct features persons who appear in a state of nudity or seminude condition and/or features live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or by specified sexual activities. The phrase "regular and substantial course of conduct" shall be construed with reference to all relevant factors, including, but not limited to, the following:
A. The proportion of the business’ performances or services that are distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
B. The proportion of the business’ revenue that is attributable to entertainment that is distinguished or characterized by an emphasis upon the depiction, description, showing, or simulation of specified sexual activities or specified anatomical areas.
"Affordable rent" shall mean monthly housing expenses, including a reasonable allowance for utilities (30 percent of gross monthly income), for rental inclusionary units reserved for very low or low income households, not exceeding the following calculations:
A. Very low income: Fifty percent (50%) of the area median income for Monterey County, adjusted for household size, multiplied by thirty percent (30%), and divided by twelve (12);
B. Low income: Sixty percent (60%) of the area median income for Monterey County, adjusted for household size, multiplied by thirty percent (30%), and divided by twelve (12).
"Affordable sales price" shall mean a sales price at which a low or moderate income household can qualify for the purchase of an inclusionary unit, calculated on the basis of underwriting standards of mortgage financing available for the development.
"Agricultural products processing" shall mean the act of changing an agricultural crop, subsequent to its harvest in order to prepare it for market or for further processing.
"Alcoholic beverage sales" shall mean the retail sale of beer, wine, and/or other alcoholic beverages for on or off premises consumption.
"Ambulance service" shall mean emergency medical care and transportation, including incidental storage and maintenance of vehicles.
"Amphitheater" shall mean an outdoor entertainment venue with a gallery facing the performance area with or without seats for spectators.
"Animal husbandry" shall mean raising and breeding of animals or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but excludes slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately under Animal sales and grooming. Keeping of animals is defined separately under Animal keeping.
"Animal keeping" shall mean care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in division III of this title. This classification is distinct from "animal husbandry" and "animal sales and grooming".
A. "Domestic pets" shall mean small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry).
B. "Exotic animals" shall mean any wild, dangerous, or venomous animal, not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including, but not limited to, mammals, fowl, fish or reptiles.
C. "Livestock animals" shall mean all other domestic or domesticated animals other than household pets, including, but not limited to, cattle, sheep, goats, horses, mules, llamas, ostriches, emus, and swine.
D. "Poultry" shall mean domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens.
"Animal sales and grooming" shall mean retail sales of domestic and/or exotic animals, bathing and trimming services conducted entirely within an enclosed building with no outdoor use.
"Antenna" shall mean any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure, or is portable or movable. Antennas shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
Antenna, Amateur Radio: "Amateur radio antenna" shall mean any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the federal communications commission.
Antenna, Building Mounted: "Building mounted antenna" shall mean any antenna directly attached or affixed to a building, tank, tower, or other structure. Building mounted antennas are identified in two (2) distinct categories herein as follows:
A. "Wall mounted" shall mean attached or affixed to the elevation of the structure.
B. "Roof mounted" shall mean attached or affixed to the rooftop or top of the structure.
Antenna, Directional: "Directional antenna" (also known as a "panel" antenna) shall mean an antenna that transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty degrees (360°).
Antenna, Ground Mounted: "Ground mounted antenna" shall mean any antenna with its base (either single or multiple posts) placed directly on the ground or a mast twelve feet (12') or less in height and six inches (6") in diameter.
Antenna, Parabolic: "Parabolic antenna" (also known as a "satellite dish" antenna) shall mean any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern from orbiting satellites or ground transmitters. This definition is meant to include what are commonly referred to as television receive only (TVRO) and satellite microwave antennas.
"Art, antique, collectible sales" shall mean antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards, coins, stamps, and cornie books. (Stores selling handcrafted items that are produced on the site are instead defined as "artisan shops".)
"Artisan shops" shall mean retail stores selling art glass, ceramics, jewelry, weaving, quilts, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.
"Artisan/craft product manufacturing" shall mean establishments manufacturing and/or assembling products primarily by hand, including jewelry, pottery and other ceramics, as well as glass and metal art, craft products, and body products (i.e., soaps, oils, etc.).
"Auto and vehicle sales/rentals" shall mean retail establishments selling and/or renting automobiles, trucks, vans, motorcycles, mobilehomes, recreation vehicles, and/or boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include the sale of auto parts/accessories separate from a vehicle dealership (see definition of Auto parts sales); bicycle and moped sales (see definition of Retail, General); tire recapping establishments (see definitions of Vehicle services); businesses dealing exclusively in used parts (see definition of Recycling facilities, Scrap and dismantling facility); or "service stations", which are separately defined.
"Auto and vehicle storage" shall mean storage of operative and inoperative vehicles for limited periods of time. Includes storage of parking tow aways, impound yards, and storage lots for automobiles, trucks, buses and recreation vehicles. Does not include vehicle dismantling or retail sales.
"Auto parts sales" shall mean stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see definitions of Vehicle services). Does not include tire recapping establishments, which are found under "vehicle services" or businesses dealing exclusively in used parts, which are included under "recycling scrap and dismantling facility".
"Automated teller machines (ATMs)" shall mean computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at, or within, banks, or in other locations, in compliance with use provisions in division III of this title.
"Awnings" shall mean any structure made of a flexible fabric or similar material covering a metal frame attached to a building, whether or not the same is so erected as to permit its being raised to a position flat against the building when not in use.
"Banks and financial services" shall mean financial institutions including banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, other investment companies, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies. See also definition of Automated teller machines (ATMs).
"Banner" shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National, state, or municipal flags shall not be considered banners (see definition of Flag).
"Bars and nightclubs" shall mean any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (music and/or dancing, comedy, etc.) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include the brewing of beer as part of a brewpub or microbrewery.
"Bed and breakfast inns" shall mean residential structures with one family in permanent single-family residence with not more than twenty (20) bedrooms rented for overnight lodging, and may only serve food to its registered guests. The food service is restricted to breakfast or a similar early morning meal, and light foods or snacks. The price of the food must be included in the price of the overnight accommodation.
"Broadcasting and recording studios" shall mean commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of Telecommunication facility.
Building Frontage, Primary: "Primary building frontage" shall mean the building frontage that faces the street. In cases where a building has more than one street frontage, the street address frontage shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage. A single multi-tenant building has one primary frontage, the allowable sign area for which may be distributed at the discretion of the owner; however, in no event shall the combined sign area for all tenants exceed the allowable sign area for the building.
"Building materials stores and yards" shall mean retail establishments selling lumber and other large building materials, where most display and sales occur indoors. (Includes paint, wallpaper, glass, and fixtures.) Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "wholesaling and distribution". Hardware stores are listed in the definition of Retail, General, even if they sell some building materials, as long as there is no outdoor lumberyard.
"Bus and transit shelters" shall mean a small structure designed for the protection and convenience of waiting transit passengers that has a roof and usually two (2) or three (3) sides.
"Business support services" shall mean establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc.; also includes the following: blueprinting business; equipment repair services (except vehicle repair, see definitions of Vehicle services); commercial art and design (production); computer related services (rental, repair); copying, quick printing, and blueprinting services (other than those defined as "printing and publishing"); equipment rental businesses within buildings (rental yards are "storage yards"); film processing laboratories; heavy equipment repair services where repair occurs on the client site; janitorial services; mail advertising services (reproduction and shipping); mailbox services; other "heavy service" business services; outdoor advertising services; photocopying and photofinishing; protective services (other than office related); soils and materials testing laboratories; window cleaning.
"Cafe/specialty shop" shall mean a retail business selling ready to eat food and/or beverages for on or off premises consumption as well as offering specialty food and beverage products in a distinct category of merchandise generally not prepared for immediate consumption, such as seafood or meat, imported ethnic products, wine, or other specialty foods. This use is distinct from other food or beverage stores in that the type or selection of products offered is not readily available at a convenience market, liquor store, or grocery.
"Call centers" shall mean an office equipped to handle a large volume of calls especially for taking orders or servicing customers.
"Car washing and detailing" shall mean permanent, drivethrough, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fundraising activities, typically conducted at a commercial business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day (see section 17.92.020, "Permit Required", of this title).
"Caretaker housing" shall mean a residence that is accessory to a nonresidential primary use of the site, where needed for security, twenty four (24) hour care or supervision, or monitoring of facility, equipment, or other conditions on the site.
"Catering" shall mean preparation and delivery of food and beverages for off site consumption without provision for on site pick up or consumption.
"Cemeteries" shall mean land used for the burial of the dead, and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. See also definition of Mortuaries and funeral homes.
"Chemical product manufacturing" shall mean manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Facilities included in this definition manufacture three (3) general classes of products as listed below. Also includes sales and transportation establishments handling the chemicals described above that are not otherwise listed in the retail, service, and office use listing section.
A. Basic chemicals, including acids, alkalies, salts, and organic chemicals;
B. Chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, pigments; and
C. Finished chemical products to be used for ultimate consumption, including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives.
"Child daycare facility" shall mean a state licensed facility which provides nonmedical care, protection, and supervision to more than fourteen (14) children under eighteen (18) years of age, on a less than twenty four (24) hour basis. A commercial or nonprofit child daycare facility includes infant centers, preschools, sick child centers, and school age daycare facilities. These may be operated in conjunction with business, school, or church facilities, or as an independent land use.
"Civic center" shall mean a prominent land area that allows for government facility which may include a police station, city hall, fire station, impound lot, parking facilities (decks and/or garages), public/quasi-public use, and professional office use.
"Clear vision triangle" shall mean the required clear cross visibility area unobstructed by any structure or landscape between thirty six inches (36") and seven feet (7') above the surface of the public sidewalk as follows:
A. At any corner formed by the intersection of a driveway/alley and street, the cross visibility area shall be a triangle having two (2) sides ten feet (10') long and running along the driveway/alley edge and curb line of street, said length beginning at their intersection and the third side formed by a line connecting the two (2) ends.
B. At any corner formed by the intersecting streets, the cross visibility area shall be a triangle having two (2) sides twenty feet (20') long and running along each curb line, said length beginning at their intersection and the third side formed by a line connecting the two (2) ends.
"Clubs, lodges, and meeting halls shall mean permanent, headquarters type and meeting facility for organizations operating on a membership basis for the promotion of the interests of the members, including a facility for business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; andlor other membership organizations.
"Coffee house" shall mean an establishment providing coffee and tea as well as light snacks ranging from baked goods to soups and sandwiches, other casual meals, and light desserts.
"Collocation facility" shall mean a wireless communication facility owned and operated by a communication service provider which is located on the same tower, building, accessory structure, or property as another communication facility owned or operated by a different communication service provider.
"Commercial vehicle" shall mean a vehicle used or maintained for the transportation of persons or property for hire, compensation or profit. The term "commercial vehicle" does not include a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached, or a vanpool vehicle. The term "commercial vehicle" has the same meaning as the term "commercial vehicle" as defined in the California Vehicle Code.
"Community centers" shall mean multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
"Community garden" shall mean a site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents.
"Community noise equivalent level (CNEL)" shall mean a twenty four (24) hour energy equivalent level derived from a variety of single noise events, with weighting factors of five (5) and ten (10) dBA applied to the evening (7:00 P.M. to 10:00 P.M.) and nighttime (10:00 P.M. to 7:00 A.M.) periods to allow for greater sensitivity to noise during these hours.
"Concrete, gypsum, and plaster products" shall mean manufacturing establishments producing bulk concrete, concrete building block, brick and all types of precast and prefab concrete products. Also includes ready mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "building materials stores and yards".
"Contractors storage yards" shall mean storage yards for contractor equipment and supplies.
"Convenience stores" shall mean easy access retail stores of five thousand (5,000) square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility. See also definitions of Neighborhood market and Grocery store/supermarket for larger stores or stores oriented towards the daily shopping needs of residents.
"Crop and tree farming" shall mean raising for commercial purposes of any truck, field or orchard crop and the necessary buildings incidental to any such crop, wholesale nurseries and greenhouses.
"Crop production" shall mean raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery or landscape merchandise is stored and sold on the site.
"dB" shall mean decibel; a unit used to express the relative intensity of a sound. Every increase of ten (10) dBA doubles the perceived loudness though the noise is actually ten (10) times more intense.
"dBA" shall mean the "A-weighted" scale for measuring sound in decibels; adjusts the effects of low and high frequencies in order to simulate human hearing.
"Density bonus" shall mean a density increase over the otherwise maximum allowable residential density for the provision of affordable housing.
"Density bonus housing agreement" shall mean a legally binding agreement between a developer and the city of Greenfield to ensure that the requirements of this title are satisfied.
"Density bonus units" shall mean those residential units granted pursuant to the provisions of this title, which exceed the otherwise maximum residential density for the development site.
"Density incentive" shall mean a density increase over the otherwise maximum allowable residential density.
"Development agreement" refers to an agreement entered between a developer and the city pursuant to Government Code section 65864 et seq., as those sections exist or are hereafter amended or renumbered.
"Direct broadcast satellite service (DBS)" shall mean a system in which signals are transmitted directly from a satellite to a small home receiving dish.
"Distinguished or characterized by an emphasis upon" shall mean the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas", the films so described are those whose dominant or predominant character and theme are the depiction, description, showing, or simulation of the enumerated sexual activities or anatomical areas.
"Domestic violence shelter" shall mean any emergency or transitional housing shelter operated with the primary purpose of sheltering victims of domestic violence and their dependents the location of which is considered to be secured and confidential.
"Domestic violence victim" shall mean any person who has been victimized by an imbalance of power in an intimate relationship where power and control have been used to force and/or coerce a partner through the use of emotional, psychological, physical and/or sexual abuse, or through stalking, to do something they do not wish to do or to stop them from doing something they wish to do.
"Drive-in and drive-through sales" shall refer to facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast food restaurants, drive-through coffee, dairy product, photo stores, pharmacies, etc.
"Drive-in and drive-through services" shall refer to facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up bank teller windows, dry cleaners, etc. (See also definitions of Automated teller machines (ATMs) or Service stations or Car washing and detailing.)
"Dwelling" shall mean a room or rooms connected together containing cooking, sanitary and sleeping facilities that constitute a separate, independent housekeeping unit. It shall include prefabricated modular units and mobilehomes but shall not include motel, hotel, boarding house, tourist home, shelter or similar structure.
Dwelling, Multi-Family: "Multi-family dwelling" shall mean a building designed and intended for occupancy by three (3) or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).
Dwelling, Single-Family: "Single-family dwelling" shall mean a freestanding residential building designed for and/or occupied exclusively by one living unit that includes one kitchen and permanent provisions for living, sleeping, eating, sanitation, and parking. This classification includes manufactured homes (defined in California Health and Safety Code section 18007) and model homes for the first sale of homes within the subdivision. "Manufactured home", as defined in the Health and Safety Code section 18007, is a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and respect to which the manufacturer voluntarily files a certification and complies with the standards established therein. "Manufactured home" includes a mobilehome subject to the national manufactured housing construction and safety act of 1974 (42 USC, section 5401 et seq.).
Dwelling, Two-Family: "Two-family dwelling" shall mean an attached building (e.g., duplex) designed for occupancy by two (2) families living independently of each other, where both dwellings are located on a single lot. More than one two-family dwelling may be located on a single lot consistent with the density provisions of the general plan. Does not include "accessory dwelling units."
Dwelling Unit, Accessory: "Accessory dwelling unit" shall mean an attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats.
"Electromagnetic" shall mean an electrical wave propagated by an electrostatic and magnetic field of varying intensity.
"Electronics, equipment, and appliance manufacturing" shall mean establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines, aviation instruments, electrical transmission and distribution equipment, electronic components and accessories, semiconductors, integrated circuits, related devices, electronic instruments, components and equipment such as calculators and computers, electrical welding apparatus, lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting, industrial apparatus, industrial controls, instruments for measurement, testing, analysis and control, associated sensors and accessories, miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines, motors and generators. Optical instruments and lenses, photographic equipment and supplies, prerecorded magnetic tape, radio and television receiving equipment such as television and radio sets, phonograph records, surgical, medical and dental instruments, equipment, and supplies, surveying and drafting instruments, telephone and telegraph apparatus transformers, switch gear and switchboards, watches and clocks. Does not include testing laboratories (soils, materials testing, etc.) (see definition of Business support services), or research and development facility separate from manufacturing (see definition of Research and development services).
"Emergency shelter" shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person, which does not deny emergency shelter because of an inability to pay.
Employee Housing, Permanent: "Permanent employee housing" shall mean premises used for permanent residential purposes by more than six (6) unrelated persons or two (2) or more families employed to perform agricultural or industrial labor. The accommodations must consist of dwellings consistent with permanent housing. Such housing does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, hospitals, or similar use or other transient lodging facilities.
Employee Housing, Temporary: "Temporary employee housing" shall mean premises used for residential purposes for temporary or seasonal periods by more than six (6) unrelated persons or two (2) or more families employed to perform agricultural or industrial labor. The accommodations consist of any living quarters, dwelling, boarding house, bunkhouse, mobilehome, manufactured home or other similar housing accommodations maintained in one or more buildings, or on one or more sites, and the premises upon which they are situated, or the area set aside and provided for parking of mobilehomes or camping of five (5) or more employees by the employer. Such housing does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, hospitals, or similar use or other transient lodging facilities.
"Energy efficiency" shall mean reduced energy inputs for a given level of service or increased or enhanced services for a given level of energy input in excess of that anticipated or required by title 15 of this code regarding energy efficiency requirements.
Equestrian Facility, Commercial: "Commercial equestrian facility" shall mean a commercial horse, donkey, pony, and/or mule facility including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.
Equestrian Facility, Hobby: "Hobby equestrian facility" shall mean stables, corrals, paddocks used by the individual residents of related property and their animals.
"Equipment and material storage yards" shall mean outdoor storage of large construction equipment or machinery, company vehicles, or large quantities of other materials and related uses. Excludes storage associated with vehicle service and equipment.
"Equipment sales and rental" shall mean service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment.
"Fabric" shall mean cloth made by weaving or knitting natural or synthetic fibers and filaments, and for the purposes of this definition, includes paper, metallic or plastic materials but excludes any material directly painted on a body.
"Fabric product manufacturing" shall mean manufacturing establishments fabricating clothing, draperies, and other products by cutting and sewing purchased textile fabrics, and related materials such as leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("general retail stores") are instead included under "personal services". See also definition of Textile and leather product manufacturing.
Family Daycare Home, Large: "Large family daycare home" shall mean a state licensed facility that provides family childcare for up to twelve (12) children, or for up to fourteen (14) children if the criteria in section 102416.5(c) of the California Code of Regulations are met. These capacities include children under age ten (10) who live in the licensee’s home and the assistant provider’s children under age ten (10). "Family daycare" or "family childcare" means regularly provided care, protection and supervision of children, in the caregiver’s own home, for periods of less than twenty four (24) hours per day, while the parents or authorized representatives are away. The term "family childcare" supersedes the term "family daycare" as used in previous regulations.
Family Daycare Home, Small: "Small family daycare home" shall mean a state licensed facility that provides family childcare for up to six (6) children, or for up to eight (8) children if the criteria in section 102416.5(b) of the California Code of Regulations are met. These capacities include children under age ten (10) who live in the licensee’s home.
"Family daycare" or "family childcare" means regularly provided care, protection and supervision of children, in the caregiver’s own home, for periods of less than twenty four (24) hours per day, while the parents or authorized representatives are away. The term "family childcare" supersedes the term "family daycare" as used in previous regulations.
"Feedlot" shall mean any premises used principally for the raising or keeping of animals in a confined feeding area.
"Confined feeding area" shall mean any livestock feeding, handling, or holding operation or feed yard where animals are concentrated in an area:
A. Which is not normally used for pasture or for growing crops and in which animal wastes may accumulate; and
B. Where the space per animal is less than six hundred (600) square feet. Feedlot is not intended to otherwise preclude the raising of animals as part of a general farming and/or livestock operation or as an FFA, 4-H, or other student project in an agricultural zone.
"General farming and/or livestock operation" shall mean one in which the confined feeding of animals is an incidental part of the total livestock operation.
"Fence" shall mean a barrier made of durable material to establish a boundary, as a means of protection or to provide confinement. Fences provide privacy, screening of negative visual features, noise attenuation, architectural treatment, and security for the property which they enclose.
"Flag" shall mean any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.
"Food and beverage manufacturing" shall mean manufacturing establishments producing or processing foods and beverages for off site human consumption. Large scale operations would include more than ten (10) employees, while smaller scale operations may be related to specialty/craft foods or people living in a live-work situation. Includes bakeries (wholesale), bottling plants, breweries, candy, sugar and confectionery products, manufacturing, catering services separate from stores or restaurants, coffee roasting, dairy products manufacturing, fats and oil product manufacturing, fruit and vegetable canning, preserving, related processing, grain mill products and byproducts, meat, poultry, and seafood canning, curing, byproduct processing, soft drink production, miscellaneous food item preparation from raw products. May include tasting and accessory retail sales of beverages produced on site. Does not include bakeries which sell all products on site, which are included in the definition of Retail, General; or beer brewing as part of a brewpub, bar or restaurant (see definition of Bars and nightclubs).
"Foot-candle" shall mean a unit of illumination produced on a surface, all points of which are one foot (1') from a uniform point of one candle.
"Fuel storage and distribution" shall mean a facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.
"Full shielding" shall mean a technique or method of construction which causes all light emitted from an outdoor light fixture to be projected below an imaginary horizontal plane passing through the lowest point on the fixtures from which light is emitted.
"Furniture and fixtures manufacturing, cabinet shops" shall mean manufacturers producing household furniture, bedsprings and mattresses, office furniture and partitions, shelving, lockers and store furniture, miscellaneous drapery hardware, window blinds and shades (not including sawmills or planing mills, instead included under "lumber and wood product manufacturing", and not including the manufacture of household appliances, instead included under "electronics, equipment, and appliance manufacturing").
"Furniture, furnishings, and appliance stores" shall mean stores engaged primarily in selling the following products and related services, including incidental repair services: draperies, floor coverings, furniture, glass and chinaware, home appliances, home furnishings, home sound systems, interior decorating materials and services, large musical instruments, including, but not limited to, pianos, cellos, and harps, movable spas and hot tubs, office furniture, other household electrical and gas appliances, outdoor furniture, refrigerators, etc.
"Garage sale" shall mean the selling of used goods from where one lives inside a garage. See chapter 17.92, "Temporary Uses", of this title.
"Garden center/plant nursery" shall mean establishments providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment, including, but not limited to, lawn mowers, tillers and edgers, shovels, hoes, rakes, hoses, wheelbarrows.
"Glare" shall mean light emitting from a lurninaire with an intensity great enough to reduce a viewer’s ability to see and, in extreme cases, causing momentary blindness.
"Glass product manufacturing" shall mean manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations as defined in Artisan/craft product manufacturing.
"Golf courses/country clubs" shall mean golf courses and accessory facilities and uses including clubhouses that may include a bar and/or restaurant; locker and shower facilities; pool(s); tennis courts; driving ranges; "pro shops" for on site sales of golfing equipment; and golf cart storage and sales facilities.
"Gray water" (sometimes spelled grey water, and also known as sullage) is nonindustrial wastewater generated from domestic processes such as washing dishes, laundry and bathing. Gray water comprlses fifty (50) to eighty percent (80%) of residential wastewater.
"Green roof" shall mean a roof, also called a "living roof", covered with vegetation. It can be located at or above grade, but in all cases the plants are not planted on the ground but rather above parking areas, on roofs, or above interior living space. All green roofs contain a synthetic, high quality waterproof membrane, a drainage layer, soil layer, and lightweight plants. Green roofs are ideally low maintenance, and require minimal to no irrigation, fertilizer, and pesticides. There are two (2) types of green roofs:
A. Extensive: Requires minimal maintenance and is located on a flat or low sloped roof deck that maximizes water retention. Vegetation consists mainly of hardy grasses and ground cover.
B. Intensive: Requires regular maintenance (irrigation, fertilizing, pruning, mowing) and deeper soils. Vegetation consists of grasses, lawns, flowers, shrubs, and small trees.
"Grocery store/supermarket" shall mean a retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full service businesses do not typically have limited hours of operation. See separate but related listings for "neighborhood market" and "convenience stores".
"Group residential" shall mean shared living quarters without separate kitchen and/or bathroom facilities for each room or unit. This classification includes residential hotels, dormitories, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family. This category includes "boarding houses", which are defined as buildings other than a hotel or restaurant, where meals or lodging or both meals and lodging are provided for compensation for four (4) or more persons.
"Guesthouse/pool house" shall mean an attached or detached habitable structure with only sleeping, living, and bathroom provisions, exclusive of kitchen or cooking facilities. Such structures shall not be used or rented as a separate dwelling for permanent living quarters unless a conditional use permit is granted to do so.
"Heliports" shall mean a designated, marked area on the ground or the top of a structure where helicopters may land at any time. Hog Farm, Commercial: "Commercial hog farm" shall mean any premises used for the raising or keeping of hogs when raised, fed, or fattened for purposes of sale and consumption by other than the owner of the site. In an agricultural zoning district, the term commercial hog farm is not intended to otherwise preclude the raising of hogs as part of general agricultural practices and 4-H purposes (see also definition of Animal keeping),
"Home occupation" shall mean the conduct of a business entirely within a dwelling unit or residential site, is secondary to the residential use, and only by those residing on the premises plus not more than one assistant who is not a resident of the dwelling.
"Homeless person/family" shall mean an individual or family that lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.
"Hotels and motels" shall mean facilities with guestrooms or suites provided with or without a kitchen facility, rented to the general public for transient lodging (less than 30 days). Generally, hotels provide access to most guestrooms from an interior walkway or hallway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Generally, motels provide access to most guestrooms from an exterior walkway. Both may include accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
"Hours of darkness" shall mean any time from one-half (1/2) hour before sunset until one-half (1/2) hour after sunrise and any other time when the illumination level is less than the required lighting for uses as designated in this title.
"Impound lot" shall mean a lot for the temporary storage of automobiles, trucks, buses, recreational vehicles, and similar vehicles. This use excludes vehicle repair or dismantling.
"Incentives or concessions" shall mean regulatory concessions as specified in California Government Code subsection 65915(1) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed use zoning in conjunction with development, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost avoidance or reductions that are offered in addition to a density bonus.
"Inclusionary unit" shall mean a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low or low income households, or qualifying residents.
Income, Low Household: "Low household income" shall mean a household whose total annual income falls between thirty percent (30%) and eighty percent (80%) of the median income of Monterey County, as published and periodically updated by the state department of housing and community development pursuant to section 50079.5 of the California Health and Safety Code.
Income, Moderate Household: "Moderate household income" shall mean a household whose total annual income falls between eighty percent (80%) and one hundred twenty percent (120%) of the median income of Monterey County, as published and periodically updated by the state department of housing and community development pursuant to section 50079.5 of the California Health and Safety Code.
Income, Very Low Household: "Very low household income" shall mean households whose income does not exceed thirty percent (30%) of the Monterey County median income, as published and periodically updated by the state department of housing and community development pursuant to section 50079.5 of the California Health and Safety Code.
"Indoor amusement/entertainment facility" shall mean establishments providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms and electronic game arcades, as standalone uses. Four (4) or more electronic games or coin operated amusements in any establishment, or a premises where fifty percent (50%) or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above.
"Indoor sports and recreation facility" shall mean predominantly participant sports and health activities conducted entirely within an enclosed building, with the exclusion of secondary uses such as a spa, pool, basketball court, or tennis court. Typical uses include bowling alley, billiard parlor, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs and health clubs. See also definition of Outdoor commercial recreation for spectator venues and uses.
Kennels, Commercial: "Commercial kennels" shall mean facilities for the keeping, boarding and/or maintaining of five (5) or more dogs, or five (5) or more cats. This definition does not include animals for sale in pet shops, or patients in animal hospitals. This definition includes a kennel where the animals are kept for commercial purposes, including boarding, breeding, buying, selling, renting, exhibiting, or training. Does not include a veterinary facility, pet shop, or animal shelter.
Kennels, Hobby: "Hobby kennels" shall mean facilities for the keeping, boarding and/or maintaining of five (5) or more dogs (4 months of age or older), or five (5) or more cats when the animals are owned or kept by an occupant for personal, noncommercial purposes including hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, enhancing or perpetuating a given breed. This definition does not apply to nondomestic animals used in conjunction with an agricultural operation.
"Kitchen" shall mean any room or portion thereof designated and/or customarily used as a place for the preparation and sanitation of food. A kitchen may contain any of the following: sink, stove, refrigerator, oven, microwave, freezer, or any other customarily used appliance or fixture for the preparation and sanitation of food.
"Landscape feature" shall mean a detached decorative structure typically used in conjunction with plant materials for aesthetic enhancement such as patio trellis covers, pergolas and gazebos with nonsolid roof construction, arched trellises, arbors, vertical lattice structures, statues, and similar features.
"Laundries and dry cleaning plants" shall mean service establishments engaged primarily in high volume laundry and garment services, including laundries; garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; and on site carpet and upholstery cleaners. Does not include coin operated laundries or dry cleaning pick up stores without dry cleaning equipment (see definition of Personal services).
"Legal nonconforming lot" is a lot designated on an approved and recorded subdivision plat or that constitutes a whole parcel reflected by a valid and recorded deed, in compliance with the subdivision provisions of title 16 of this code or prior subdivision regulations, which fails to conform to the minimum lot area, depth, width or other applicable dimensional requirement for the district in which it is located, and which is legally nonconforming. A nonconforming lot, which has frontage only on an undeveloped platted street, shall not be considered a legal nonconforming lot for purposes of this title.
"Legal nonconforming sign" is a sign that does not fully conform to the standards of the sign regulations of this title and that is legally nonconforming under subsection A of the definition of Legal nonconforming situation.
"Legal nonconforming situation" is any land use, structure, lot of record, or other situation related to the use or development of land that:
A. Was legally established prior to the effective date of this title or its subsequent amendment, or prior to the annexation of the property on which such nonconforming situation exists into the city, and
B. Does not now fully conform to the requirements of this title, as amended.
Legal Nonconforming Situations, Other: "Other legal nonconforming situations" include all other aspects of an established land use or development that does not fully conform with the requirements of this title or any amendment thereto but which is legally nonconforming under subsection A of the definition of Legal nonconforming situation. Such other nonconforming situations include, but are not limited to, requirements for off street parking, landscaping requirements, and other land development requirements.
"Legal nonconforming structure" is any building or structure which does not fully conform to the standards imposed by the zoning provisions of this title, but which is legally nonconforming under subsection A of the definition of Legal nonconforming situation.
"Legal nonconforming use" shall mean a use of land, building(s), or other structure(s), or any combination thereof, that is legally nonconforming under subsection A of the definition of Legal nonconforming situation.
"Library" shall mean a public or quasi-public facility in which literary and artistic materials, such as books, periodicals, newspapers, pamphlets, prints, records, and tapes, are kept for reading, reference, or lending, and which are generally noncommercial in nature.
"Light pollution" shall mean artificial light which causes a detrimental effect on the environment, astronomical research or enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent property.
"Light trespass" shall mean the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
"Live-work facility" shall mean an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:
A. Complete kitchen space and sanitary facility in compliance with the city building code; and
B. Working space reserved for and regularly used by one or more occupants of the unit.
"Lot" shall mean a legally established parcel of land under one ownership having frontage upon a street. Lot types are as follows:
A. "Corner lot" shall mean a lot bounded by two (2) or more abutting and intersecting street lanes.
B. "Double frontage lot" shall mean an interior lot bounded by two (2) or more abutting street lanes that do not intersect.
C. "Flag lot" shall mean a lot connected to a street by an access corridor such as an alley, narrow private drive, or access easement.
D. "Interior lot" shall mean a lot which is not a corner lot and has only one street frontage.
E. "Key lot" shall mean the first interior lot to the rear of a reversed corner lot.
F. "Reverse corner lot" shall mean a corner lot in which the rear property line abuts the front yard area of an adjoining interior lot (as opposed to the rear yard of another corner lot).
"Lot area" shall mean the total horizontal area (square footage) contained within the boundaries of a lot. Unless otherwise specified, lot area shall be calculated using gross, rather than net, areas as defined below:
A. "Gross lot area" shall mean the lot area inclusive of public and private streets and alleys.
B. "Net lot area" shall mean the lot area exclusive of public and private streets and alleys.
"Lot coverage" shall mean the percentage of the lot occupied by the above grade portion of buildings, not including fences or pools.
"Lot depth" shall mean the horizontal distance between the front and rear property lines measured along a line beginning midway between the side property lines.
Lot, Double Frontage: "Double frontage lot" shall mean a lot which runs through a block from street to street and which has two (2) nonintersecting sides abutting on two (2) or more streets.
"Lot frontage" shall mean that portion of a lot that abuts a street right of way, as measured at the frontage, or other principal means of access thereto.
Lot, Rear Property Line: "Rear property line" shall mean a property line which is opposite and most distant from the front property line and, in case of an irregular, triangular or gore shaped lot, a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front property line. Lot; Right Of Way Line: "Right of way line" shall mean the dividing line between a street (including curb, gutter, sidewalk, and other associated infrastructure) and the abutting property.
"Lot; setback" shall mean the minimum distance between the main building and property lines of the lot, measured at a right angle from the designated property line. Minimum setback distances are listed by zoning district in division III, "Zoning Districts, Allowable Uses, And Development Standards", of this title.
Lot; Street ROW (Right Of Way): "Street ROW (right of way)" shall mean the boundary line along the street frontage of a property including the street, trees, lawn and sidewalk. The right of way width is established by the city.
"Lot width" shall mean the horizontal distance between side lot lines, measured at the required front setback line.
Lot; Yard (Area): "Yard (area)" shall mean the horizontal area between a property line and a parallel line along the nearest structure located outside of the required setback area.
Lot; Yard (Area), Required: "Required yard (area)" shall mean the horizontal area between a property line and a parallel line drawn at the minimum setback distance, measured at a right angle from the property line.
"Lumber and wood product manufacturing" shall mean manufacturing, processing, and sales uses involving the milling of new or used forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products: containers, pallets and skids, milling operations, trusses and structural beams, turning and shaping of wood products, wholesaling of basic wood products, and wood product assembly. Craft type shops are included in the use "handcraft industries, small scale manufacturing". Other wood and cabinet shops are included under "furniture and fixtures manufacturing, cabinet shops". The indoor retail sale of building materials, construction tools and equipment is included under "building materials stores and yards".
"Luminaire" shall mean a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts. The pole, post, or bracket is not considered a part of the luminaire.
"Machinery manufacturing" shall mean the manufacturing of machinery and equipment used for the manufacturing of other products; as parts in the assembly of other products; and for end use purposes, including the following: construction equipment, conveyors, cranes, die casting, dies, dredging, engines and turbines, farming and gardening, food products manufacturing, gear cutting, heating, ventilation, air conditioning, industrial trucks and tractors, industrial furnaces and ovens, industrial molds, laundry and dry cleaning, materials handling, mining, oil field equipment, paper manufacturing, passenger and freight elevators, pistons, printing, pumps, refrigeration equipment, textile manufacturing. Maintenance And Repair, Large Equipment: "Large equipment maintenance and repair" shall mean establishments providing on site repair and accessory sales of supplies for industrial and/or agricultural machines conducted entirely within an enclosed building. This classification includes maintenance, repair, and overhauling of light and heavy vehicles and equipment such as fire engines and pump systems, fire trucks including large trailer aerial ladder trucks, gang mowers, aerial work platforms, and construction equipment such as loaders, graders, dump trucks, backhoes, asphalt trucks, trailers, rollers, street sweepers, air compressors, and off road equipment. Maintenance And Repair, Small Equipment: "Small equipment maintenance and repair" shall mean establishments providing on site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building. This classification does not include maintenance and repair of vehicles.
"Manufactured home", as defined in the California Health and Safety Code section 18007, means a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established therein. "Manufactured home" includes a mobilehome subject to the national manufactured housing construction and safety act of 1974 (42 USC section 5401 et seq.).
"Maximum residential density" shall mean the maximum number of residential units permitted by the Greenfield general plan land use element or zoning ordinance at the time of application.
"Medical services - clinics, offices, and laboratories" shall mean a facility primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, and other allied health services. Counseling services by other than medical doctors or psychiatrists are included under "offices".
"Medical services - extended care" shall mean a residential facility providing nursing and health related care as a primary use with inpatient beds, such as board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities; and rehabilitation facilities. Long term personal care facilities that do not emphasize medical treatment are included under "residential care homes".
"Medical services - hospitals" shall mean hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete healthcare. May include on site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the definition of Accessory retail). Does not include "ambulance service", which is defined separately.
"Metal products fabrication, machine/welding shops" shall mean establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products, blacksmith and welding shops, sheet metal shops, machine shops and boiler shops.
"Metal products manufacturing" shall mean manufacturing establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; in the rolling, drawing, and alloying of ferrous and nonferrous metals; in the manufacture of castings, forgings, stampings, extrusions and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes, and insulated wire and cable.
"Miniature golf courses (indoor and outdoor)" shall mean a facility that provides on site commercial entertainment in the form of a novelty version of golf played with a putter and golf ball on a miniature course and featuring obstacles such as alleys, bridges, and tunnels.
"Minimum maintained foot-candles of light" shall mean the amount of light falling on that point of a surface with the least illumination, calculated through application of a maintenance factor, which is a multiplier applied to account for aging of the lamp and for dirt buildup on the luminaire during the period for which the lamp is in place. Unless otherwise specified, light is measured on a horizontal plane at ground level. The average maintained foot-candle of light is calculated using the industry standard uniformity ratio of average and minimum light levels of four to one (4:1) as established by the Illuminating Engineering Society of North America.
"Mobile/manufactured home" shall mean a transportable structure which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (California Health and Safety Code sections 18007 and 18008). A mobilehome is included in the definition of "manufactured home" and the minimum dimensions for a mobilehome are eight feet (8') wide, forty feet (40') long, and a total area of three hundred twenty (320) square feet.
"Mobile/manufactured home park" shall mean any site that is planned and improved to accommodate two (2) or more mobilehomes used for residential purposes, or on which two (2) or more mobilehome lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for residential purposes in compliance with California Code of Regulations, title 25, division 1, chapter 2 (mobilehome parks and installations).
"Mortuaries and funeral homes" shall mean funeral homes and parlors where the deceased are prepared for burial or cremation and in which funeral services may occur.
"Museum" shall mean a public or quasi-public institution of a noncommercial nature that procures, cares for, studies, and displays objects of lasting interest or value. Examples of museums include art and historical museums, aquariums, planetariums, botanical gardens, arboretums, and historical sites and exhibits.
"Neighborhood market" shall mean a pedestrian oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are less than fifteen thousand (15,000) square feet in size and operate less than eighteen (18) hours per day. For larger stores, see definition of Grocery store/supermarket. Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the market/grocery portion of the use.
"NIER" shall mean nonionizing electromagnetic radiation (e.g., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
"Nude model studio" shall mean any place where a person: a) appears seminude, in a state of nudity, or displays specified anatomical areas; and b) is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the state of California or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
A. That has no sign visible from the exterior of the structure and no other advertising that indicates a person is in a state of nudity or a seminude condition and is available for viewing;
B. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
C. Where no more than one nude or seminude model is on the premises at anyone time.
Nude, Semi- Or In A Seminude Condition: "Seminude or in a seminude condition" shall mean a state of dress in which clothing covers no more than the genitals, pubic region, buttocks and areola of the female breast as well as portions of the body covered by supporting straps or devices.
"Nudity or a state of nudity" shall mean the showing of the human male or female genitals, pubic area, anus, or buttocks with less than a fully opaque fabric covering, the showing of the female breast with less than a fully opaque fabric covering of any part of the areola, or the showing of completely or opaquely covered (by fabric) male genitals in a discernibly turgid state
Offices, Accessory: "Accessory offices" shall mean offices that are incidental and accessory to a primary business, allowed as part of an approved primary use.
Offices, Business And Professional: "Business and professional offices" shall mean offices of finance businesses providing direct services to consumers (companies, utility companies, etc.), government agency and service facilities (post office, civic center, etc.), professional offices (accounting, legal, employment, public relations, insurance, real estate, etc.), and offices engaged in the production of intellectual property (advertising, architectural, computer programming, photography studios, etc.). These do not include medical offices (see definition of Medical services - clinics, offices, and laboratories): temporary offices (see definition of Offices, Temporary), or offices that are incidental and accessory to another business that is the primary use (see definition of Offices, Accessory).
Offices, Temporary: "Temporary offices" shall mean a mobilehome, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include construction supervision offices on a construction site or off site construction yard: a temporary on site real estate office for a development project; or a temporary business office in advance of permanent facility construction.
"Open space" shall mean undeveloped land with primarily passive recreational uses or landscaped pedestrian and bicycle throughways (examples: community gardens, agricultural easements, greenbelts, bike and pedestrian paths, playground equipment) or land left undeveloped for aesthetic, environmental, health, welfare, or safety reasons (examples: greenbelts, floodways, steep unstable slopes, and utility easements). Green roofs can be considered open space as determined by the planning director or final decision making body. Open space cannot be considered park space and does not satisfy the requirement for park space as defined and required in this code.
"Outdoor commercial recreation" shall mean facility for various outdoor participant sports and types of recreation where a fee is charged for use, including amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swimming pools and water parks, tennis clubs, tennis courts, and zoos.
"Paper product manufacturing" shall mean the manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags, boxes, envelopes, wallpaper, etc.
"Park and ride facility" shall mean a designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.
"Parking facility/vehicle storage" shall mean service establishments in the business of storing operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day use and long term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off street parking required by this title.) Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards (classified in "recycling facility - scrap and dismantling facility").
"Parks and playgrounds" shall mean parks, play lots, playgrounds, amphitheaters, and athletic fields for noncommercial neighborhood or community active recreational use, including tot lots within apartment complexes.
"Paving/roofing material manufacturing" shall mean the manufacture of various common paving and petroleum based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar. The manufacture of wood roofing materials (shingles, shakes, etc.) is included under "lumber and wood product manufacturing".
"Pending applications" shall mean any formal application submitted to the city for a land use or development permit or action that has not expired and has not been approved, denied, rejected, or rescinded.
"Personal services" shall mean a use that provides a personal service that is nonmedical and may include accessory retail sales of products related to the services that are provided. Examples of personal services include, but are not limited to, the following: barber and beauty shops, clothing and costume rental, dry cleaning pick up stores, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, massage, nail salons, and tailors.
Personal Services, Restricted: "Restricted personal services" shall mean personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts, including check cashing services, fortune tellers, psychics, palm readers and similar services, spas and hot tubs for rent, tanning, tattooing, piercing and similar services. These uses may also include accessory retail sales of products related to the services provided.
"Plastics, synthetics, rubber products manufacturing" shall mean the manufacture of rubber products including tires, rubber footwear including heels and soles, mechanical rubber goods, flooring, and other rubber products from natural, synthetic or reclaimed rubber, molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, and fiberglass manufacturing and fiberglass application services. Establishments engaged primarily in recapping and retreading automobile tires are classified in "vehicle services - major repair/body work".
"Postconsumer recycled content materials" shall mean an end product that has completed its life cycle as a consumer item and would otherwise have been disposed of as a solid waste. Postconsumer materials include recyclables collected in commercial and residential recycling programs, such as office paper, cardboard, aluminum cans, plastics and metals.
"Printing and publishing" shall mean establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in business support services.
"Project" shall mean proposed development or a new land use.
"Public nuisance" shall mean any violation of this code or any provision of the uniform codes adopted by the city, or any design standards subject to redress as provided for in this title.
"Public safety facility" shall mean facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
"Recreational equipment rental facility" shall mean facility where nonmotorized outdoor equipment is available to rent. Recreational equipment includes such items as camping gear, such as tents, sleeping bags, backpacks, bicycles, coolers and stoves. More specialized equipment may be available as well. The facility does not provide on site recreational activities, but may provide training services as to how properly to use equipment.
"Recreational vehicle parks" shall mean a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
"Recycling facilities" shall include the following terms:
A. "Large collection facility" shall mean a recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that occupies more than five hundred (500) square feet and includes permanent structures, does not use power driven processing equipment except for compacting, baling, plastic shredding, and other activities necessary for efficient temporary storage and material shipment.
B. "Processing facility" shall mean a recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment or to an end user’s specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
C. "Reverse vending machine" shall mean an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with a value of not less than the container’s redemption value as determined by the state.
D. "Scrap and dismantling facility" shall mean uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. The presence on any lot or parcel of land of five (5) or more inoperable vehicles from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. This use does not include landfills or other terminal waste disposal sites.
E. "Small collection facility" shall mean a recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than five hundred (500) square feet. This classification may include a mobile unit, kiosk type units that may include permanent structures and unattended containers placed for the donation of recyclable materials.
"Religious institutions" shall mean facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc.; and accessory uses on the same site, such as living quarters for clergy and staff, and child daycare facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, such as full time educational institutions, hospitals, youth camps, homeless shelters, and other potentially related operations are classified according to their respective activities.
"Renewable energy system" shall mean a system using an energy that is derived from resources that are regenerative or for all practical purposes cannot be depleted.
"Research and development services" shall mean indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies (see definition of Offices, Business And Professional), soils and other materials testing laboratories (see definition of Business support services), or medical laboratories (see definition of Medical services - clinics, offices, and laboratories).
"Residential care facility" shall mean, consistent with the definitions of state law, a facility that provides twenty four (24) hour nonmedical care for more than six (6) persons eighteen (18) years of age or older, or emancipated minors, with chronic, life threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, juvenile court residential facilities, and other facilities licensed by the state of California.
Residential Care Home, Large: "Large residential care home" shall mean, consistent with the definitions of state law, a home that provides twenty four (24) hour nonmedical care for more than six (6) persons eighteen (18) years of age or older, or emancipated minors, with chronic, life threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, rest homes, residential care facilities for the elderly, adult residential facilities, juvenile court residential facilities, and other facilities licensed by the state of California. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of Medical services - extended care.
Residential Care Home, Small: "Small residential care home" shall mean, consistent with the definitions of state law, a home that provides twenty four (24) hour nonmedical care for six (6) or fewer persons eighteen (18) years of age or older, or emancipated minors, with chronic, life threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, rest homes, residential care facilities for the elderly, adult residential facilities, juvenile court residential facilities, and other facilities licensed by the state of California. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of Medical services - extended care.
"Resource protection and restoration" shall mean activities and management of an area to preserve, re-create and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, vernal pools, erosion control, and floodwater conveyance.
"Resource related recreation" shall mean facility related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers.
"Restaurants" shall mean a retail business selling food and beverages prepared on the site, for on or off premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on or off premises consumption, and establishments where most customers are served food at tables for on premises consumption, but may include providing food for takeout. Also includes coffee houses.
Restaurants, Accessory: "Accessory restaurants" shall mean a restaurant that is accessory to a nonresidential use.
Restaurants, Fast Food/Drive-In: "Fast food/drive-in restaurants" shall mean a restaurant that provides both sit down and takeout service and has at least two (2) of the following characteristics:
A. Food to be consumed on the premises is served with nonreusable tableware,
B. Food is not delivered to the table,
C. Orders are placed at a counter,
D. Orders are placed at a drive-through and/or walk-up window.
Restaurants, Sit Down, Takeout Inclusive: "Sit down, takeout inclusive restaurants" shall mean a business serving prepared food or beverages for consumption on or off the premises. Service is predominantly sit down, however, the occasional takeout customer may be accommodated.
Restaurants, Takeout: "Takeout restaurants" shall mean a restaurant where food is prepared on site for off site consumption, other than those deemed to be fast food restaurants.
"Restaurants with alcohol sales" shall mean a restaurant with a valid alcohol beverage license that sells alcoholic drinks along with preparing and serving food. Also includes restaurants with breweries, subordinate to the restaurant use, that operate for the production of on site consumption.
"Restaurants with live entertainment" shall mean a restaurant that includes live entertainment.
"Restaurants with outdoor dining" shall mean a restaurant where tables and seating are provided and food and/or beverages are served in outdoor areas and have at least one side open.
Retail, Accessory: "Accessory retail" shall mean the retail sales of various products (including food service) in a store or similar facility that is located within a healthcare facility, hotel, office, institutional or industrial complex. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.
Retail, General: "General retail" shall mean stores and shops selling multiple lines of merchandise including art galleries, artists’ supplies, bakeries (all production in support of on site sales), bicycles, books, cameras and photographic supplies, clothing and accessories, collectibles (cards, coins, comics, stamps, etc.), department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales only; outdoor sales are "plant nurseries"), furniture, home furnishings and equipment, general stores, gift and souvenir shops, hardware, hobby materials, jewelry, luggage and leather goods, musical instruments, parts and accessories, newsstands, orthopedic supplies, pet supplies, religious goods, specialty shops, sporting goods and equipment, stationery, toys and games, and variety stores.
"Retrofit" shall mean to install or fit an existing building with parts, devices, or equipment not in existence or available at the time of original manufacture.
"Roofline" shall mean the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
"Satellite earth station" shall mean a facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.
Schools, Private: "Private schools" shall mean private educational institutions, including boarding schools, business, secretarial, and vocational schools, colleges and universities, elementary, middle, junior high and high schools, correspondence and online schools, professional schools (law, medicine, etc.), seminaries/religious ministry training facilities, and military academies.
Schools, Public: "Public schools" shall mean public educational institutions including community colleges, colleges and universities, elementary, middle, and junior high schools, high schools, and military academies.
Schools, Special/Studios: "Special schools and studios" shall mean specialized schools offering instruction in the following: arts and crafts, movement and dance, computers and electronics, drama, driver education, language, photography, and music. Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness training studios, gymnastics instruction and aerobics studios, environmental awareness, sewing handicrafts, martial arts, communications, and management. Does not include preschools and child daycare facilities (see definition of Child daycare facility).
"Senior citizen housing development" shall mean a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that have at least thirty five (35) dwelling units and complies with the requirements of section 51.3 of the California Civil Code.
"Service stations with vehicle service" shall mean a retail business selling gasoline and/or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services and the sale of limited vehicle parts/fluids and accessories. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.
"Service stations without vehicle service" shall mean a retail business selling gasoline and/or other motor vehicle fuels and related parts, fluids and/or accessories.
"Sexual encounter center" shall mean a business or commercial enterprise that, as one of its principal purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, when one or more of the persons is in a state of nudity or seminude condition. The definition of sexual encounter center does not include an establishment where a medical practitioner, physiologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
Sexual, Specified Activities: "Specified sexual activities" includes any of the following, whether performed directly or indirectly through clothing or other covering:
A. The fondling or other erotic touching of human genitals, pubic area, buttocks, anus, or female breast;
B. Sex acts, actual or simulated, including, but not limited to, intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated;
D. Excretory functions as part of or in connection with any of the other activities described in subsections A and B of this definition. Sexual; Specified Anatomical Areas: "Specified anatomical areas" includes the following:
A. Less than completely and opaquely covered by fabric: 1) human genitals or pubic region; 2) human buttocks; 3) human anus; or 4) the female breast below a point immediately above the top of the areola;
B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered by fabric; and
C. Any device, costume, or covering that simulates any of the body parts included in subsection A or B of this definition.
"Sexually oriented business" shall mean an adult oriented business.
"Shielding" shall mean a technique or method of construction which causes light emitted from an outdoor light fixture to be projected below an imaginary horizontal plane passing through the fixtures.
"Sign" shall mean any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, or services to the public. Sign, Abandoned: "Abandoned sign" shall mean any sign that is on the premises upon which it is located and has been vacated for a period of more than ninety (90) days. Sign, Animated: "Animated sign" shall mean any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create a special effect or scene.
"Sign area" shall mean the measurable surface area of a sign, as calculated in section 17.62.060 of this title. Sign, Billboard: "Billboard sign" shall mean an outdoor advertising sign on which space is leased or rented. Sign, Blade/Bracket/Fin: "Blade/bracket/fin sign" shall mean a small, pedestrian oriented sign that projects perpendicular from a structure (bracket or fin sign) or is hung beneath a canopy (blade sign; may also be referred to as an "under canopy sign").
Sign, Building: "Building sign" shall mean a sign placed on a wall, awning, canopy, parapet, or a projecting sign.
Sign, Canopy: "Canopy sign" shall mean any sign that is part of or attached to an awning, canopy, or other material, or structural protective cover over a door, entrance, window, or outdoor service area.
Sign, Changeable Copy: "Changeable copy sign" shall mean a sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than once per day shall be considered an animated sign and not a changeable copy sign for purposes of chapter 17.62 of this title.
Sign, Commercial Message: "Commercial message sign" shall mean any sign wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity.
Sign, Construction: "Construction sign" shall mean an on site temporary sign identifying the names of individuals and/or firms connected with the construction of a project. Such signs may include the name of the project, lender, owner, developer, architect, contractor, address of business, and emergency contact information. Such signs may not be erected for longer than six (6) months, unless construction is actively occurring on the site.
Sign, Directory: "Directory sign" shall mean a pedestrian oriented sign that identifies or lists the names and locations of tenants at a multi-tenant site.
Sign, Flashing: "Flashing sign" shall mean an illuminated sign that exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination.
Sign, Freestanding: "Freestanding sign" shall mean a permanent sign that is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, or wall that is not an integral part of a building.
Sign, Future Tenant: "Future tenant sign" shall mean a sign erected for the purpose of advertising the future occupancy of a new tenant. Such signs may include the name of the tenants, the expected occupancy date, and the corporate logos or identification for the future occupant.
Sign, Garage, Yard, Estate, And Other Home Based Sales: "Garage, yard, estate, and other home based sales" shall mean the occasional nonbusiness public sale of secondhand household and other goods incidental to household uses by a person or persons from a location zoned for any residential densities as defined in division III of this title.
Sign, Gas Pricing: "Gas pricing sign" shall mean a sign identifying the brand, types, octane rating, etc., of gasoline for sale, as required by state law.
Sign, Governmental/Civic: "Governmental/civic sign" shall mean any temporary or permanent sign erected and maintained by or required by the city, county, state, or federal government for traffic direction, city entrance, or for designation of direction to any school, hospital, historical site, or public service, property or facility.
Sign, Home Occupation: "Home occupation sign" shall mean a sign located at a residence advertising a business conducted in the residence.
Sign, Illuminated: "Illuminated sign" shall mean a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. This includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes.
Sign, Incidental: "Incidental sign" shall mean a sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, including, but not limited to, a restroom and phone sign, credit card sign, or a sign indicating hours of business.
Sign, Menu/Order Board: "Menu/order board sign" shall mean a sign installed in a drive-through facility and intended for drive-through customers that advertises the products available at the facility (see section 17.62.050 of this title for standards).
Sign, Monument: "Monument sign" shall mean a freestanding sign constructed upon a solid appearing base or pedestal (see section 17.62.050 of this title for standards).
Sign, Nameplate: "Nameplate sign" shall mean a sign attached to a wall that identifies the occupant.
Sign, Noncommercial: "Noncommercial sign" shall mean any sign that does not bear a commercial message.
Sign, Nonconforming: "Nonconforming sign" shall mean a sign lawfully erected and legally existing at the time of the effective date hereof, but which does not conform to the provisions of this title (see section 17.62.090 of this title for standards).
Sign, Off Site Commercial: "Off site commercial sign" shall mean a sign that advertises a business conducted, a service rendered, or goods produced or sold at a location other than the site of the sign.
Sign, On Site Directional: "On site directional sign" shall mean a sign located on the same property as the business, primarily providing direction to guide vehicles and pedestrians to businesses, including, but not limited to, those signs identifying parking area and circulation patterns.
Sign, Pennant: "Pennant sign" shall mean any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.
Sign, Pole: "Pole sign" shall mean a freestanding sign supported by one or more metal or wood posts, pipes, or other vertical supports.
Sign, Portable: "Portable sign" shall mean any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs designed to be transported by means of wheels; signs configured as A-frame or T-frame; menu and sandwich board signs; and umbrellas used for advertising.
Sign, Reader Board: "Reader board sign" shall mean a sign on which copy is changed manually in the field or electronically, including, but not limited to, theater marquee signs, business directories, church and museum signs, and gas price signs.
Sign, Real Estate: "Real estate sign" shall mean any sign, temporary in nature, erected for the express purpose of advertising the rent, sale, or lease of the real estate property upon which it is erected.
Sign, Roof: "Roof sign" shall mean a sign installed on a roof or projecting above the eave of a building or mounted on an arcade or parapet.
Sign, Temporary: "Temporary sign" shall mean a sign not constructed or intended for long term use. Temporary signs are typically signs lasting less than thirty (30) days.
Sign, Time/Temperature: "Time/temperature sign" shall mean an electronic or mechanical device that shows time and/or temperature but contains no business identification or advertising.
Sign, Under Canopy: See definition of Sign, Blade/Bracket/Fin.
Sign, Vehicle: "Vehicle sign" shall mean a sign that is attached to and is an integral part of a motorized vehicle or bicycle used directly for the purpose of a particular business and not used primarily as a sign base.
Sign, Wall: "Wall sign" shall mean a sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in such a way as to be substantially parallel to such exterior building wall to which it is attached or supported by.
Sign, Window: "Window sign" shall mean a sign attached to, suspended behind, placed, or painted upon the window or glass door of a building and is intended for viewing from the exterior of such building.
Spa, Day: "Day spa" shall mean a business establishment which people visit for personal care treatments such as massages and facials, only for the duration of the treatment. In contrast, a "destination spa" offers the same services in a hotel setting where people reside for one or more days.
Storage, Accessory: "Accessory storage" shall mean the storage of various materials equaling twenty five percent (25%) of the total usage, including rental and party supply stores.
Storage, Indoor: "Indoor storage" shall mean the storage of various materials entirely within a structure, as the primary use of the structure. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.
Storage, Outdoor: "Outdoor storage" shall mean the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
Storage; Personal Storage Facility: "Personal storage facility" shall mean a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
"Street" shall mean a public or private way open to vehicular and pedestrian travel other than a freeway or other restricted accessway or alley.
Street, Arterial: "Arterial street" shall mean a street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic.
Street, Collector: "Collector street" shall mean a street, the principal function of which is carrying traffic from local streets to arterial streets.
Street, Cul-De-Sac: "Cul-de-sac street" shall mean a local street terminating in a turnaround.
Street, Local: "Local street" shall mean a street used primarily for access to abutting property and for moving local traffic.
Street, Private: "Private street" shall mean a way that is intended to afford a means of access to abutting lots and for moving local traffic. A private street is not owned or controlled by a government entity.
Street, Public: "Public street" shall mean a right of way dedicated to and accepted for public use, which affords a means of access to abutting property and a means of vehicular travel. A public street is owned or controlled by a government entity.
"Structural clay and pottery product manufacturing" shall mean manufacturing establishments engaged primarily in producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain products. Artist/craftsman uses are included in the uses "handcraft industries, small scale manufacturing", and "home occupations".
"Structure" shall mean anything constructed or erected for occupancy or use over three feet (3') in height and that which is permanently attached to the ground; including, but not limited to, a building, mobilehome or trailer. Does not include retaining walls, fences, poles and lampposts.
Structure, Attached: "Attached structure" shall mean any structure which is connected to any other structure by means of a roof, stairway, atrium, breezeway or other similar structural connection.
"Subdivision" shall mean division of improved or unimproved property for sale, lease, or financing.
Subdivision, Minor: "Minor subdivision" shall mean division of improved or unimproved property into four (4) or fewer parcels or units.
Subdivision, Standard: "Standard subdivision" shall mean the division of improved or unimproved property into five (5) or more parcels or units.
"Telecommunication facility" shall mean a facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including transmission tower, antenna, and/or other facility designed or used for that purpose. Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not "telecommunication facilities".
"Temporary real estate" shall mean the temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.
"Textile and leather product manufacturing" shall mean manufacturing establishments engaged in performing any of the following operations: coating, waterproofing, or otherwise treating fabric, dying and finishing fiber, yarn, fabric, and knit apparel, manufacture of knit apparel and other finished products from yarn, manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles, manufacturing of woven fabric, carpets and rugs from yarn, preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage, and upholstery manufacturing.
"Theaters and auditoriums" shall mean indoor facilities for public assembly and group entertainment, other than sporting events, including civic theaters, and facilities for "live" theater and concerts, exhibition and convention halls, motion picture theaters, public and semipublic auditoriums, similar public assembly uses. Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events (see definition of Outdoor commercial recreation).
"Tower" shall mean a mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. This definition includes ground mounted structures twelve feet (12') or greater in height and building mounted structures that extend above the roofline, parapet wall, or other roof screen with a mast greater than six inches (6") in diameter supporting one or more antenna, dishes, arrays, or other associated equipment.
"Trailer" shall mean an unpowered vehicle pulled by a powered vehicle.
"Transit stations and terminals" shall mean passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.
"Transitional housing" shall mean housing containing sleeping, kitchen, and bathroom facilities with supportive services for up to twenty four (24) months that is exclusively designated and targeted for recently homeless persons.
Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits 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.
"Utility facility" shall mean fixed base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in "offices", or equipment and material storage yards.
"Utility infrastructure" shall mean pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see definition of Offices, Business And Professional), or distribution substations (see definition of utility facility).
Vehicle, Commercial: "Commercial vehicle" shall mean a motor vehicle used for commercial, industrial or agricultural purposes and rated more than one ton (2,000 pounds) capacity. Examples of commercial use vehicles include, but are not limited to, tow trucks, flatbed trucks, mobile food preparation vehicles including large trucks converted as food vehicles (ice cream, etc.), street sweepers, buses, utility trucks with hydraulic arms or lifts, and tractors and semitrailers, etc.
Vehicle, Passenger: "Passenger vehicle" shall mean a motor vehicle having seating for between two (2) and ten (10) people, typically having four (4) wheels and being constructed principally for the transport of people rather than goods. Examples include cars, light trucks, and vans and typically exclude buses and those vehicles defined as commercial vehicles.
Vehicle (RV), Recreational: "Recreational vehicle (RV)" shall mean a wheeled enclosed piece of equipment containing a motor or towing device to facilitate travel. It is dually used as a temporary travel home and/or a full time home. RVs are commonly known as motorhomes, caravans, travel trailers, fifth wheel trailers, or truck campers.
"Vehicle services - maintenance and minor repair" shall mean minor facility specializing in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick lube, etc.). Does not include automobile parking (see definition of Parking facility/vehicle storage); repair shops that are part of a vehicle dealership on the same site (see definition of Auto and vehicle sales/rentals); automobile service stations, which are separately defined; or automobile dismantling yards, which are included under definition of Recycling facilities, Scrap and dismantling facility.
"Vehicle services - major repair/body work" shall mean the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories: major repair/body work; repair facility dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services; and also include tire recapping establishments.
"Vehicle storage" shall mean service establishments in the business of storing operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Does not include dismantling yards (classified in "recycling facility scrap and dismantling yards").
"Veterinary facility" shall mean a veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long term medical care. Grooming and boarding of animals is allowed only if accessory to the facility’s primary use.
"Warehouse retail" shall mean retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
"Warehousing" shall mean a facility for the storage of commercial goods of any nature. Includes cold storage. Does not include warehouse, storage or ministorage facilities offered for rent or lease to the general public (see definition of Storage; Personal Storage Facility) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see definition of Wholesaling and distribution).
"Wholesaling and distribution" shall mean establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
"Wineries, distilleries" shall mean manufacturing facilities where wine grapes are crushed, fermented, aged, bottled, and sold at wholesale as finished wine. May include tasting and accessory retail sales of wine produced on site. Processing of the products, without fermentation, is considered "agricultural products processing" as defined in this section.
"Wireless telecommunication related equipment" shall mean all equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cable, conduit, connectors, equipment pads, equipment shelters, cabinets, buildings, and access ladders.
"Wireless telecommunications facility" shall mean a facility that transmits andlor receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.
"Yard" shall mean an open space on the same zoning plot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward.
A. "Front yard" means a yard extending across the full width of the zoning plot and lying between the front property line and the nearest line of the principal building.
B. "Rear yard" means a yard extending across the full width of the zoning plot and lying between the rear property line and the nearest line of the principal building.
C. "Side yard" means the part of a yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front line, if there is no required front yard) to the required rear yard.
"Yard sale" shall mean a sale of used personal or household items held on the seller’s premises outside on the yard. (Ord. 533 §2(part), 2018; Ord. 473 §3, 2007).