Division V. Definitions

Chapter 18.96
LAND USE DEFINITIONS

Sections:

18.96.010    Purpose.

18.96.020    Residential uses.

18.96.030    Agriculture, resource, and open space uses.

18.96.040    Recreation, education, and public assembly uses.

18.96.050    Utility, transportation, and communication uses.

18.96.060    Retail, service, and office uses.

18.96.070    Automobile and vehicle uses.

18.96.080    Industrial, manufacturing, and processing uses.

18.96.010 Purpose.

The purpose of this chapter is to provide definitions for each of the land use categories listed in the permitted use matrices in Division III (Table 18.38.030-1; Table 18.42.030-1; Table 18.46.030-1; and Table 18.50.030-1). The uses within these tables are divided into similar categories of uses (e.g., residential, recreation, retail). The land use descriptions are categorized by land use type in alphabetical order. (Ord. 738 § 1 (Exh. A) (part), 2013).

18.96.020 Residential uses.

“Duplex” means a building designed as a single structure and having one owner, and containing two separate living units, each of which is designed to be occupied as a separate permanent residence for one family.

“Family day care home, large” means state-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than twenty-four hours within a single-family residence. The occupant of the residence provides care and supervision generally for seven to fourteen children. As described in the California Health and Safety Code, large day care homes may provide services for up to sixteen children when specific conditions are met.

“Family day care home, small” means state-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than twenty-four hours within a single-family residence. The occupant of the residence provides care and supervision generally to six or fewer children. As described in the California Health and Safety Code, small day care homes for children may provide services for up to eight children when specific conditions are met.

“Group care facility (large)” means state-licensed facilities that provide nonmedical care and supervision for more than six adults for periods of less than twenty-four hours, with no overnight stays.

“Group care facility (small)” means, as defined by state law, the provision of nonmedical care to six or fewer adults, including seniors, in the provider’s own home, for a period of less than twenty-four hours at a time. Homes serving more than six adults are included in the definition of “group care facility, large.”

“Live/work unit” means 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 facilities in compliance with the California Building Standards Code; and/or

B.    Working space reserved for and regularly used by one or more occupants of the unit.

“Manufactured housing” means a single-family detached dwelling unit constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended. This definition is intended to include mobile homes and modular homes which meet federal standards for manufactured homes. The California Health and Safety Code, Section 18007, defines a manufactured home as a structure that meets the following criteria:

A.    Transportable in one or more sections;

B.    When in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet;

C.    Built on a permanent chassis;

D.    Designed to be used as a residential dwelling;

E.    Erected with or without a permanent foundation when connected to the required utilities; and

F.    Includes the plumbing, heating, air conditioning, and electrical systems contained therein.

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

“Multiple-family unit” means a building or a portion of a building used and/or designed as a residence for three or more families living independently of each other, including triplexes and apartments; attached ownership units such as condominiums and townhouses; and rooming and boarding houses (a residential structure where rooms are rented for short- or long-term lodging where at least one meal daily is shared in common dining facilities, with ten or fewer beds for rent). Duplexes and single-family attached dwellings (e.g., townhouse configuration) are not included in this definition.

“Single-family, second unit” means an attached or detached additional residential dwelling unit which provides complete independent living facilities for one or more persons. A second unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as the single-family dwelling is situated, on a lot or parcel zoned for single-family dwelling use.

“Single-family unit” means a building containing one dwelling unit. All rooms within the dwelling shall be interconnected.

“Single-family unit, attached” means a dwelling unit with its own independent outside access, with no other dwelling units located directly and totally above or below it, and having walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprising at least three dwelling units. This dwelling type shall include, but not be limited to, dwelling units commonly known as townhouses, rowhouses, triplexes, quadruplexes, and multiplexes.

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

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

“Transitional housing” means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, and in no case more than two years. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 784, 2016: Ord. 738 § 1 (Exh. A) (part), 2013).

18.96.030 Agriculture, resource, and open space uses.

“Agricultural uses” means crop production, livestock farming, and dairying.

“Crop production and horticulture” means 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 are stored and sold on the site.

“Greenbelt” means any area of undeveloped natural land that has been set aside near urban or developed land to provide open space, offer light recreational opportunities, or contain development.

“Observatory” means a location used for observing terrestrial and/or celestial events. Astronomy, climatology/meteorology, geology, oceanography, and volcanology are examples of disciplines for which observatories have been constructed.

“Outdoor amphitheaters, public” means an open-air venue used for entertainment and performances typically in the shape of a semicircular plan. It provides a setting for public events (e.g., theater, concerts, lectures, etc). (Ord. 738 § 1 (Exh. A) (part), 2013).

18.96.040 Recreation, education, and public assembly uses.

“Athletic fields” means land designed for outdoor games and sporting activities such as baseball, football, and soccer. This use includes accessory structures such as concession stands, locker rooms, showers and other facilities commonly associated with athletic fields.

“Athletic fields, accessory only” means athletic fields, as defined above, that are provided as part of different primary use, such as a field located within a dry detention basin or part of an office complex, intended for use by employees.

“Child-care center” means a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individuals on less than a twenty-four-hour basis. It’s a facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.

“Civic use” means a public building or institution owned and operated by governmental or other public agencies, not including parks and open space. This classification includes government offices and other governmental activities.

“Community center” means a multipurpose meeting and recreational facility typically consisting of one or more meeting or multipurpose rooms, kitchens, and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

“Community garden/farmer’s market” means a permanent or regularly occuring land use where a site is designed specifically for the purpose of a community garden and/or farmer’s market. Farmer’s markets may also be permitted as a temporary use.

“Country club and related uses” means a private club organized and operated for social purposes and possessing outdoor recreational facilities, such as golf courses, tennis courts, or polo grounds.

“Drug or alcohol abuse treatment facility” means a facility established and operated for the purpose of medical and other treatment, on a twenty-four-hour basis, for persons with addictions to alcoholic beverages and/or to prescription or nonprescription drugs.

“Emergency shelter” means any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.

“Golf course” means a golf course and accessory facilities and uses, including clubhouses with bar and restaurant, locker and shower facilities, driving ranges, pro shops for on-site sales of golfing equipment, and golf cart storage and sales facilities.

“Golf driving range” means an outdoor facility (typically enclosed with fencing) that contains driving tees for golfers to practice. These facilities may also include pro shops and/or small retail facilities.

“Information center” means a facility or tenant space intended for the distribution of tourist and business information (e.g., chamber of commerce).

“Mortuary” means a funeral home or parlor, where the deceased are prepared for burial or cremation and funeral services may be conducted.

“Museum/library” means a public or quasi-public facility, including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.

“Outdoor recreation (large, three acres or more)” means a facility that is three acres or larger for various outdoor participant sports and types of recreation (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos, etc.)

“Outdoor recreation (small, less than three acres)” means a facility that is smaller than three acres or larger for various outdoor participant sports and types of recreation (e.g., amphitheaters, miniature golf courses, skateboard parks, swim and tennis clubs, etc.)

“Park, plaza, and playground” means a public park, including playgrounds and athletic fields/courts and public plazas and outdoor gathering places, for community use.

“Place of assembly (large)” means a facility for public assembly and group entertainment such as public and semi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls, and facilities for live theatrical presentations or concerts by bands and orchestras; motion picture theaters; amphitheaters; meeting halls for rent; and similar public assembly uses. A meeting hall or other facility of less than ten thousand square feet in net floor area is considered a “place of assembly (small).”

“Place of assembly (small)” means a meeting hall and other facility (public or private) less than ten thousand square feet in net floor area. Any use that would fit the definition of “Place of assembly (large)” would fit under this category as well; the only distinction is facility size.

“Place of worship” means a facility operated by a religious organization for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use). Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities.

“Public art” means any visual work of art, accessible to public view, including but not limited to sculptures, statues, murals, monuments, frescoes, fountains, paintings, stained glass, or ceramics, and which does not contain advertising.

“Public facility” means a facility operated by public agencies, including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities.

“School (private)” means a private educational institution (e.g., boarding schools, business, secretarial, and vocational schools, colleges and universities, establishments providing courses by mail or online), or special school/studio (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (e.g., fitness training studios, gymnastics instruction, and aerobics and gymnastics studios, environmental awareness, arts, communications, management).

“School (public)” means a public educational institution such as a community college, university, elementary school, middle/junior high school, high school, or military academy.

“School (trade)” means a school or institution providing longer-term (at least one year) programs leading to proficiency, certification, and associate degrees in vocational programs, including computers, mechanical, food and hospitality service, automotive and aircraft services, surveying, welding, photography, carpentry, agriculture, horticulture, electrical, plumbing, and construction trades.

“Temporary use” means a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; does not involve the construction or alteration of any permanent structure. Temporary uses could include Christmas tree, pumpkin, and fireworks sales, grand openings, and special events.

“Trails (riding, hiking, bicycling, etc.)” means typically linear paths adjacent to roadways and/or through public recreation areas that provide access for pedestrians and bicyclists and could tie into a network of nonvehicular paths throughout the city.

“Zoo” means a facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or owned and operated by the city, another public agency, or a nonprofit of some other enterprise. (Ord. 738 § 1 (Exh. A) (part), 2013).

18.96.050 Utility, transportation, and communication uses.

“Communication equipment building” means a public, commercial, or private electromagnetic and photoelectrical transmission, repeater, and receiving station for radio, television, telegraph, telephone, data network and other microwave applications; includes earth stations for satellite-based communications. Does not include home broadcasting and receiving antennas, or telephone, telegraph, and cable television transmission facilities utilizing direct connections.

“Communication tower” means a tower or structure built to support communication equipment used to transmit communication signals for television, telephone, radio, or similar communication purposes.

“Electric substation” means a moderate to large-scale facility serving a sub-area, entire city, or region, including power substations, water transmission lines, wireless base stations, sewer collectors and pump stations, switching stations, gas transmission lines, water storage tanks and reservoirs, and similar structures.

“Public utility structure” means a fixed-base structure or facility serving as a junction point 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: electrical substations and switching stations; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants, and storage; and community wastewater treatment plants, settling ponds, and disposal fields. Nothing in this definition is intended to require a land use permit. These uses do not include uses that are not directly and immediately used for the production, generation, storage, or transmission of water, wastewater, or electrical power such as an office or customer service center.

“Public utility yard” means a yard or facility used as a place to store materials used by any public agency, political subdivision, or unit of local government of this state, including but not limited to municipal corporations, special purpose districts, and local service districts, as such materials are used by the “outdoor” operations of the public agency, and further used as a place to maintain equipment and facilities of the public agency.

“Transit station, park and ride lots” means a designated area adjacent to a transit station where a vehicle may be left in order to carpool with other commuters or to ride public transit. (Ord. 738 § 1 (Exh. A) (part), 2013).

18.96.060 Retail, service, and office uses.

“Alcoholic beverage sales” means the retail sale of beer, wine, and/or other alcoholic beverages for off-premises consumption.

“Art, antique, collectibles” means retail sales uses, including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. A store selling handcrafted items that are produced on the site is defined separately as an “artisan shop.”

“Artisan shop” means a retail store selling art, glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

“Auctions” means a typically enclosed place or establishment conducted or operated for compensation or profit as a private or public market where items are offered for sale through competitive bidding.

“Bank and financial services” means a financial institution such as a bank or trust company, credit agency, holding (but not primarily operating) company, lending and thrift institution, or investment company. Also includes automated teller machines (ATM).

“Bar, cocktail lounge” means any bar, cocktail lounge, or similar establishment, which may also provide some minor live entertainment (e.g., music) in conjunction with alcoholic beverage sales. 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 brew pub or microbrewery. Bars may include outdoor food and beverage areas. These facilities do not include bars that are part of a larger restaurant. A use that includes a dance floor, dance hall, discotheque, or stage for musical, comedy, or other performance acts is not included in this use classification.

“Bar, cocktail lounge, accessory” means facilities that serve alcoholic beverages and are an accessory use to or part of a larger use such as a restaurant or similar establishments where any alcoholic beverage service is subordinate to the sale of food.

“Bed and breakfast inn” means a residential structure with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under the definition of “Hotel/motel.”

“Big box store” means a commercial structure with fifty thousand square feet or more of gross floor area which can either be a standalone structure or incorporated into a strip mall configuration.

“Broadcast studio” means a commercial and public communications use, 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 “Communication tower.”

“Building supply (large)” means retail establishments over one hundred thousand square feet selling lumber and other large building materials, where most display and sales occur indoors. 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. Also see “building supply (small)” for smaller specialty stores.

“Building supply (small)” means establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home-oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a subcategory of the larger building materials, stores and yards use classification and may be combined with or separate from such uses.

“Business support services” means establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:

A.    Equipment repair services (except automobile or vehicle repair).

B.    Commercial art and design (production).

C.    Computer-related services (rental, repair).

D.    Copying, quick printing, and blueprinting services.

E.    Equipment rental businesses within buildings.

F.    Film processing laboratories.

G.    Heavy equipment repair services where repair occurs on site.

H.    Janitorial services.

I.    Mail advertising services (reproduction and shipping).

J.    Mailbox services.

K.    Outdoor advertising services.

L.    Photocopying and photofinishing.

“Cannabis dispensary” means any cannabis business where medicinal or adult-use cannabis or cannabis products are sold at retail to customers, pursuant to a Type 10 state cannabis license.

“Discount club” means a general merchandise store with fifty thousand square feet or more of gross floor area with a varied selection and limited variety of products presented in a warehouse-type environment where shoppers are required to pay a membership fee and which can either be a standalone structure or incorporated into a strip mall configuration.

“Discount superstore” means a general merchandise store with ninety thousand square feet or more of gross floor area where at least five percent of the gross floor area is dedicated to nontaxable grocery sales and which can either be a standalone structure or incorporated into a strip mall configuration.

“Equipment sales and rental” means a service establishment with an outdoor storage/rental yard, which may offer a wide variety of materials and equipment for rent (e.g., construction equipment).

“Gun shop” means any retail sales business engaged in the selling, leasing, purchasing, or lending of guns, firearms, or ammunition.

“Home occupation” means a business activity conducted in a residential unit that is incidental to the principal residential use of the lot or site.

“Hospital” means any institution, place, building, or agency licensed by the Departments of Public Health or Mental Hygiene of the state of California, which maintains and operates organized facilities for the diagnosis, care, and treatment of human illness, including convalescence and care during and after pregnancy. The definition of hospital includes a convalescent home, maternity home, nursing home, or sanitarium.

“Hotel/motel” means a facility with guest rooms or suites, provided without kitchen facilities, rented to the general public for transient lodging (less than thirty days). Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

“Indoor amusement/entertainment facility” means an establishment providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms, and electronic game arcades, as primary uses. Four or more electronic games or coin-operated amusements in any establishment, or a premises where fifty percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or less machines are not considered a land use separate from the primary use of the site.

“Indoor recreation and fitness” means a business where predominantly participant sports and health activities are conducted entirely within an enclosed building. Typical uses include bowling alleys, billiard parlor, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, gymnastic studios, athletic clubs, and health clubs.

“Itinerant/mobile vendor” means any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or food stuffs of any kind that parks at one or more locations within the city. A mobile food vehicle shall also include any trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle.

“Manufactured home sales, new” means a retail establishment that sells new manufactured homes (see definition of “manufactured housing”).

“Medical and dental laboratory” means an establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient, on direction of a physician; or an establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession.

“Medical and dental office” means a facility primarily engaged in furnishing outpatient dental, medical, mental health, surgical and other personal health services, and medical and dental laboratories.

“Medical clinic” means an establishment where patients, who are not lodged overnight, are seen for examination and treatment by one or more of a group of physicians, dentists, psychologists, or social workers, practicing together. May also include laboratories that are ancillary to the primary use.

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

“Nurseries, for sale only” means an establishment providing for the 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.

“Nurseries, including growing of nursery stock” means an establishment 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.

“Office, accessory” means an office that is incidental and accessory to another business or sales activity which is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed fifty percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project.

“Outdoor market, sales establishment” means a temporary outdoor retail operation, including farmers’ markets; sales of Christmas trees, pumpkins, or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales; and retail sales of various products from individual vehicles in temporary locations outside the public right-of-way. Vendors operating within the public right-of-way and sidewalk cafes are subject to the provisions of Chapter 18.72.

“Outdoor promotions, sales or displays” means store signs and displays typically located out in front of stores along the sidewalk consistent with the provisions in Section 18.72.080 (Outdoor sales and display).

“Personal services” means a use that provides a personal service that is nonmedical as a primary use and may include accessory retail sales of products related to the services. These uses include, but are not limited to:

A.    Barber and beauty shops.

B.    Clothing rental.

C.    Dry cleaning pickup stores with limited equipment.

D.    Home electronics and small appliance repair.

E.    Laundromats (self-service laundries).

F.    Shoe repair shops.

G.    Tailors.

H.    Travel agencies.

I.    Video rental.

“Personal services, accessory” means uses accessory retail sales of products related to the personal services provided (see definition for “personal services”).

“Private club” means a building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

“Professional office” means an office of administrative business providing direct services to consumers and offices engaged in the production of intellectual property. This use does not include medical or dental offices (see “Medical and dental office”), temporary offices (see Chapter 18.90, Temporary Uses), or offices that are incidental and accessory to another business or sales activity that is the primary use (see “Office, accessory”). Outdoor storage of materials is prohibited. Professional office uses include, but are not limited to:

A.    Accounting, auditing, and bookkeeping services.

B.    Advertising agencies.

C.    Architectural, engineering, planning, and surveying services.

D.    Attorneys.

E.    Counseling services.

F.    Court reporting services.

G.    Data processing and computer services.

H.    Detective agencies and similar services.

I.    Educational, scientific, and research organizations.

J.    Employment, stenographic, secretarial, and word processing services.

K.    Financial services.

L.    Government offices, including agency and administrative office facilities.

M.    Management, public relations, and consulting services.

N.    Photography and commercial art studios.

O.    Telemarketing.

P.    Writer’s and artist’s offices outside the home.

“Recreational vehicle park” means 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.

“Restaurant, no drive thru” means an establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms, and outdoor cafes.

“Restaurant, with drive thru” means an establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or cooked or heated quickly. Orders are not generally taken at the customer’s table, and food is generally served in disposable and/or recyclable wrapping or containers.

“Retail, accessory” means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include, but are not limited to, pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on site. The permitted retail area of the accessory use is based on the total square footage of the tenant space of a single-use development or the combined floor area of an integrated development in a mixed-use project.

“Retail, big box (>80,000 square feet)” means a retail facility that is a large, industrial-style building or store with a footprint or floor area larger than eighty thousand square feet. While most big box stores operate as a single-story structure, they typically have a three-story mass that stands more than thirty feet tall. The box-like retail store typically offers a variety of products under one roof.

“Retail, general” means a store or shops selling multiple lines of merchandise. These stores and lines of merchandise include, but are not limited to:

A.    Art galleries.

B.    Bakeries (all production in support of on-site sales).

C.    Clothing and accessories.

D.    Collectibles.

E.    Department stores.

F.    Dry goods.

G.    Fabrics and sewing supplies.

H.    Florists and houseplant stores.

I.    Furniture.

J.    General stores.

K.    Gift shops.

L.    Hardware.

M.    Hobby materials.

N.    Home furnishings and equipment.

O.    Musical instruments.

P.    Newsstands.

Q.    Parts and accessories.

R.    Pet supplies.

S.    Rug and discount stores.

T.    Specialty shops.

U.    Sporting goods and equipment.

V.    Stationery.

W.    Variety stores.

“Secondhand store” means a retail establishment in which the principal portion of the articles, commodities, or merchandise handled, offered for sale, or sold on the premises is not new. Secondhand stores shall not be considered as including antique stores or pawnshops.

“Service, accessory” means an accessory use that supports retail uses that sell various products, or the provision of certain personal services within a health care, hotel, office, or industrial complex, to employees or customers; also includes retail that is incidental to a primary use conducted on the same premises where no more than twenty percent of the gross floor area is devoted to retail sales. Examples of these uses include pharmacies within hospitals and medical clinics; a prescription optician’s shop within an ophthalmologist office; a gift shop and food service establishment within a hospital; gift and convenience stores and food service establishments within hotel, office, and industrial complexes; barber and beauty shops within residential care facilities; and a manufacturing/ processing or artisan/craft product manufacturing use with an incidental retail sales area.

“Tattoo parlor” means any establishment that engages in the business of tattooing and/or branding human beings.

“Telephone answering service” means an office equipped to handle a large volume of calls, especially for taking orders or servicing customers.

“Temporary use” means a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; does not involve the construction or alteration of any permanent structure. Temporary uses could include Christmas tree, pumpkin, and fireworks sales, grand openings, and special events.

“Theater, not including drive-in” means an indoor facility for public assembly and group entertainment, other than sporting events (e.g., civic theater, facility for live theater and concerts, exhibition and convention hall, motion picture theater, auditorium). Does not include outdoor theaters, concert and similar entertainment facilities, indoor and outdoor facilities for sporting events, or drive-in theaters.

“Tobacco shop” means a retail establishment that derives more than ninety percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices, for burning tobacco and related smoking accessories, and where the sale of other products is incidental or that is engaged, in whole or in part, for the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc.

“Veterinary clinic, large animal” means any facility providing medical or surgical treatment, clipping, bathing, and similar services to all animals in “Veterinary clinic, small animal” definition but also includes horses and livestock, and includes boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from anesthetic.

“Veterinary clinic, small animal” means any facility providing medical or surgical treatment, clipping, bathing, and similar services to dogs, cats, and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from anesthetic.

“Wholesale commercial uses” means establishments engaged in selling merchandise to the public, retailers or to commercial 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. (Ord. 848, 2020; Ord. 836 § 2, 2019; Ord. 807 § 3 (part), 2017; Ord. 738 § 1 (Exh. A) (part), 2013).

18.96.070 Automobile and vehicle uses.

“Automobile and vehicle dismantling” means an establishment for the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Retail sales are included under the definition of “Auto sales, new and used.”

“Automobile parts sales” means a store that sells new automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle services (minor)”). Does not include tire recapping establishments, which are found under “Vehicle services (major)” or businesses dealing exclusively in used parts included in “Automobile sales, new and used.”

“Automobile rental agencies” means a retail establishment that rents automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and/or boats.

“Automobile sales, new and used” means a retail establishment selling new and/or used automobiles, vans, campers, trucks, motorcycles, etc. Includes parts sales or repair shops only when part of a dealership selling new vehicles on the same site. Does not include a “fuel/gas station,” which is separately defined.

“Bus yard” means a bus garage or bus depot which is a building where buses are stored and maintained.

“Carwashing and detailing” means a permanent, drive-through, self-service, and/or attended car washing and detailing establishment, including fully mechanized facilities. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day) are not part of this use classification.

“Fuel/gas station” means a retail business similar to an “automobile service station” that sells gasoline or other motor vehicle fuels; vehicle engine maintenance and other minor repair services are only permitted under the automobile service station classification. May also include mini-markets and other food sales, automatic car washes, accessory towing and trailer rental services, but not the sale, storage, or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

“Parking garage and lot” means a parking lot or parking structure used for parking of operative motor vehicles (for storage of inoperative vehicles, see “Vehicle storage”) where the facility is the primary use of the site. A parking structure or lot developed in conjunction with another primary use of the site to satisfy the on-site parking requirements for the development is not included in this definition.

“Recreational vehicle sales” means the sale of vehicles designed primarily for recreational camping, travel, or seasonal use that has its own motive power or is towed by another vehicle, including, but not limited to:

A.    Folding camper trailer.

B.    Motor home.

C.    Multi-use vehicles.

D.    Park trailer.

E.    Travel trailer.

F.    Truck camper.

“Small vehicle sales and rental” means a retail establishment that rents motorcycles, mopeds, and other small vehicles contained within a building. All sales must be contained within an enclosed building.

“Vehicle services (major)” means the repair, alteration, restoration, towing, painting, cleaning (e.g., 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 major repair and body work-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments.

“Vehicle services (minor)” means minor facilities that specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site (see “Automobile sales, new and used”) or automobile dismantling yards, which are included under the definition of “Recycling facility, scrap and dismantling facility.”

“Vehicle storage (large)” means a facility for the storage of operative and inoperative vehicles for limited periods of time. Includes, but is not limited to, storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, and recreational vehicles for more than ten vehicles. Does not include vehicle dismantling (see “Auto and vehicle dismantling”) or retail sales (see “Auto sales, new and used”). A large vehicle includes recreational vehicles, buses, and boats, but does not include aircraft.

“Vehicle storage (small)” means a facility for the storage of operative and inoperative vehicles for limited periods of time. Includes, but is not limited to, storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, and recreational vehicles, not to exceed ten vehicles. Does not include vehicle dismantling (see “Auto and vehicle dismantling”) or retail sales (see “Auto sales, new and used”). A large vehicle includes recreational vehicles, buses, and boats, but does not include aircraft. (Ord. 848, 2020; Ord. 738 § 1 (Exh. A) (part), 2013).

18.96.080 Industrial, manufacturing, and processing uses.

“Agriculture products processing” means the act of changing an agricultural crop after harvest from its natural state to the initial stage of processing in order to prepare it for market and for further processing at an off-site location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, and cleaning and packing of fruits.

“Cannabis cultivation business” means any cannabis business that, pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, or Type 12 state cannabis license, cultivates cannabis or cannabis-related products.

“Cannabis manufacturing business” means any cannabis business that, pursuant to a Type 6, Type 7, or Type 12 state cannabis license, manufactures cannabis or cannabis products.

“Cannabis testing laboratory” means a cannabis business that tests cannabis or cannabis products pursuant to a Type 8 state cannabis license.

“Data center” means a facility used to house computer systems and associated components, such as telecommunications and storage systems. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls (e.g., air conditioning, fire suppression) and security devices. Data centers may also include related office space and personnel.

“Fuel yard” means a large-scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.

“Manufacturing (major)” means manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, and plastics and rubber products manufacturing.

“Manufacturing (minor)” means manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Uses include, but are not limited to, furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, and food and beverage manufacturing, processing, and assembly.

“Recycling facility, processing” means 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.

“Recycling facility, scrap and dismantling facility” means uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see “Auto and vehicle dismantling” for related use for automobiles. Collection of recycling materials as the sole activity is included in the definition of “Recycling collection point.”

“Research and development” means an indoor facility 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, but is not limited to, chemical and biotechnology research and development.

“Sheet metal fabrication” means a manufacturing establishment engaged in assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, which produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

“Sign fabrication companies” means the manufacturing of signs intended to be enclosed within a building with minimal off-site impacts (e.g. minimal impacts on noise, dust, etc.)

“Storage, personal storage facility” means 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. The area has typically controlled access in a fenced compound.

“Storage, warehouse (small)” means a facility for the storage of furniture, household goods, or other commercial goods of any nature and includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see “Storage, personal storage facility”) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesale and distribution”).

“Storage yard” means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

“Truck yard/terminal” means a principle use of land for parking or storage of trucks in active use with or without servicing or repairing of trucks as an incidental use thereto. This definition does not include parking or storage of trucks if incidental to and located on the same lot as a permitted use, servicing only said permitted use, and wholly owned by the owners of said permitted use. Not included in this definition are warehouse facilities or similar facilities used primarily for freight forwarding and the deposit, storage, or safekeeping of goods.

“Wholesale and distribution” means an establishment 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. (Ord. 807 § 3 (part), 2017; Ord. 738 § 1 (Exh. A) (part), 2013).