Chapter 17.08 DEFINITIONS

Unless the context otherwise requires, or unless different definitions are set forth in individual chapters or sections of this title, the words or phrases defined in this chapter shall have the meaning and construction ascribed to them herein. When not inconsistent with the context, words in the singular shall include the plural and words in the plural shall include the singular. The word “shall” is mandatory and the word “may” is permissive. Words and phrases not defined in this chapter shall be as defined in the following sources and in the following order: other chapters of the Municipal Code, definitions contained in City-adopted chapters of the Uniform Building Codes, definitions contained in legislation of the State of California, and Webster’s Dictionary. [Ord. 772 § 17.02.010, 1986. Code 1987 § 17.02.010].

17.08.010 A definitions.

“Abut” means contiguous to. For example, two adjoining lots with a common property line are considered to be abutting.

“Access” or “access way” means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use.

“Accessory structure” means a structure, including patio cover located on the same lot with a principal building serving an incidental and secondary use to the main building or the use of the land. It shall not apply to “Second units.”

“Accessory use” means a use that is incidental and secondary to the principal use of the main building or the use of the land and devoted exclusively to the main use of the lot or building.

“Adjacent” means the same as abutting; however, public rights-of-way and major utility easements shall not be construed as separating “adjacent” uses.

“Agriculture” means the tilling of soil, the raising of crops, horticulture, small livestock farming, dairying or animal husbandry and related uses.

“Alley” means a public or private way at the side or rear of property providing secondary access to abutting properties.

“Amenity” means a natural or manmade feature which enhances a particular property but may or may not be a normal requirement of the zoning ordinance in order to develop the property.

“Animal hospital” means a place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care.

“Antenna” means any system of wires, poles, rods, reflecting discs or similar devices used for transmission or reception of electromagnetic waves, including having elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotatable through a vertical mast interconnecting the boom and a support for the antenna.

“Apartment house” means a structure containing four or more apartment units.

“Apartment unit” means one or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit not owned in fee simple.

“Architectural feature” means a part, portion, or projection that contributes to the beauty or elegance of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building or structure or to make said building or structure habitable.

“Area, gross” means the total horizontal area within a lot or parcel of land or within a designated portion of a lot or parcel of land.

“Area, net” means that portion of a lot or parcel of land exclusive of public rights-of-way, public easements, major utility easements, or other encumbrances which preclude the property owner from having full use of the entire surface of the land.

“Assembly use” means a meeting, recreational, or social facility of a private or nonprofit organization primarily for use by a member or guests, including union halls, social clubs, fraternal organizations, youth centers, and “places of religious assembly or institution” as defined in LEMC 17.08.160 (but not including schools as defined in LEMC 17.08.190).

“Automobile dismantling or wrecking” means the taking apart or stripping of used motor vehicles or trailers, or the storage, sale or salvaging of the vehicles or trailers and their metal or parts.

“Automobile parking” means parking of operational and street legal motor vehicles on a temporary basis within an off-street parking area.

“Automotive repair or service, including tire stores” means a facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.020 – 17.02.180, 1986. Code 1987 § 17.02.020 – 17.02.180].

17.08.020 B definitions.

“Bar” means an establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, or cocktail lounge.

“Basement” means a story of a building or structure partially or wholly underground and not having more than four feet of its height above the adjoining grade at any point.

“Bed and breakfast residence” means a home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel.

“Berm” means manmade mound(s) of earth, 18 inches in height or higher used for decorative, screening or buffering purposes.

“Bikeway” means a paved pathway, usually separated from streets and sidewalks, designed to be used by bicyclists.

“Boardinghouse” means a building or portion thereof where sleeping facilities for three or more persons and meals are provided for compensation on a regular basis.

“Botanical garden or arboretum” means a public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.

“Breezeway” means a roofed passage way, open on at least one side, the design and construction of which is in keeping with that of the main building and which provides direct access between a main and attached accessory building.

“Buffer area” means an area of land used to visibly separate one use from another or to shield noise, lights or other possible nuisances.

“Building” means any structure built or maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The word “building” as used in this title includes the word “structure.”

Building, Accessory. See “Accessory structure.”

“Building coverage” means the gross area of a lot or parcel of land occupied by all of the ground floor of a building or structure which is under roof. As a percentage, it is the relationship between the ground floor area of the building under roof and the net area of the site.

“Building height” means the maximum vertical distance between the ground and the uppermost part of the structure through any vertical section.

“Building, main” means a building within which is conducted the principal permitted use on the lot, as provided by this title.

“Building, nonconforming” means a building or a portion thereof lawfully existing pursuant to the ordinances in effect at the time of its construction or subsequent alteration, but which does not comply with any development criteria adopted at a later date.

“Bus turnout” means a paved indentation at the side of a roadway designed to allow buses to pick up and discharge passengers.

“Business” means the purchase, sale or other transaction or place thereof involving the handling or disposition of any article, substance or commodity for livelihood or profit, including in addition, operation or provision of any service or service establishment, office building, outdoor advertising sign and/or structure, recreational and/or amusement enterprise conducted for livelihood or profit.

“Business face” means the square footage of the front of the building or store unit, computed by multiplying the lineal frontage by the height extending from finished grade to the ceiling line of the most upper story. For the purpose of this title, each side of the building or store unit upon which a sign may be located shall also be considered a business face.

“Business frontage” means the lineal footage of any side of a business building facing an adjacent street or the unit’s designated automobile parking area and upon which a sign may be located. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.190 – 17.02.340, 1986. Code 1987 § 17.02.190 – 17.02.340].

17.08.030 C definitions.

“Car wash” means a permanent, self-service or full-service establishment that provides facilities for car washing.

“Cardroom” means an establishment duly licensed pursuant to Chapter 5.44 LEMC containing tables and other similar conveniences for card playing and the playing of such games as may be permitted under the provisions of Section 330 of the Penal Code of the State of California.

“Caretaker quarters” means a permanent residence that is provided as an accessory use to a nonresidential use, used as a residence for a caretaker household for security purposes, or to provide 24-hour monitoring of the site or any person or thing on the site.

“Carport” means a roofed structure, open on two or more sides, designed for automobile parking.

“Catering service” means a business that prepares food for consumption off premises.

“Check cashing service” means a place of business where one can cash a check for a fee.

“Cigar lounge” means an establishment where patrons may purchase and smoke cigars, upon written clearance from the State of California Department of Health.

“Circulation Element” or “master plan” means the adopted Circulation Element of the General Plan of the City of Lake Elsinore which designates routes for all streets and arterial highways within the City.

“City” means the City of Lake Elsinore.

“Clinic” means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight.

“Cluster development” means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.

“Commercial use” means a business, normally involving office, retail sales, or service uses.

“Commission, Planning” means the Planning Commission of the City of Lake Elsinore unless another commission is specifically referenced.

“Common area” means land in a development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner.

“Condominium” or “condominium development” means a building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional basis, as generally described in Section 783 of the California Civil Code.

Convalescent Home. See “Rest home.”

“Conventional development” means a development other than a condominium apartment or cluster development, with each dwelling unit situated on a single residential lot of record and not having a common wall.

“Council, City” means the City Council of the City of Lake Elsinore.

“Country club” means a club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.

“County” means the County of Riverside.

“Court yard” means an open, unoccupied space, other than a required yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building(s). [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.350 – 17.02.490, 1986. Code 1987 § 17.02.350 – 17.02.490].

17.08.040 D definitions.

“Day care facility” means a facility that provides nonmedical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the State. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements; provided, that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment.

“Day care, large family” means the use of a residential dwelling unit and the lot upon which it is located for the daytime care of seven to 12 children or elderly adults including any children or elderly adults who normally reside on the premises.

“Day care, small family” means the use of a residential dwelling unit and the lot upon which it is located for the daytime care of six or fewer children or elderly adults including those who reside at the home.

“Density, gross” means the number of dwelling units within the gross area of a project divided by the total number of gross acres.

“Density, net” means the number of dwelling units within a project divided by the number of net acres.

“Design review” means the process of City review and approval of development proposals pursuant to the provisions of LEMC 17.415.050 and 17.415.060.

“Director” means the Director of Community Development for the City of Lake Elsinore, or his designee.

“Display frontage” means the lineal footage of the front of an area used for display and sale of merchandise located outdoors; typically the portion of a display area facing a street or automobile parking area.

“District” means a specifically delineated area or district in a municipality within which regulations and requirements uniformly govern that use, placement, spacing, and size of land and buildings.

“Drive-in” means an establishment which provides parking facilities and service to those facilities in order that patrons may utilize on-site goods and/or services without leaving their vehicles. Said drive-in service may be in conjunction with, or exclusive of, any other form of service, including drive-through or conventional seating.

“Drive-through” means an establishment which offers service via a convenience automobile drive aisle and associated facilities in order that patrons may utilize goods and/or services without leaving their vehicles. Said drive-through service may be in conjunction with, or exclusive of, any other form of service, including drive-in or conventional seating.

“Driveway” means an unobstructed paved area providing access to a vehicle parking, loading, or maneuvering facility.

“Duplex” means a structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance.

Dwelling, Multiple-Family. See “Apartment.”

“Dwelling, single-family attached” means two dwelling units, each owned in fee and located on individual lots but joined along a single lot line, each of which is totally separated from the other by an unpierced wall extending from ground to roof.

“Dwelling, single-family detached” means a dwelling unit owned in fee and located on an individual lot which is not attached to any other dwelling unit by any means.

“Dwelling unit” means a building designed exclusively for the occupancy of one family for living and sleeping purposes and having a kitchen facility for only one family. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.500 – 17.02.650, 1986. Code 1987 § 17.02.500 – 17.02.650].

17.08.050 E definitions.

“Eating place” means an establishment which is used for the serving of food and beverages to patrons for compensations, exclusive of those establishments offering only convenience seating (eight or fewer seats) or offering just take-out service.

Educational Institution. See “School.”

“Elementary school” means a “school” for grades typically kindergarten through eighth.

“Emergency shelter” means immediate and short-term housing with supportive services for homeless persons that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay.

“Employees quarters” means that portion of the main building or a detached building used exclusively for the housing of agricultural and domestic employees working on the premises where such quarters are located.

“Enclave” means a cluster or grouping of development in conformance with the natural hillsides and ridgelines having as its purpose the creation of a meaningful neighborhood unit and the preservation of significant amounts of hillside and ridgeline terrain in its natural state.

“Enclosed building or structure” means a building enclosed by a permanent roof and on all sides by solid exterior walls pierced only by windows and customary entrance and exit doors.

“Enclosed space” means an area enclosed on all sides by a solid physical barrier, such as a solid wood fence or masonry wall.

“Equestrian trail” means a natural surfaced path for equestrian use.

“Erect” means to build, construct, attach, hang, place, suspend, or fix with regards to a structure.

“Exterior boundary” means the perimeter of any lot or parcels of land or group of lots or parcels to be developed as an integrated project. [Ord. 1309 § 4 (Exh. A), 2013; Ord. 772 §§ 17.02.660 – 17.02.750, 1986. Code 1987 § 17.02.660 – 17.02.750].

17.08.060 F definitions.

“Facade” means the exterior wall of a building.

“Factory-built home” means a dwelling unit that is constructed and assembled at a factory and transported to the building’s site and placed on a prebuilt foundation.

“Family” means one or more persons immediately related by blood, marriage or adoption living together as a single housekeeping unit in a dwelling unit together with any domestic employees. A group of not more than six unrelated persons living together as a single housekeeping unit with their domestic employees shall also be considered a family.

“Farm” means a parcel of land used for agricultural activities.

“Fast food place” means an establishment which is used for the serving of food and beverages to patrons for compensation and which provides only convenience seating (eight or fewer seats) and/or offers just take-out service.

“Fence” means any device forming a physical barrier between two areas and constructed of chainlink, louver, stake, masonry, or lumber in accordance with adopted City standards.

“Financial institution” means a facility offering financial services such as a bank, credit union, savings and loan, or finance company.

“Floor area, gross” means the total horizontal area of a building under roof, in square feet, including to the outside of the exterior walls of all floors.

“Floor area ratio” means the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total net area of such lot or parcel of land.

“Food establishments” means the serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, or restaurant.

“Fortunetelling” means a business wherein the telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, including but not limited to clairvoyance, clairaudience, cartomancy, psychometry, phrenology, tea leaves, augury, astrology, palmistry, handwriting analysis, telepathy, card reading, crystal gazing or magic of any kind or nature.

“Frontage” means with regards to a lot, that side of a lot abutting on a street; typically, the front lot line. With regards to a building, see “Business frontage.” [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.760 – 17.02.840, 1986. Code 1987 § 17.02.760 – 17.02.840].

17.08.070 G definitions.

“Garage, private” means an enclosed building, or a portion of a building, used primarily for automobile parking. Garages shall not be used for habitation.

“Garage, public” means an enclosed building, other than a private garage, used for the maintenance or temporary storage of motor vehicles.

“Gasoline dispensing establishments” means a business including service stations and other places where motor fuels are dispensed.

“General Plan” means the adopted General Plan of the City of Lake Elsinore.

“Government facility” means any facility owned and operated by city, county, state or federal governments, regardless of the use.

“Grazing” means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown, as the principal subsistence of the livestock so grazed.

“Greenhouse” means a building or structure including lathhouses which is devoted solely to the propagation, protection or cultivation of flowers or other plants.

Gross Lot Area. See “Lot area.”

“Group quarters” means a dwelling housing related individuals.

Guest Quarters. See “Second unit.”

“Gun and ammunition sales” means any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.850 – 17.02.930, 1986. Code 1987 § 17.02.850 – 17.02.930].

17.08.080 H definitions.

“Health, fitness or exercise club” means a facility, owned or operated by a corporation, association, person or persons, for a recreational purpose, to which membership is required for participation.

“Home occupation” means a use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment or property values of the neighborhood.

“Homeowners’ association” means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping or facilities.

“Hookah bar” means an establishment where patrons communally smoke flavored tobacco, upon written clearance from the State of California Department of Health.

“Hospital” means a facility licensed by the State Department of Public Health for the accommodation and medical care of sick, injured or infirm persons and includes sanitariums, alcoholic sanitariums and institutions for the cure of drug addicts and mental patients.

“Hotel or motel” means a building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guest rooms that are designed and intended for paid overnight lodging on a short-term basis. The terms “hotel” and “motel” may be used interchangeably.

“Housing, permanent” includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, and townhouses.

“Housing, temporary” means a facility for transient occupancy, such as a hotel or a bed and breakfast residence. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.940 – 17.02.970, 1986. Code 1987 § 17.02.940 – 17.02.970].

17.08.090 I definitions.

“Industry” means the manufacture, fabrication, processing or reduction of any article, substance or commodity or any other treatment thereof in such a manner as to change the form, character or appearance thereof. In addition, it shall include trucking facilities, warehousing, storage facilities, businesses serving primarily industry, and similar enterprises.

“Infrastructure” means any and all of the public facilities and services needed for development of a lot or parcel of land.

“Institutional use” means a nonprofit or quasi-public use or institution, such as a library, public or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose.

“Island, traffic” means a raised barrier, sometimes landscaped, located in a vehicle travel path for the purpose of directing circulation patterns. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 1259 § 2, 2009; Ord. 772 §§ 17.02.980 – 17.02.1010, 1986. Code 1987 § 17.02.980 – 17.02.1010].

17.08.100 J definitions.

Junkyard. See “Wrecking yard or salvage operation.” [Ord. 772 § 17.02.1020, 1986. Code 1987 § 17.02.1020].

17.08.110 K definitions.

“Kennel” means any property where four or more dogs or cats, over the age of four months, are kept or maintained for the purpose of boarding, breeding, raising, or training.

“Kiosk” means a freestanding structure upon which temporary information and/or posters, notices and announcements are posted.

“Kiosk for retail sales” means any portable, nonmotorized, nonwheeled, semipermanent structure used for the sale of retail goods, food, and/or beverages, and licensed by the City.

“Kitchen” means any area of a building intended or designed to be used or maintained for the cooking and/or preparation of food. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.1030 – 17.02.1050, 1986. Code 1987 § 17.02.1030 – 17.02.1050].

17.08.120 L definitions.

Land Use District. See “District.”

“Landscaping” means the planting and maintenance of a combination of trees, shrubs, vines, ground cover, flowers or lawns. In addition, the combination of design which may include natural features such as rock and stone, and structural features, including but not limited to water elements, artworks, decorative walks, decorative walls, and benches.

“Library” means a public, quasi-public or privately owned facility that is open to the public for the primary use of literary, musical, artistic or reference materials.

“Live/work unit” means buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

“Loading area” means the portion of a site developed to accommodate loading spaces including the related aisles, access drives, and buffers.

“Loading space” means an off-street space or berth on the same lot and contiguous with the building it is intended to serve, for the temporary parking of commercial vehicles while loading or unloading. Loading spaces shall not make use of public rights-of-way for the maneuvering of vehicles utilizing the space nor shall they encroach in parking areas or drive aisles.

“Lot” means any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a parcel map.

“Lot area” means the total area within the property lines of a lot.

“Lot, corner” means a lot at the junction of two or more intersecting streets with a boundary line thereof abutting on each of the streets.

Lot Coverage. See “Building coverage.”

“Lot, interior” means a lot other than a corner lot or reversed corner lot.

“Lot, key” means a lot, the side line of which adjoins the rear line of one or more adjoining lots.

“Lot, reversed corner” means a corner lot, the street side of which is substantially a continuation of the front lot line of the first lot to its rear. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.1060 – 17.02.1160, 1986. Code 1987 § 17.02.1060 – 17.02.1160].

17.08.130 M definitions.

“Main building or structure” means a building or structure in which is conducted a main use of the lot or parcel of land upon which it is situated.

“Main use” means any use of a building, structure, or land which is not clearly and entirely incidental, secondary, or accessory to some other use on the same parcel or unit of development.

“Manufactured home or housing” includes mobilehomes and refers to all housing units built in a factory in one or more sections to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974, transported over the highways to a permanent occupancy site, and installed on the site with a permanent foundation.

“Massage establishment” means any fixed place of business where any individual, firm, association, partnership, or corporation engages in, conducts, or permits massages or health treatments involving massage on the premises.

“Medical marijuana dispensary” means a facility where medical marijuana is provided to a qualified patient, a person with an identification card, or to a qualified, primary caregiver, all of whom are defined in California Health and Safety Code Sections 11362.5 and 11362.7 et seq. as such sections may be amended from time to time.

“Medical office” means an establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7:00 a.m. until 10:00 p.m.

“Mini-warehouse” means a building or structure designed and/or operated to provide individual spaces to the general public for the sole purpose of storage. Other uses of such facilities shall not be permitted.

“Mixed use development (MXD)” means the development of a tract of land or building or structure with two or more different uses such as, but not limited to, residential, office, retail, public, or entertainment, in a compact urban form.

“Mixed use district” means a zoning district that allows development on a single parcel or on adjacent parcels that contains different land uses (e.g., residential, commercial, professional office, civic, or recreation) that are complementary to each other.

“Mixed use horizontal development” means development that combines two or more types of land uses (e.g., residential, commercial, professional office, civic, or recreation) on a single development site, but not necessarily in the same building; typically nonresidential uses are located adjacent to the street and residential uses are located away from major streets behind nonresidential uses.

“Mixed use vertical development” means development that combines two or more types of land uses (e.g., residential, commercial, professional office, civic, or recreation) in a single building in a vertical configuration, typically with residential uses located above nonresidential uses.

“Mobilehome” means a structure, transportable in one or more sections, which is at least eight feet in width and 32 feet in length, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required facilities.

“Mobilehome park” means any area or tract of land designed for the parking or other type of installation of mobilehomes on spaces or lots offered for lease or rent, including all improvements, buildings, structures, recreation areas, or other facilities for the use of the residents of such development.

“Mobilehome subdivision” means the same as “mobilehome park” except that lots are offered for sale or condominium ownership.

Motel. See “Hotel or motel.”

“Mound” means a raised embankment of earth a minimum of 18 inches in height intended as a landscape feature and/or to screen an area from sight or sound.

“Multi-phase development” means a development that is constructed in increments, each increment being capable of existing independently of the others.

“Museum” means a building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged, intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.1170 – 17.02.1270, 1986. Code 1987 § 17.02.1170 – 17.02.1270].

17.08.140 N definitions.

“Net density” means the average number of dwelling units divided by the project acreage exclusive of public streets and other public dedications.

“Net lot area” means the total area within the property lines of a lot exclusive of public streets or other public dedications of any easements which preclude the property owner from having full use of the property for the purpose(s) for which it is designated.

“Nightclub” means a commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment are permitted. Includes discotheques and dance halls.

“Nonconforming structure, sign or building” means a structure, sign or building, the size, dimensions of, location of, which was lawful prior to the adoption, revision or amendment to a zoning or district ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning or district regulations.

“Nonconforming use” means a use of a building or property which was lawful prior to the adoption, revision or amendment to conform to the present requirements of the zoning or district regulations.

Nursing Home. See “Rest home.” [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.1280 – 17.02.1320, 1986. Code 1987 § 17.02.1280 – 17.02.1320].

17.08.150 O definitions.

“Off-street parking space” means a temporary storage area for a motor vehicle that is not located on a street right-of-way, dedicated or private.

“On-street parking space” means a temporary storage area for a motor vehicle which is located on a street right-of-way.

“Open air market” means an establishment for the sale of fresh agricultural produce and related products, and licensed by the City.

“Open space, common” means any parcel or area of land or water set aside, dedicated, designated or reserved for use and enjoyment of all owners and occupants of a project. Usable common open space shall constitute area(s) readily accessible, practical, and generally acceptable for active and/or passive recreation uses, in no case shall common open space include required setback areas or contain structures other than those intended for landscape or recreational purposes.

“Open space, private” means a fenced or otherwise screened area designated for a specific tenant or resident and which is devoid of structures and improvements other than patio covers or those structures or improvements intended for landscape or recreational purposes.

“Open space, public” means open space maintained for the use and enjoyment of the general public. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.1330 – 17.02.1370, 1986. Code 1987 § 17.02.1330 – 17.02.1370].

17.08.160 P definitions.

“Parcel” means an area, parcel, site, piece of land, or property which is the subject of a development action.

“Park” means a noncommercial public outdoor recreational area that provides active or passive activities. Includes playgrounds.

“Parking area or lot” means a portion of a site devoted to the temporary parking of motor vehicles, including the actual parking spaces, aisles, access drives, and related landscaped area.

“Parking facility” means an open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business.

“Parkway” means a portion of a street or highway right-of-way between the back of the curb and the right-of-way line and which is not intended to be used as part of the roadway.

“Patio house” means a single-family dwelling on a separate lot with open space setbacks on three sides and with a court. Patio homes may be attached to similar houses on adjacent lots and still meet this definition.

“Pawn shop” means an establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a conditional use permit application is filed, reviewed, and approved by the Planning Commission.

“Permitted use” means any use allowed within district regulations and subject to the restrictions applicable to that zoning or land use district.

“Personal service” means an establishment that offers services to its customers by an act or useful labor, including a barber shop, beauty salon, day spa, manicure, tailor, dry cleaning, laundromat, small appliance repair (household, television, stereo system, computer), watch and jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental (office only), computer rental, cyber cafe, or package, postal and mailbox service.

“Pet, household” means an animal clearly considered customary to a residential use, e.g., dogs, cats, birds, and fish.

“Pet shop” means an establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United States or are wild by nature. No boarding of animals is permitted.

“Pharmacy” means an establishment where medications are dispensed by licensed pharmacists.

“Philanthropic or charitable organization” means an establishment engaged in the giving of foods, goods, financial assistance, or grants, or offering services or other socially useful programs on a benevolent, nonprofit basis.

“Places of religious assembly or institution” means places of religious assembly or institution including, but not limited to: churches, mosques, synagogues, temples, halls, or other structures or land used by people for purposes of religious exercise.

“Planned residential development” means the same as “planned unit development.”

“Planned unit development (PUD)” means a development to be constructed by a person or corporate body, involving a variety of residential designs, planned as a total entity, and subject to approval, development regulation and maintenance as comprehensive land use plan.

“Planning Commission” means the Planning Commission of the City of Lake Elsinore.

“Planning unit area” means parcels of land identified within a specific plan land use map with a clearly identified land use title and having established regulatory controls.

“Preliminary site plan” means a preliminary plan developed to identify the location and general relationship between land uses, improvements, structures, circulation systems, landscaping and design elements and typically submitted to the Director of Community Development for review and comment prior to any required formal submittal to the Planning Commission or City Council.

“Premises” means a lot or a building site, or a specified portion of a lot or building site, that contains the structures and the open space needed for the location, maintenance and operation of the use of the property.

“Private” means belonging to or restricted for the use or enjoyment of particular persons.

“Professional office” means an office used by persons who provide services that require a state license or certificate, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, and business incubators, but does not include a veterinary office or kennel, nor any adult-oriented business.

“Public” means belonging or open to, enjoyed and used by and/or maintained for the public generally, but not limited to a facility the control of which is wholly or partially exercised by some governmental agency including the City of Lake Elsinore.

“Public utility installation” means buildings and other structures and equipment owned and operated by a public utility or private utility company subject to regulation by the State Public Utilities Commission. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 1259 § 3, 2009; Ord. 772 §§ 17.02.1380 – 17.02.1530, 1986. Code 1987 § 17.02.1380 – 17.02.1530].

17.08.170 Q definitions.

“Quasi-public” means a use which involves as its primary purpose, the administration of a required government program or a government regulatory program. [Ord. 772 § 17.02.1540, 1986. Code 1987 § 17.02.1540].

17.08.180 R definitions.

“Recreation facility” means an establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, and indoor party center.

“Recreational apparatus or vehicle” means any device which may be used for camping or recreational purposes and which, with the exception of vehicle and/or utility trailers, is not currently registered for operation on public streets including, but not limited to, camper units, shells, travel trailers, vehicle trailers, utility trailers, boats, airplanes, gliders, off-highway vehicles, and other devices used for recreational purposes.

“Residential care facility” means, in accordance with Section 1502 of the Health and Safety Code, any family home, group care facility or similar establishment for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

Restaurant. See “Eating place.”

“Rest home” means premises operated as a boarding home, and in which nursing, dietary and other personal services are furnished to convalescents, invalids, and nonambulatory aged persons. It does not include premises in which persons suffering from a mental sickness, disease, disorder or ailment or from a contagious or communicable disease are kept, or in which surgical or other primary treatments are performed, such as are customarily provided in sanitariums or hospitals or in which persons are kept or served who normally would be admittable to a mental hospital.

“Retail” or “retail sale” means the selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit and gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), and antiques.

“Room addition” means an added room that takes access from interior of a principal residential unit. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.1550 – 17.02.1590, 1986. Code 1987 § 17.02.1550 – 17.02.1590].

17.08.190 S definitions.

Salvage Operation or Yard. See “Wrecking yard or salvage operation.”

“Sanitarium” means an institution where mental or drug addict patients are housed and where medical or post-surgical treatment is provided.

“Sanitary sewers” means pipes that carry only domestic or commercial sewage and into which storm, surface, and groundwaters are not intentionally admitted.

“Satellite dish antenna” means a parabolic and/or disc-shaped antenna of either solid or mesh construction, intended for the purpose of receiving communications from an orbiting satellite transceiver.

“Scenic easement” means an easement, the purpose of which is to limit development in order to preserve a view or scenic area.

“Scenic highway” means any highway designated as a Scenic Highway by an agency of the City, County, State or Federal government.

“School” means public, parochial and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, high school, and collegiate levels. Such institution must either (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or (2) confer degrees as a college or university of undergraduate or graduate standing. This definition does not include schools, academies or institutions, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

“School, trade” means private schools offering instruction in the technical, commercial or trade skills.

“Screening” means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

“Second unit” means a subordinate dwelling unit with complete and independent living facilities attached to or contained within a single-family detached dwelling.

“Senior citizen housing, congregate care” means a residential complex intended for the sole occupancy by residents 62 years of age and older and having a common dining facility and no kitchen facilities in the individual units.

“Senior citizen housing, individual living” means an “apartment” complex intended for the sole occupancy by residents 62 years of age and older.

“Septic systems” means an underground system tank used for the decomposition of domestic wastes.

“Service” means an act, or any results of useful labor, which does not in itself produce a tangible commodity.

“Service station” means a “gasoline dispensing establishment” offering the sale of gasoline, oil, minor accessories, and minor repair services done indoors for the operation of motor vehicles but not including painting, body work, restoration, auto wrecking, salvaging, radiator rodding or rebuilding, and other than occasional major motor overhauls.

“Setback” means the area between the building line and the nearest property line.

“Shopping center” means a group of four or more commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on site, provisions for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

“Short-term rental” means a rental unit as defined in Chapter 5.86 LEMC.

“Sidewalk” means a paved surface or leveled area separated from the street and used as a pedestrian walkway.

“Sidewalk vendor” means a person or entity who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.

“Sign” means any device or part thereof capable of visual communication or attraction including any announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person, partnership, association, corporation, institution, organization, product, service, event, location or other business entity by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. “Sign” shall not include any official notice, directional, warning, or information signs or structures issued by any Federal, State, County or municipal authority.

“Sign, animated or moving” means any sign or part of a sign which changes physical position by any movement or rotation of which gives the visual impression of such movement or rotation.

“Sign, area” means and is computed as the entire area within a geometric pattern enclosing the limits of writing, representation, emblem, or any figure together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; provided, that in the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface visible from any ground position. The supports, uprights, or structures on which any sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are designed in such a manner as to form an integral background of the display.

“Sign, freestanding” means any nonmovable sign not affixed to a building.

“Sign, monument” means a freestanding sign no taller than six feet in height and which is incorporated into a project’s landscape design.

“Sign, pole” means a freestanding sign, the supports or uprights of which have received no substantial architectural enhancement.

“Sign, portable” means any movable external sign that is not permanently secured or attached to an approved structure, support, or anchor.

“Sign, roof” means a sign erected wholly upon or above the roof or highest horizontal plane of a building or structure. Signs placed on portions of a building, the structure of which serves primarily to circumvent the intent of this section, shall be considered roof signs.

“Sign, temporary” means a sign intended to be displayed for a limited period of time. Such signs shall be constructed of cloth, canvas, fabric, wood, or plastic.

“Sign, wall” means a sign of solid face construction or individual letters which is mounted to and parallel with an exterior wall of a building. Letters and figures incorporated into such signs shall protrude from the sign face. However, in no case shall any part of a wall sign extend more than one foot out from the surface of the wall upon which it is mounted.

Small Family Day Care Home. See “Day care, small family.”

“Specimen tree” means a tree of at least 36-inch box size.

“Storage area” means an area used or intended for the storage of materials, refuse, or vehicles and equipment not in service. Storage areas shall not incorporate any other areas of project development such as parking areas, landscaping, and yard areas unless specifically authorized by the applicable land use regulations.

“Story” means that portion of building between the upper surface of any floor and the upper surface of the floor next above, except that if there is no floor above, then the space between such floor and the ceiling or roof above.

“Street” means a public or private vehicular thoroughfare or right-of-way, other than an alley, which serves as primary access to a property or residential unit and which is wider than 26 feet in width, curb to curb.

“Street furniture” means manmade, aboveground items that are usually found in a street right-of-way such as hydrants, manhole covers, benches, traffic lights and signs, utility poles and lines, parking meters, and the like.

“Structure” means anything that is built or constructed and requires a fixed location on the ground, including a building, wall, cover, or other edifice of any kind.

“Studio/workshop” means a studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, martial arts, and cooking.

“Subdivision” means the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

“Swap meet” means a building (indoor) or outdoor area in which stalls or sales areas are set aside, rented or otherwise provided, which are used by unrelated individuals to sell, trade, exchange, place on consignment, or swap articles that are either new, homemade, homegrown, old, antique, or obsolete. Includes flea market or farmers’ market.

“Swimming pool” means any tank or pool created by artificial means and designed for the purpose of containing a body of water offering the possibility of use for swimming, bathing or total body immersion and any portion of which exceeds 24 inches in depth and which pool or tank is not readily portable in design or construction. [Ord. 1465 § 4 (Exh. B § 1), 2022; Ord. 1412 § 9, 2019; Ord. 1309 § 4 (Exh. A), 2013; Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.1600 – 17.02.1960, 1986. Code 1987 § 17.02.1600 – 17.02.1960].

17.08.200 T definitions.

“Tattoo” means an establishment that provides body art designs and service, including body piercing, for its customers; provided, that the business owner complies with all applicable requirements of the County Health Department, County Sheriff’s Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site.

Tavern. See “Bar.”

“Temporary structure” means a structure which is permitted within a land use district without any foundation or footing and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“Temporary use” means a use permitted within a land use district and established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

“Terracing” means an erosion control method that uses small hills and contours on the land surface to control flooding and runoff.

“Theater” means a building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances.

“Thrift store” means a for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise.

“Tot lot” means an improved and equipped play area for small children.

“Tower” means any fabricated structure or device, including guy wires, used to support one or more antennas as defined herein and to maintain said antennas at the proper elevation.

“Townhouse” means a single-family attached dwelling in a row of such units in which each unit has its own front and rear access to the outside and no unit is located over another.

“Tract” means an area, parcel, site, piece of land, or property which is the subject of a residential development action involving five lots or more.

“Tract house” means a dwelling in a residential development containing houses similar in size and appearance.

“Trailer” means a structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupation, carrying materials, goods or objects, or as a temporary office.

“Transfer of development rights (TDRs)” means the removal of the right to develop or build, expressed in dwelling units per acre, from one parcel to another parcel where such transfer is permitted.

“Transitional housing” means buildings configured as rental apartment developments, that operate under program requirements which call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, and no more than two years. Appropriate sites for the transitional housing development should include those close to public services and facilities including transportation.

“Triplex” means a dwelling containing three dwelling units, each of which has direct access to the outside or to a common wall.

“Truck terminal” means premises used for the parking, servicing, repairing, or storage including the storage for rental or leasing purposes, of any truck except where such use is incidental to a permitted use, servicing only said permitted use, and wholly owned by the owners of the permitted use. [Ord. 1309 § 4 (Exh. A), 2013; Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.1970 – 17.02.2090, 1986. Code 1987 § 17.02.1970 – 17.02.2090].

17.08.210 U definitions.

“Undeveloped land” means land in its natural state before development.

“Unique natural feature” means that part of natural environment which adds character to a location and which, if altered or damaged, cannot be artificially replaced.

“Use” means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is, or may be, occupied or maintained. A use may be passive. For example, parking and/or storage is a use of property. [Ord. 772 §§ 17.02.2100 – 17.02.2120, 1986. Code 1987 § 17.02.2100 – 17.02.2120].

17.08.220 V definitions.

“Variance” means permission to depart from the literal requirements of the zoning ordinance because of a hardship to the property owner. A hardship may not be self-imposed nor shall economic considerations constitute the principal reason for the hardship. Any variance approved shall be the least deviation from the ordinance necessary to alleviate the hardship.

Veterinary Clinic. See “Animal hospital.” [Ord. 772 §§ 17.02.2130, 17.02.2140, 1986. Code 1987 § 17.02.2130, 17.02.2140].

17.08.230 W definitions.

“Wing wall” means an architectural feature in excess of six feet in height, which is a continuation of a building wall projecting beyond the exterior walls of a building.

“Wireless telecommunications facility” means a facility that radiates or receives commercial cellular communications service and/or data radio signals to/from ground-mounted, building-mounted or structure-mounted poles, towers or antenna.

“Wrecking yard or salvage operation” means any operation or the use of any portion of a lot for the dismantling of machinery, materials, goods or possessions, or for the storage and/or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap materials, machinery, goods or possessions. [Ord. 1300 § 4 (Exh. A), 2012; Ord. 772 §§ 17.02.2150, 17.02.2160, 1986. Code 1987 § 17.02.2150, 17.02.2160].

17.08.250 Y definitions.

“Yard” means an open space that lies between the principal building and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided for in the zoning ordinance. Unless otherwise specified, a yard is fully landscaped.

“Yard, required” means a yard, as defined herein, that occupies the area of a required setback. [Ord. 772 §§ 17.02.2170, 17.02.2180, 1986. Code 1987 § 17.02.2170, 17.02.2180].

17.08.260 Z definitions.

“Zero lot line development” means the location of a building on a lot in such a manner that one or more of the building’s sides rests directly on a lot line and complies with all fire code requirements for construction on a lot line. Zero lot line development shall not have the same meaning as “swap easement development.”

Zone or Zoning District. See “District.”

“Zoning ordinance” means the comprehensive zoning ordinance of the City of Lake Elsinore (this title). [Ord. 772 §§ 17.02.2190 – 17.02.2210, 1986. Code 1987 § 17.02.2190 – 17.02.2210].