The purpose of this chapter is to set forth definitions of certain words or phrases used in this title in order to promote consistency and uniformity in their usage, thereby facilitating its interpretation. (Ord. 5920 § 1 (part); June 8, 2004.)

   The meaning and construction of words and phrases set forth in this chapter shall apply throughout the Zoning Code, unless the context clearly indicates otherwise. Definitions contained in the City's adopted edition of the Uniform Building Code shall be applicable, except when in conflict with definitions contained in this chapter or elsewhere in this Zoning Code, in which case the Zoning Code definition shall prevail. Certain chapters of this Zoning Code may also contain definitions, especially if the definitions apply to only that chapter. The definitions of types of uses are contained in Chapter 18.36 (Types of Uses).

   .010   City and its Subdivisions. "City" means the City of Anaheim, "City Council" means the City Council of the City of Anaheim, and "Planning Commission" means the Planning Commission of the City of Anaheim. References to city officials are deemed to be to officials of the City of Anaheim, unless otherwise indicated. Any reference to a city official includes his or her designee, unless otherwise indicated.

   .020   Chapter and Section References. "Chapter" means a chapter of the City of Anaheim Municipal Code unless some other code or ordinance is specially mentioned. "Section" means a section of this title unless some other code or ordinance is specifically mentioned. "Subsection" means a subsection of the section in which the term occurs unless some other section is specifically mentioned.

   .030   Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of these regulations.

   .040   Illustrations. In case of any differences of meaning or implication between the text of any section or chapter and any illustration, the text shall control.

   .050   Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination.

   .060   Shall and May. "Shall" is mandatory, and "may" is permissive.

   .070   Should. "Should" is advisory and identifies guidance provided by the City Council. All city boards and commissions are advised to follow this guidance in the absence of compelling, contradicting considerations. (Ord. 5920 § 1 (part); June 8, 2004.)

   “Accessory.” A structure, building or a use which is subordinate to, and incidental to, that of the main building or use, which shall not exceed fifty percent (50%) of the main building or use.

   “Accessory Bar.” A separate area located within a restaurant with on-premises sale and consumption of alcoholic beverages wherein alcoholic beverages are sold for consumption on the premises, and which premises maintains an “eating place”-type license issued by the California Department of Alcoholic Beverage Control. An accessory bar is, and at all times shall remain, an ancillary use to the primary restaurant use and shall not exceed thirty (30) percent of the gross floor area for the restaurant.

   “Accessory Entertainment.” Any premises used primarily for a bar, restaurant, coffee shop, establishment serving food, and/or other refreshments and where entertainment is provided as an accessory part of the operation.

   “Accessory Living Quarters.” See Chapter 18.36 (Types of Uses).

   “Acres, Gross.” The overall acreage of an area within the boundaries of a legal parcel, which includes all roads, except arterial highways, as measured at their ultimate right-of-way width.

   “Acres, Net.” The overall acreage of an area, excluding public and private streets and alleys.

   “Adult Day Care Center.” An establishment or home that provides care, protection and supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours per day, while the guardians of such adults are away.

   “Alcohol, Off-Sale.” The sale of alcoholic beverages to consumers for consumption off the premises where sold, in accordance with a valid off-sale license issued by the State of California.

   “Alcohol, On-Sale.” The sale of alcoholic beverages to consumers for consumption on the premises where sold, in accordance with a valid on-sale license issued by the State of California.

   “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, brandy, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

   “Alcoholic beverage manufacturing” means the manufacture or production within the City of Anaheim of beer, wine, brandy or distilled spirits by any person licensed by the Department of Alcoholic Beverage Control of the State of California and includes the sale or distribution of said products both within and without the jurisdiction of the City.

   “Alcoholic beverage manufacturer” means a beer manufacturer, a winegrower, a distilled spirits manufacturer, or a brandy manufacturer, licensed by the Department of Alcoholic Beverage Control of the State of California, or any officer, director, employee or agent of any such person.

   “Alley.” A public vehicle right-of-way providing a secondary means of access to abutting property.

   “Amusement Arcade.” Any premises containing seven (7) or more amusement devices, or any premises wherein more than forty-nine (49) percent (49%) of the public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or an accessory use of the premises.

   “Amusement Device.” Any game, pool table, exhibition, shuffleboard game, or amusement or recreational device, or any electronic, computerized or mechanical device or machine, which, upon the insertion of a coin, slug, token, card, or any other object representative of value, in any slot or receptacle attached to such device or machine or connected therewith, or upon any other form of payment, operates or which may be operated for use as a game, contest or amusement or for the dispensing of music.

   “Anaheim Colony Historic District.” A district of the City of Anaheim established by City Council Resolution No. 97R-194, which is bounded by North Street, West Street, South Street and East Street.

   “Annexation.” The addition of a land area to an existing city or special district, with a resulting change in the boundaries of the annexing jurisdiction.

   “Apartment.” One (1) or more rooms in a multiple-family dwelling, occupied or suitable for occupancy as a residence for one (1) family.

   “Apartment Building.” A building or cluster of buildings containing multiple-family dwelling units in which the dwelling units are intended to be rented or leased to the occupants.

   “Arterial Highway.” A roadway used primarily for through traffic that is designated by one of the following terms on the Planned Roadway Network map in the General Plan: Scenic Expressway, Resort Smart Street, Stadium Smart Street, Major Arterial, Primary Arterial, Hillside Primary Arterial, Secondary Arterial, Hillside Secondary Arterial, Collector Street and Hillside Collector Street.

   “Artificial Turf.” Man-made synthetic material manufactured from polypropylene, polyethylene, or a blend of polypropylene and polyethleyene fibers which simulates the appearance of live turf, organic turf, grass, sod, or lawn.

   “Automobile Wrecking.” The dismantling or wrecking of used motor vehicles, trailers or similar vehicles.

   “Awning.” A roof-like structure that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and may or may not be capable of being retracted into the face of the building. (Ord. 5948 § 8; November 9, 2004: Ord. 5998 § 58; October 25, 2005: Ord. 6101 § 60; April 22, 2008: Ord. 6245 § 89; June 5, 2012: Ord. 6261 § 3; January 15, 2013: Ord. 6296 § 1; March 4, 2014.)

   "Bar." An establishment, other than a cocktail lounge, wherein the primary use is the sale of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law, and which requires a "public premises"- type license issued by the California Department of Alcoholic Beverage Control, and where no cover charge or admittance fee is charged to patrons.

   "Basement." An area of building designed for occupancy or use with the ceiling located entirely at or below the finished grade of the land.

   "Bed and Breakfast Inn." See Chapter 18.36 (Types of Uses).

   "Bedroom." A private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition, except as provided herein. All rooms (other than a living room, family room, dining room, bathroom, toilet compartment, hall, foyer, closet, pantry, or utility room) having seventy (70) square feet or more of floor area and enclosed with four (4) walls shall be considered a bedroom. If one (1) of the four (4) walls is one hundred percent (100%) open to an adjacent room or hallway, it shall not be considered a bedroom.

   "Beer." Means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer aged in an empty wooden barrel previously used to contain wine or distilled spirits shall be defined exclusively as "beer" and shall not be considered a dilution or mixture of any other alcoholic beverage.

   "Beer manufacturer." Means any person licensed by the Department of Alcoholic Beverage Control of the State of California that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer.

   "Block." All property fronting upon one side of a street between intersecting streets, or between a street and right-of-way, waterway, terminus of a dead-end street or city boundary.

   "Boardinghouse." A building, or portion thereof, where lodging and meals are provided for compensation for seven (7) or more persons, excluding rest homes and residential or group care facilities.

   "Box Truck." Any motor vehicle designed or used primarily for the transportation of goods, characterized by an enclosed cargo area.

   "Brandy manufacturer." means any person licensed by the Department of Alcoholic Beverage Control of the State of California that is engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits.

   "Brickmold." The casing used around a window frame on the exterior façade. The name brickmold reflects a time when most structures were surfaced in brick. However, the term today refers any time of casing around windows.

   "Building." A permanently located structure having a roof (all forms of vehicles, even if immobilized, are excluded).

   "Building, Main." A building within which is conducted the principal use permitted on the lot as provided by this title.

   "Building, Height." See "Height, Structural."

   "Building Site." The ground area of one (1) or more lots, as defined herein, when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title.

   "Business." The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services. (Ord. 5920 1 (part); June 8, 2004: Ord. 6296 § 2; March 4, 2014: Ord. 6493 § 22; September 29, 2020: Ord. 6502 § 2; January 26, 2021: Ord. 6570 § 38; March 19, 2024: Ord. 6609 § 36; May 13, 2025.)

   "California Massage Therapy Council" or "CAMTC". The non-profit organization established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section 4600 et seq., and authorized to issue Massage Practitioner or Massage Therapist certificates on a statewide basis pursuant to Business and Professions Code Section 4600(g).

   "Dance–One-Day." A dance open to the public for an admittance fee or charge which is held on one day only. The dance is typically held in locations that have space for rent such as a banquet hall or hotel.

   "Dance Venue." A place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which is open at regular intervals or on regular days of the week.

   "Delicatessen." A store where ready-to-eat food products or delicacies, such as cooked meats, cheeses, prepared salads, and nonalcoholic beverages, are sold for consumption either on or off the premises.

   "Density." See "General Plan Density – Maximum."

   "Deputy Director of Planning and Building." The Deputy Director of the Planning and Building Department, or his or her designee.

   "Distilled spirits" means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof.

   "Distilled spirits manufacturer" means any person licensed by the Department of Alcoholic Beverage Control of the State of California who produces distilled spirits from naturally fermented materials or in any other manner.

   "Dormitory." A facility used principally for sleeping accommodations where such facility is related to an educational or public institution, including religious institutions.

   "Driveway." A private roadway used exclusively for providing ingress and egress to a parking space, garage, dwelling or other structure; a "Driveway" does not include space for the parking of vehicles or the storage of materials.

   "Dwelling." A building, or portion thereof, designed exclusively for residential purposes, including single-family and multiple-family dwellings, but not including hotels, motels, boarding houses.

   "Dwelling, Duplex." A building or portion thereof, designed exclusively for residential purposes, by not more than two households and containing two dwelling units within a Multiple-Family Residential Zone, but not including a Dwelling, Two-Unit Development.

   "Dwelling Unit." One (1) or more rooms in a dwelling, designed for occupancy by one family for living and sleeping purposes, and having only one (1) kitchen.

   "Dwelling, Multiple-Family." See Chapter 18.36 (Types of Uses).

   "Dwelling, Single-Family Attached." See Chapter 18.36 (Types of Uses).

   "Dwelling, Single-Family Detached." See Chapter 18.36 (Types of Uses).

   "Dwelling, Two-Unit Development." See Chapter 18.36 (Types of Uses). (Ord. 5920 1 (part); June 8, 2004: Ord. 6245 § 91; June 5, 2012: Ord. 6296 § 3; March 4, 2014: Ord. 6425 § 27; December 19, 2017: Ord. 6493 § 24; September 29, 2020: Ord. 6524 § 18; January 25, 2022: Ord. 6526 § 34; February 15, 2022: Ord. 6555 § 67; April 4, 2023.)

   "Easement." A legal right, such as a right-of-way, afforded an individual, business or other organization to make limited use of another's real property.

   "Economic Development Department." The Economic Development Department of the City of Anaheim.

   "Educational Institution." A public, parochial, private, charitable or nonprofit institution that provides educational instruction to students over the age of five (5) years.

   "Efficiency Unit." Has the same meaning as defined and used in Section 17958.1 of the California Health and Safety Code.

   "Emergency Shelter." Has the same meaning as defined and used in Section 50801(e) of the California Health and Safety Code.

   "Employee." Shall include independent contractors and unpaid volunteers. The term "employ" shall include, without limitation, using or allowing services to be provided by an independent contractor or unpaid volunteer.

   "Entablature." A horizontal structural element frequently supported by columns or pilasters.

   "Entertainment." Every form of live entertainment including, without limitation, any music, band or orchestra, act, play, burlesque, revue, pantomime, scene, karaoke, song or dance act or dancing by patrons. "Entertainment" includes, without limitation, a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate.

   "Entertainment Premises." Any premises used for a restaurant, coffee shop, bar, nightclub, or establishment serving food, and/or other refreshments and where amusement and entertainment activities are conducted.

   "Entity." Any firm, partnership, corporation, joint venture, unincorporated association or other association of any type or nature.

   "Expressway, Scenic." A road intended to permit a relatively unimpeded traffic flow while allowing for motorists to view scenic features as they drive; "Scenic Expressways" are shown on the Roadway Network map of the General Plan. (Ord. 5920 1 (part); June 8, 2004: Ord. 6234 § 4; February 28, 2012: Ord. 6245 § 92; June 5, 2012: Ord. 6419 § 12; August 29, 2017: Ord. 6483 § 12; June 9, 2020: Ord. 6570 § 39; March 19, 2024: Ord. 6609 § 37; May 13, 2025.)

   "Family." An individual or a collective body of persons, living together as a single housekeeping unit, in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other, as distinguished from a group occupying a Boarding House, club, fraternity, sorority, Hotel, Motel, or any Community Care Facilities–Licensed, Community Care Facilities–Unlicensed, Sober Living Homes, Alcoholism or Drug Recovery or Treatment Facilities or Senior Living Homes that require a regulatory permit or a conditional use permit.

   "Fences, Walls, Hedges and Berms." A continuous barrier (including gates) which separates, screens, encloses or marks a boundary of a property or development. The term "Continuous Barrier," as used herein, includes: any masonry or rock wall; any wood, iron, steel, plastic, glass, fiberglass, chainlink, simulated wood or simulated metal fence; any shrubbery, landscaping and/or trees that have grown together such that they completely separate, screen or enclose a property or development; any landscaped earthen berm; and any natural or fabricated barrier which serves as a continuous screen to prevent intrusion, or to mark a boundary within or around a property.

   "Figure Model." Any person, male or female, either nude or semi-nude, who is to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct.

   "Figure Model Studio." Any premises where there is conducted the business of furnishing, providing, or procuring male or female persons in the nude or semi-nude to be either viewed, photographed, sculptured, sketched, painted, danced with, or subject to lawful tactile conduct by persons who pay a fee or other consideration, compensation, or gratuity for any of those services.

   "Fireworks". Those fireworks that are defined and classified as Safe and Sane Fireworks (also known as "state-approved fireworks"") in Sections 12529 and 12562 of the Health and Safety Code of the State of California and the relevant sections of Chapter 6, Title 19, California Code of Regulations), or any successor provision thereto, subject to regulation by the City Council.

   "Floodplain." Area susceptible to flooding, defined as the "regulatory floodway" and designated as a "special flood hazard area" (subject to a one percent (1%) or greater chance of flooding in any given year) on the applicable Flood Insurance Rate Maps, or as designated by the City Engineer as being equivalent to a regulatory floodway or special flood hazard area.

   "Floor Area, Gross." The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including underground parking, uncovered steps or exterior balconies.

   "Floor Area, Livable." The sum of the horizontal areas of each floor of an individual residential dwelling unit, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwelling units, but not including floors that are not capable of containing a habitable room or areas used, or designed to be used for, enclosed parking.

   "Floor Area Ratio." The gross floor area of all buildings and structures on the lot, excluding parking structures, but including covered storage areas, divided by the total lot area, exclusive of any land dedications or roadway access easements.

   "Fortunetelling." A business involving fortunetelling. The term "fortunetelling" shall mean the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other similar practice, craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter. (Ord. 5920 1 (part); June 8, 2004: Ord. 6245 § 93; June 5, 2012: Ord. 6324 § 4; May 5, 2015: Ord. 6493 § 25; September 29, 2020: Ord. 6506 § 57; February 9, 2021: Ord. 6526 § 35; February 15, 2022.)

   “Garage, Front-on.” A garage that permits vehicular access in a direction substantially perpendicular to the front lot line of the lot on which the garage is located.

   “Garage, Private.” An accessory building or a portion of the main building, designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.

   “General Plan Density - Maximum.” The maximum General Plan density defines the maximum number of dwelling units per gross acre at which development can occur within a given residentially-designated area. Any portion of a residential lot designated on the Land Use Map as open space or any other non-residential designation shall not be included in calculating density. Private and dedicated streets shall be included in establishing maximum density in a residentially-designated area, however arterial highways shall be excluded. If a private or dedicated street divides an area, the area up to the centerline of the street shall be used to establish density.

   “Guest.” Any person temporarily occupying a room for living or sleeping purposes.

   “Guest Room.” Any room or rooms used, or intended to be used by, a guest for sleeping purposes. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6101 § 61; April 22, 2008.)

   "Habitable." means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas, are considered "Habitable" space.

   "Kitchen.” Any room used, or intended or designed to be used, for cooking or the preparation of food. (Ord. 5920 § 1 (part); June 8, 2004.)

   "Landing." A platform without a roof, situated between flights of stairs, or at the head or foot of a flight of stairs.

   "Lot, Reversed Building Frontage." A corner lot in a single-family residential zone, on which the dwelling is constructed so as to front onto the street lot line with the longest street frontage. This provision does not alter the definition or application of the "lot line, front" for the subject site.

   "Lot, Reversed Corner." A corner lot, the side street line of which is substantially a continuation of the front lot line of the corner upon which it rears. This provision does not alter the definition or application of the "lot line, front" for the subject site.

   "Lot, Through." A lot having frontage on two (2) parallel or approximately parallel streets.

   "Lot Width." The horizontal distance between the side lot lines, measured at the front setback line. (Ord. 5920 1 (part); June 8, 2004: Ord. 6101 § 62; April 22, 2008: Ord. 6245 § 95; June 5, 2012: Ord. 6493 § 26; September 29, 2020: Ord. 6620 § 61; January 13, 2026.)

   “Manufactured Home.” ”Factory-built housing” (as defined in Section 19971 of the California Health and Safety Code) or “Manufactured home” (as defined in Section 18007 of the California Health and Safety Code), or any successor provisions thereto. The term “Manufactured Home,” as defined herein, does not include “Mobilehome” (as defined in Section 18008 of the California Health and Safety Code), “Recreational vehicle” (as defined in Section 18010 of the California Health and Safety Code), “Special purpose commercial modular” (as defined in Section 18012.5 of the California Health and Safety Code), or “Commercial modular” (as defined in Section 18001.8 of the California Health and Safety Code), or any successor provisions thereto, or “Modular Structure”.

   “Massage.” Any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of pressure or friction against, or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, with or without the aid of any mechanical or electrical apparatus or appliance or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice.

   "Massage Establishment". Any business conducted within the City where any person, firm, association, partnership, corporation, limited liability company, any other type of legal entity, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths, including foot massages, at a fixed location which requires a business license and an operator's permit. For hotels and motels, the massage establishment may include common areas on the hotel or motel premises such as the pool area when the massage is conducted by licensed massage technicians in accordance with the massage establishment permit issued for the hotel or motel. Mobile massage operations are not included within this definition and are not permitted within the City.

   “Massage Technician.” Any person, including a Responsible Employee, Operator or Owner of a Massage Establishment, who administers to another person a massage in exchange for anything of value whatsoever. The terms “Massage Therapist,” “Massage Practitioner,” and “CAMTC certificate holder” are included within this definition for purposes of Section 18.16.070.

   “Mixed-Use Project.” Any development project that combines residential uses with retail, office or other non-residential uses, within the same building or on the same building site.

   “Mobile Home.” A “Mobilehome,” as defined in Section 18008 of the California Health and Safety Code, or any successor provisions thereto.

   “Mobile Home Park.” An area of land where two or more Mobile Home or Manufactured Home sites are available for rent to accommodate Mobile Homes or Manufactured Homes used for human habitation.

   "Mobile Massage Operation". A business where any person, firm, association, partnership, corporation, limited liability company, any other type of legal entity, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths, including foot massages at a location other than a massage establishment.

   “Modular Structure.” Any habitable or non-habitable structure, the major components of which are assembled away from the site on which it will be ultimately located, excluding storage sheds associated with a single-family or multiple-family dwelling unit, cargo containers, recreational vehicles, mobile homes, contractor’s office and storage trailers and prefabricated buildings which are intended to be used as permanent, stationary structures. Modular Structures are typically used as temporary structures and can include structures established with or without a permanent foundation and structures with utilities. Typical uses include temporary classroom buildings and training offices.

   "Nightclub.” An establishment, other than a cocktail lounge, wherein the primary use is the sale of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law, which: (i) requires a "public premises"-type license issued by the California Department of Alcoholic Beverage Control; (ii) provides music and/or live entertainment for patrons; (iii) is regularly open to the public upon the payment of a cover charge or admittance fee; and (iv) is not a sex-oriented business, as defined in Chapter 18.54 (Sex-Oriented Businesses).

   "Nonconforming Building.” See "Nonconforming Structure."

   "Nonconforming Fence.” See "Nonconforming Structure."

   "Nonconforming Lot.” A parcel of land or lot that was legal when it was created, but which does not conform to the current dimensional or size standards for the zone in which it is located.

   "Nonconforming Sign.” See "Nonconforming Structure."

   "Nonconforming Structure.” A structure, building, sign, or fence that either was built prior to the incorporation of the city or, if built after that event, was legal when brought into existence, but does not conform to the current regulations for the zone in which it is situated.

   “Nonconforming Use.” A use that was legal and allowed when established, but does not conform to the current permitted use regulations (including use-specific permitting requirements and use-specific criteria) for the zone in which it is situated.

   “Nude” or “Semi-nude.” To be completely without clothing or covering; or with partial clothing or covering with any pubic area exposed or with any portion of the crease of the buttocks exposed; or the exposing of any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breast are below such a straight line; or the wearing of any type of clothing so that those portions of the anatomy aforedescribed may be observed. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 § 97; June 5, 2012.)

   "Operator." As referenced in Section 18.16.070 means the person signing the operator's permit application as required pursuant to Section 18.16.070.030 and whose name appears on the Operator's Permit as the person responsible for the day to day operations of the Massage Establishment.

   "Outdoor Dining." An outdoor patio area where tables and chairs are provided exclusively for the seating, service and/or consumption of meals in conjunction with a restaurant, and which: (i) is enclosed by permanent improvements such as landscape planters, fencing, decks, patio or shade structures, or other decorative barriers, which physically define and/or separate the outdoor dining area from other open or public areas; (ii) does not encroach into any public right-of-way or required setback or yard area established by this Code; and (iii) is included in the total gross floor area to establish the restaurant parking requirement, if the outdoor dining area exceeds 1,000 square feet.

   "Outdoor Seating." An outdoor area located in close proximity to a restaurant where tables and chairs are provided for the seating and/or consumption of meals and/or nonalcoholic beverages by patrons of a restaurant, which area provides a maximum of fifteen (15) seats. Outdoor Seating is differentiated from Outdoor Dining Areas by the movable nature of furniture and lack of permanent physical improvements and/or separately identifiable space.

   "Oversized Vehicle." As referenced in Section 14.32.206.010.001.

   "Owner." As referenced in Section 18.16.070 means any person or entity having an ownership interest in the Massage Establishment. (Ord. 5920 1 (part); June 8, 2004: Ord. 6245 § 98; June 5, 2012: Ord. 6286 § 43; September 3, 2013: Ord. 6438 § 6; June 19, 2018: Ord. 6526 § 36; February 15, 2022.)

   "Parking Area, Public." An open area, other than a street or alley, used for temporary parking and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

   "Parking Space, Automobile." Space within a building or parking area for the temporary parking or storage of one (1) automobile.

   "Parking Space, Covered." A parking space which is covered by a roof supported by poles, columns, walls or other structural elements, including carports and porte-cocheres.

   "Parkway." That portion of the public or private street right-of-way, other than portions thereof which are improved with roadway or sidewalk, including, but not limited to that area between the curb of any street and the public right-of-way boundary adjacent to the nearest private property; or, where there is no curb, Parkway shall mean that area between the edge of pavement and the public or private street right-of-way boundary adjacent to the nearest private property. Parkways shall also include any area within a roadway that is not open to vehicular travel.

   "Paseos." Paseos are landscaped pedestrian passageways that serve as midblock crossings and may additionally provide access to interior courtyards.

   "Patio Structure." A patio structure has at least three (3) sides that are completely open to the outside and may be covered by a solid or open-work roof. This includes a semi-enclosed patio structure, which has at least one (1) side that is completely open to the outside.

   "Permit." The permit required pursuant to the provisions of Section 18.16.070 to operate or manage a massage establishment to perform the activities of a massage technician and/or to perform off-premises massages.

   "Person." Any natural person, corporation, partnership, firm, association or other group or combination of individuals acting as an entity.

   "Planning Department." The Planning and Building Department of the City of Anaheim.

   "Planning Director." The Planning and Building Director of the Planning and Building Department, or his or her designee.

   "Planning Standard." All Planning Standards referred to in this title are on file with the Planning Department and are incorporated herein by reference as if fully set forth in this chapter.

   "Planned Unit Development." A large scale development of a parcel, or of a combination of related parcels, to be developed by a single owner or group of owners acting jointly, involving a related group of uses, planned as an entity, and having a predominant developmental feature which serves to unify or organize development and is, therefore, susceptible to development and regulation as one unified land unit, rather than as a mere aggregation of individual buildings and structures located on separate lots.

   "Police Department." The Police Department of the City of Anaheim.

   "Pool." As referenced in Section 18.16.050 shall mean and include the games of billiards, pool, snooker, bagatelle and any other table game played with balls and cue sticks.

   "Pool Cabana." A structure located nearby a pool with at least one side that is completely open to the outside that is intended for shelter from the sun. A bathroom or dressing room may be included within the structure.

   "Pool Table" or "Table." Any table on which the game of pool is played.

   "Porte-Cochere." A roofed structure over a parking space or driveway, attached to the front or side of a building, and established for the convenient loading and unloading of passengers.

   "Private Dance." A dance to which attendance is limited to persons individually invited and for which no admittance charge is made, or a dance conducted by a bona fide club, society or association, having a benevolent, charitable, dramatic, literary or dancing organizational purpose, which holds regular meetings, has an established membership, and provided, when proceeds, if any, arise from such dance, said proceeds are used for said organizational purpose and for which no admission is charged or paid for entrance into such dance at the location of the dance immediately prior to the time of said dance or during said dance.

   "Private Street." A road or street that is not owned and maintained by the City, and that is used or set aside to provide vehicular and pedestrian access and circulation within a development. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 § 99; June 5, 2012: Ord. 6286 § 44; September 3, 2013: Ord. 6425 § 28; December 19, 2017: Ord. 6555 § 68; April 4, 2023: Ord. 6570 § 41; March 19, 2024: Ord. 6609 § 38; May 13, 2025.)

   "Recreational Facilities." A facility used for the refreshment of body and mind through forms of play, amusement or relaxation. Types of facilities include: golf courses, golf driving ranges, recreational fields, recreation rooms, court game facilities, swimming pools, saunas or Jacuzzis, tot lots and exercise rooms. "Recreational Facilities" do not include a computer rental/Internet amusement business as defined in this chapter.

   "Schools, Elementary, Junior High and High." An institution of learning which offers instruction in the several branches of learning and study required to be taught in public schools by the California Education Code.

   "Setback, Required." The minimum dimension between a structure and the adjacent public right-of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement; or any railroad or any riding and hiking trail easement; or any interior property line.

   "Tandem Parking Space." Any off-street parking space designed in such a manner that a vehicle properly parked in such space may, by design, have its ingress to or egress from such space blocked by a vehicle properly parked in a contiguous parking space.

   "Ultimate Right-of-Way.” The maximum extent, as provided in a legal instrument or as shown on a City-adopted roadway plan, that a right-of-way may be expanded in the future to serve its intended purpose.

   "Use.” The purpose for which land or a building is intended, arranged, designed, occupied or maintained. (Ord. 5920 § 1 (part); June 8, 2004.)

   "Variance.” A modification of the terms of this title, granted by resolution or decision, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.

   "Vehicle Impound or Storage Yard.” Any vehicle storage facility which provides to the public the service of storing or holding vehicles, but does not include the dismantling, scrapping, salvaging or sales of vehicles or vehicle parts. (Ord. 5920 § 1 (part); June 8, 2004.)

   “Waiver”. See “Variance”.

   “Wet Bar”. Any room or area of a room used, intended or designed to be used, for the occasional preparation of food. A wet bar may include a single sink or basin, bar height refrigerator, bar height cabinets and hookups for cold water. This definition does not include amenities such as multiple basin sinks, full height refrigerators, hot water hookups, above counter cabinets, cooking apparatus including, but not limited to, stoves, ranges, hot tops, and microwaves, or any other amenities that would comprise a kitchen.

   “Wine” means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine.

   “Winegrower” means any person licensed by the Department who has facilities and equipment for the conversion of grapes, berries, or other fruit into wine and is engaged in the production of wine within the City.

   “Women, Infant and Children (W.I.C.) Store”. A store that sells merchandise through the County of Orange Women, Infant and Children (W.I.C.) program, and does not include fast-food services or other services separate from typical W.I.C. transactions. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6296 § 5; March 4, 2014: Ord. 6317 § 26; March 3, 2015.)

   "Yard.” An open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

   "Yard, Front.” A yard extending across the full width of the lot between the dwelling and the front property line, the depth of which includes the minimum required front setback.

   "Yard, Rear.” A yard extending across the full width of the lot between the dwelling and the rear property line, the depth of which includes the minimum rear setback.

   "Yard, Side.” A yard other than a required front and rear setback, the width of which includes the minimum side setback. (Ord. 5920 § 1 (part); June 8, 2004.)

   "Zoning Map.” The map adopted by the City Council that divides the City into zones, including overlay zones, for the purpose of applying the provisions of this title. (Ord. 5920 § 1 (part); June 8, 2004.)