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Artesia City Zoning Code

ARTICLE 4

Definitions

§ 9-2.401 Scope.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in this article.
(Ord. 159, Art. 15)

§ 9-2.402 "A" Words and Phrases.

Abut or abutting
means the same as adjoining.
Access
means the place or way by which pedestrians and vehicles have safe, adequate, and usable ingress and egress to a property or use as required by the provisions of this chapter.
Accessory Building.
(See Building, Accessory, Section 9-2.403 of this article.)
Accessory dwelling unit
means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. An accessory dwelling unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation in a single dwelling unit, and shall be located on the same parcel where the single-family dwelling is situated. An accessory dwelling unit also includes the following: (1) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. An accessory dwelling unit shall have the same meaning as that term is used in Government Code Section 65852.2.
Accessory Sign.
(See Sign, Accessory, Section 9-2.420 of this article.)
Accessory Use.
(See Use, Accessory, Section 9-2.422 of this article.)
Adjacent
means two or more lots or parcels of land separated only by an alley, street, highway, or recorded easement or two or more objects which lie near or close to each other.
Adjoining
means two or more lots or parcels of land sharing a common boundary line or two or more objects in contact with each other.
Adult
means persons of 18 years of age or older.
Adult-oriented business
means and includes any of the following:
(1) 
Adult-Oriented Arcade.
An "adult-oriented arcade" is an establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
(2) 
Adult-Oriented Cabaret.
An "adult-oriented cabaret" is an establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (i) are characterized by specified sexual activities; or (ii) feature any semi-nude person.
(3) 
Adult-Oriented Motion Picture Theater.
An "adult-oriented motion picture theater" is an establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
(4) 
Adult-Oriented Retail Store.
An "adult-oriented retail store" is an establishment which as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either adult-oriented material, adult-oriented merchandise or both.
(5) 
Any establishment which, for any form of consideration, as a regular and substantial portion of business offers to its patrons products, merchandise, services or entertainment that are distinguished or characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
Adult-oriented material
means any book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, which is characterized by specified sexual activities or the exposure of specified anatomical areas.
Adult-oriented merchandise
means adult-oriented implements or paraphernalia, such as, but not limited to: dildos; auto sucks; adult-oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. This definition shall not apply to birth control devices.
Advertising display
means and includes any sign or advertising structure, as these terms are defined in this article.
Advertising Structure.
(See Structure, Advertising, Section 9-2.420 of this article.)
Alley
means an unnamed public or private right-of-way less than 40 feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.
Amendment
means a change in the wording, context, or substance of this chapter or a change in the zoning maps, which changes shall become a part of this chapter when adopted by ordinance by the Council in the manner prescribed by law.
Antenna
means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals.
Apartment, Bachelor.
(See Bachelor apartment, Section 9-2.403 of this article.)
Apartment house
means a building, or a portion of a building, designed or used for occupancy by four or more families living independently of each other and containing four or more dwelling units.
Arbor, Grape, and Arbor, Other. Grape arbor and other arbor
mean a landscape feature designed to support grape vines or other vine plants, which is a decorative and non-habitable landscape element within a garden or yard area of a lot, and which does not have a solid material roof or side.
Architectural accents
means a decorative feature, embellishment or material applied to a building to add architectural character, interest or ornamentation, and shall include exposed neon lighting when used to accentuate a plane, cornice, ledge or edge of a building façade or side.
Area
means net area, unless otherwise specified.
Area, Net.
Net area mean that area of a lot or parcel of land exclusive of:
(1) 
Public alleys, highways, and street;
(2) 
Proposed public facilities, such as alleys, highways, streets, and other necessary public sites when included within a proposed development project;
(3) 
Public and private easements where the owner of the servient tenement does not have the right to use the entire surface of the land; and
(4) 
Except as otherwise provided in Article 8 of this chapter relating to lots.
Athletic studios
means establishments of not more than 2,000 square feet, whether owned or operated by a public or private entity, for the purpose of group instruction in karate, dancing, yoga, aerobics, cycling or other similar activities, with said instruction generally taking place for no more than one hour, and excluding "sports and recreational facilities" and facilities that are used exclusively by members of said facilities for fitness and/or training such as gymnasiums and health club/spas.
Automobile dismantling yard
means any premises used for the dismantling or wrecking of vehicles required to be registered under the Vehicle Code of the State, including the buying, selling, or dealing in such vehicles, or the integral parts or component materials thereof, and the storage, sale, or dumping of dismantled, partially dismantled, or wrecked inoperative vehicles. Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage, automobile body and fender repair shop, or automobile impound yard.
Automobile impound yard
means facilities designated or maintained by a governmental agency for the temporary storage of vehicles legally removed or impounded by a peace officer from public or private property as prescribed by law.
Automobile service station
means a place maintained to service vehicles, including retail sales of gas, oil, and petroleum products, as well as vehicle equipment and parts, and providing maintenance service, but excluding garages, general vehicle repair shops, and body, fender, and paint shops.
(Ord. 159, § 15.01; Ord. 330, § 1; Ord. 549, §§ 6, 7; Ord. 582, § 20; Ord. 657, § 7; Ord. 07-724, § 6; Ord. 10-755, § 6; Ord. 12-785, § 1; Ord. 19-875, §§ 4, 5; Ord. 23-945, 8/17/2023)

§ 9-2.403 "B" Words and Phrases.

Bachelor apartment
means two or more connecting guest rooms which do not contain cooking facilities and which rooms are designed, used, or intended to be used, rented, or hired out as living accommodations for any person as a single living unit.
Banner
means a temporary sign composed of lightweight material not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
Basement
means that portion of a building between the floor and the ceiling, which basement is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is less than the vertical distance from the grade to the ceiling.
Base station
has the meaning as set forth in 47 C.F.R. Section 1.6100(b)(1), or any successor provision.
Beauty salon
means an establishment that provides, for any form of consideration, any one or more of the following services: cutting, dressing, curling, cleansing, coloring, or chemical treatments of the hair; facials; application of make-up or other temporary cosmetics to the face or body; manicures and pedicures; removal of superfluous hair from the body; massaging, cleaning or stimulating of the scalp, face, neck, arms, or upper part of the human body from the clavicles upward, by a State licensed barber, cosmetologist, esthetician or manicurist, and/or such other services, as the State license of each permits. A beauty salon may also provide massage services, as that term is defined in Title 3, Chapter 2 of this Code (herein referred to as "massage services"), as an incidental use of property and without obtaining a massage establishment permit as required in Title 3, Chapter 2 of this Code, so long as the following criteria are met: (1) no more than two persons shall administer massage services at any one time; (2) no more than 10% of the net floor service area of the beauty salon, not including area used for storage, retail display, restrooms, or office space, shall be devoted to the provision of massage services; (3) no more than 10% of the anticipated annual revenues from the business shall be attributed to the provision of massage services; provided, however, that a beauty salon may not utilize the exemption provided in this subsection unless it provides evidence satisfactory to the City that no more than 10% of the previous year's revenues from the business were attributable to the provision of massage services; (4) no massage services shall be provided within any cubicle, room, booth or area that is fitted with a door that is capable of being locked; (5) massage services may only be provided by persons possessing a valid City-issued massage technician permit; and (6) City Planning or Code Enforcement staff and/or the Sheriff, or any of their authorized representatives, shall have the right to enter the beauty salon for the purpose of making reasonable unscheduled inspections to observe its operations, and/or require the provision of written evidence from the beauty salon operator, as needed to verify and/or enforce compliance with the criteria set forth herein. Any beauty salon that does not comply with the above criteria must obtain a massage establishment permit as provided in Title 3, Chapter 2 of this Code.
Boardinghouse
means the same as rooming house and boarding house. (See Section 9-2.419 of this article.)
Borrow pit
means the same as quarry. (See Quarry, Section 9-2.418 of this article.)
Building
means any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, chattels, or property of any kind.
Building, Accessory.
Accessory building means a detached subordinate building, the use of which is customarily incident to that of the main building or to the principal use of the land, and which building is located on the same lot or parcel of land with the main building or the principal use of the land.
Building frontage
means the length of that portion of a building most nearly parallel to a street.
Building height
means the vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
Building, Main.
Main building means a building in which is conducted the principal use of the lot or parcel of land upon which such building is situated. Any dwelling in a residential or agricultural zone shall be deemed to be the main building upon the lot or parcel of land upon which such building is situated.
(Ord. 159, § 15.02; Ord. 512, § 1; Ord. 558, § 5; Ord. 654, § 6; Ord. 08-733 § 14; Ord. 08-736 § 7; Ord. 20-905, § 4; Ord. 23-945, 8/17/2023)

§ 9-2.404 "C" Words and Phrases.

Carport
means a permanently roofed structure with not more than two enclosed sides which carport is used, or intended to be used, for automobile shelter and storage.
Cellar
means that portion of a building between the floor and the ceiling, which cellar is wholly or partly below grade, and so located that the vertical distance from the grade to the floor below is equal to or greater than the vertical distance from the grade to the ceiling.
Cemetery
means land used, or intended to be used, for the burial or interment of the dead, which land is dedicated for cemetery purposes. Cemetery shall include columbaria, crematories, and mausoleums and may include mortuaries and chapels when operated in conjunction with and within the boundaries of such cemetery.
Center line
means a line established by the City Engineer and designated as a "Center Line," "Proposed Center Line," "Adopted Center Line," or "Construction Center Line" on a series of maps entitled "County Surveyor Maps" or "County Surveyor Field Maps" on file in the office of the County Engineer. For the purposes of this chapter, where two or more such designations are shown on and in such series of maps for such line, the line labeled "Proposed Center Line" shall be deemed to be the official center line.
Characterized by an emphasis upon
means the dominant or essential theme of the object described by such phrase.
Child day care center
means any facility which provides nonmedical care and supervision on less than a 24-hour-per-day basis in a group setting to infants, preschool-age children, and/or school-age children, as those terms are defined in Title 22, Division 12 of the California Code of Regulations, and includes extended day care facilities providing nonmedical care and supervision to school age children before and after school and during school vacation days, but excludes small and large family day care homes.
Children's home
means one or more buildings used for the semipermanent 24-hour care of orphans or other children deprived of parental care, which home is operated by a public agency or a philanthropic or charitable organization. Children's home shall not include commercial enterprises operated by such organizations and shall not include correctional institutions.
Club, Private.
Private club means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose but shall exclude groups organized solely or primarily to render services customarily carried on as commercial enterprises.
Collocation
has the same meaning as set forth by the FCC:
(1) 
When used in the context of an eligible facilities request, the definition in 47 C.F.R. Section 1.6100(b)(2), as may be amended from time to time, applies.
(2) 
When not used in the context of an eligible facilities request, the definition in 47 C.F.R. Section 1.6002(g), as may be amended from time to time, applies.
Commission
means the Planning Commission of the City.
Committee
means the Conceptual Development Review Committee of the City.
Community hall
means one or more buildings used by an organized group, neighborhood or entire community for cultural, social, or educational activities, which contains a full kitchen, parking and bathroom facilities, and are not part of, attached to, or immediately adjacent to, other uses already defined within the Code.
Comprehensive sign program
means a comprehensive signage plan applicable to a particular commercial or industrial premises and consisting of two or more signs which are permitted by and are in conformance with this article.
Conceptual Development Review Committee.
(See Committee.)
Contiguous
means the same as adjoining. (See Adjacent, Section 9-2.402 of this article.)
Convalescent home
means the same as rest home. (See Rest home, Section 9-2.419 of this article.)
Corner lot.
(See Lot, Corner, Section 9-2.413 of this article.)
Court
means an open unoccupied space bounded on two or more sides by the walls of a building. Inner court shall mean a court entirely enclosed within the exterior walls of a building. All other courts shall be outer courts.
(Ord. 159, § 15.03; Ord. 549, § 8; Ord. 558, § 5; Ord. No. 674, § 6; Ord. 09-742, § 6; Ord. 12-786A, § 3; Ord. 23-945, 8/17/2023)

§ 9-2.405 "D" Words and Phrases.

Dairy
means any premises where three or more cows or goats, or any combination thereof equaling three or more animals, are kept or maintained for the purpose of producing milk.
Detached living quarters
means the same as guest house. (See Guest house, Section 9-2.408 of this article.)
Director
means the Planning Director of the City.
Duplex
means the same as dwelling, two-family. (See Dwelling, Two-Family.)
Dwelling, One-Family.
One-family dwelling means a building designed or used exclusively for occupancy by one family and containing one dwelling unit.
Dwelling, Three-Family.
Three-family dwelling means a building designed or used exclusively for occupancy by three families and containing three dwelling units.
Dwelling, Two-Family.
Two-family dwelling means a building designed or used exclusively for occupancy by two families and containing two dwelling units.
Dwelling unit
means one or more rooms in a building, or portion thereof, designed, intended to be used, or used for occupancy by one family for living and sleeping quarters and containing only one kitchen.
(Ord. 159, § 15.04; Ord. 685, § 6)

§ 9-2.406 "E" Words and Phrases.

Eligible facilities request
has the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision.
Emergency shelter
means a facility that provides immediate and short-term housing and may offer supplemental services to homeless persons or families on a first-come, first-serve basis where people must vacate the facility each morning and have no guaranteed bed for the next night. Supplemental services may include counseling, food, and access to social programs.
Entertainer, Adult-Oriented.
Adult-oriented entertainer means a person who, for any form of consideration, performs at an adult-oriented business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the adult-oriented business.
Equipment cabinet
means a cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communications facility.
Explosive
means any explosive substance having a power equal to, or greater than that of, ordinary black powder, including, but not limited to, blasting caps, detonating, fulminating, or electric caps, gun powder, and dynamite, but excluding fixed ammunition for small arms.
(Ord. 159, § 15.05; Ord. 549, § 9; Ord. 13-798, § 6; Ord. 23-945, 8/17/2023)

§ 9-2.407 "F" Words and Phrases.

Family
means a person or persons, related by blood, marriage, or adoption, living together as a single housekeeping unit in a bachelor apartment or dwelling unit. Family shall also include a group of not more than five persons, including roomers but excluding servants, unrelated by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit.
Fast food drive-through restaurant
means a restaurant specializing in food that can be prepared and served quickly and that is designed for ready availability, use, or consumption with direct ordering by, and food delivery to, patrons while in their vehicles, through the use of a drive-up window and drive-through lane(s).
FCC
means the Federal Communications Commission or its lawful successor.
Fence
means a barrier intended to prevent intrusion or to mark a boundary.
Flag
means a piece of fabric or plastic of distinctive design that is used as a symbol for a nation, governmental entity, religious entity or other organization or that is used to signal or attract attention.
Floor area
means the total horizontal area of all the floors of a building measured from the exterior surface of the outside walls, including all floors below the ground level, and excluding vents, elevator and equipment shafts, interior open-air courts, exterior stairways and stairways outside of the enclosed building, utility rooms and janitorial closets not exceeding 50 square feet for each such room per building, trash enclosure or refuse areas, and unenclosed open-air common hallways or walkways.
Floor area ratio
means the numerical value obtained through dividing the aboveground floor area of a building by the total area of the lot or parcel of land on which such building is located.
Freeway
means a highway to which the owners of adjoining lands have no right or easement of access to or from their adjoining lands, or to which such owners have only limited or restricted right or easement of access, and which freeway is declared to be such in compliance with the Streets and Highways Code of the State, including principal roadways, interchange roadways connecting one freeway with another, and ingress and egress ramps connecting the freeway with other streets or highways, but excluding frontage roadways.
Front Lot Line.
(See Lot Line, Front, Section 9-2.413 of this article.)
Front Yard.
(See Yard, Front, Section 9-2.426 of this article.)
Front yard area
means the portion of a lot or parcel of land extending across the full width of the lot or parcel of land and from the front lot line to the front wall of the main building. The phrase "front yard area" is distinguishable from the phrase "front yard," as separately defined in this article.
(Ord. 159, § 15.06; Ord. 512, § 2; Ord. 685, § 7; Ord. 08-736 § 8; Ord. 09-743, § 6; Ord. 11-765, § 4; Ord. 11-769, § 9; Ord. 23-945, 8/17/2023)

§ 9-2.408 "G" Words and Phrases.

Game court
means any tennis court, paddle tennis court, sports court and other paved or unpaved surface that is enclosed with fencing and used for the purpose of playing one or more sports activities thereon.
Garage
means any building with not less than three enclosed sides, which building is used, or intended to be used, for automobile shelter and storage.
Grade, Ground Level.
Ground level grade means the average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.
Guest house
means living quarters located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests, or persons regularly employed on the premises. Such quarters shall have no kitchen and shall not be rented or otherwise used as a separate dwelling unit.
Guest Room.
(See Room, Guest, Section 9-2.419 of this article.)
(Ord. 159, § 15.07; Ord. 481, § 1)

§ 9-2.409 "H" Words and Phrases.

Half-Story.
(See Story, Half, Section 9-2.420 of this article.)
Hedge
means a fence or boundary formed by a dense row of shrubs or low trees.
Height.
(See Building height, Section 9-2.403 of this article.)
Heliport
means any helicopter landing area used, designed, or intended to be used for the receiving or discharging of passengers and cargo and shall include all the appurtenant facilities for passengers, cargo, and the servicing, repair, shelter, and storage of helicopters.
Helistop
means any helicopter landing area used, designed, or intended to be used for the receiving or discharging of passengers and cargo but shall exclude other appurtenant facilities permitted at a heliport, other than a shelter for passengers.
Highway
means and includes parkways, major and secondary highways, and freeways.
Highway, Major.
Major highway means a major highway shown as such on the Circulation Element of the General Plan of the City.
Highway, Secondary.
Secondary highway means a secondary highway shown as such on the Circulation Element of the General Plan of the City.
Hog ranch
means any premises where three or more weaned hogs are kept or maintained.
Home for the aged
means any institution, boarding home, or other place for the reception or care of persons over the age of 65 years not related to the proprietor by blood or affinity within the second degree and where boarding care is provided for three or more such aged persons.
Hospital
means an institution providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured. Hospital shall include sanitariums and sanatoriums.
Hotel
means any building, or portion of any building, with access provided through a common entrance, lobby, or hallway to six or more guest rooms having no cooking facilities, and which rooms are designed, intended to be used, or are used, rented, or hired out as temporary or overnight accommodations for guests.
Household pet
means any domesticated animal commonly maintained in residence with man.
(Ord. 159, § 15.08; Ord. 11-769, § 10)

§ 9-2.410 "I" Words and Phrases.

Indoor swap meet
means a retail commercial use in which one or more independently owned businesses conduct retail sales inside an enclosed building and within the floor area of a major anchor tenant. The term "indoor swap" meet includes bazaar, merchandise mall, indoor flea market, mercantile center, and other similar words and phrases used to describe an indoor swap meet.
(Ord. 575, § 6)

§ 9-2.411 "J" Words and Phrases.

Junk and salvage yard
means any premises used for the keeping or storage of junk, including, but not limited to, iron and scrap metals, paper, rags, glass, wood, and similar materials, and shall include the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking operations on such property or elsewhere. Junk and salvage yard shall also include the baling of cardboard, cardboard boxes, paper, and paper cartons.
(Ord. 159, § 15.10)

§ 9-2.412 "K" Words and Phrases.

Key Lot.
(See Lot, Key, Section 9-2.413 of this article.)
Kitchen
means any space within a building designed, intended to be used, or used for the cooking or preparation of food.
(Ord. 159, § 15.11)

§ 9-2.413 "L" Words and Phrases.

Landscaping
means the planting and maintenance of some combination of trees, shrubs, vines, groundcovers, flowers, or lawns. In addition, the combination or design may include natural features, such as rock and stone, and structural features, including, but not limited to, fountains, reflecting pools, art works, screens, walls, fences, and benches.
Landscape accessories
means accessories such as, but not limited to, statues, fountains, ornaments, sculptures, monuments, and any other art, ornamental or structural feature that is located in the front or side yard.
Lot
means:
(1) 
A parcel of real property which is shown as a lot in a subdivision as a final map with a number of other designation on plat recorded in the office of the County Recorder;
(2) 
A parcel of land the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State in the office of the County Recorder; or
(3) 
A parcel of land registered under the Land Title Law (Torrens Title) and held under separate ownership from adjacent property on April 7, 1971.
Lot area
means the total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land.
Lot, corner.
Corner lot means a lot or parcel of land situated at the intersection of two or more streets or highways which have an angle of intersection, measured within such lot or parcel of land, of not more than 135 degrees.
Lot depth
means the horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
Lot, key.
Key lot means an interior lot adjoining the rear lot line of reversed corner lot.
Lot line, front.
Front lot line means a line separating an interior lot from a street or highway or a line separating the narrower street frontage of a corner lot from the street or highway.
Lot line, rear.
Rear lot line means a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot, the rear lot line shall mean a line 10 feet in length within the lot, which line is parallel to the front lot line or parallel to the chord of a curved front lot line and at the maximum distance from the front lot line.
Lot, reversed corner.
Reversed corner lot means a corner lot the side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of such corner lot.
Lot line, side.
Side lot line means any lot boundary line which is not a front lot line or a rear lot line.
Lot, through.
Through lot means an interior lot having a frontage on two streets and/or highways.
Lot width
means the horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance midway between the front and rear lot lines.
(Ord. 159, § 15.12)

§ 9-2.414 "M" Words and Phrases.

Main building.
(See Building, Main, 9-2.403 of this article.)
Major anchor tenant
means a retail store having a floor area of at least 20,000 square feet.
Major highway.
(See Highway, Major, Section 9-2.409 of this article.)
Marijuana cultivation site
means the use of any building, structure, facility, or land, indoor or outdoor, that in any way involves planting, growing, harvesting, drying, curing, grading, trimming or storage of marijuana or cannabis, as described in California Business and Professions Code Section 19300.5 and referred to in California Health and Safety Code Section 11362.777, whether for medical or recreational purposes.
Marquee sign
means a sign located on a roof-like structure that projects beyond the exterior of the building, designed to provide weather protection, and located over the primary entrance of the building.
Medical clinic
means any facility providing physical or mental health service and medical or surgical care of the sick or injured but shall exclude inpatient or overnight accommodations. Medical clinic shall include health centers, health clinics, and doctors' offices.
Medical office
means any facility providing physical or mental health service and medical care of the sick or injured, including doctors' offices, but shall exclude surgical care, inpatient (overnight) accommodations, health centers and health clinics.
Mobile Billboard Advertising Display, Motorized.
Motorized mobile billboard advertising display means an advertising display that is attached to a motor vehicle that carries, conveys, pulls, or transports a sign for the primary purpose of advertising, but shall exclude any advertising display that: (i) is painted directly upon or are permanently affixed to the body of, an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display; and (ii) does not extend beyond the overall length, width, or height of the motor vehicle.
Mobile Billboard Advertising Display, Non-Motorized.
Non-motorized mobile billboard advertising display means an advertising display that is attached to a wheeled, mobile, non-motorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising, in accordance with Section 395.5 of the California Vehicle Code and sections amendatory or supplementary thereto.
Mobile home park
means any lot or parcel of land where trailer sites are rented or leased, or offered for rent or lease, for one or more trailer coaches.
Mobile vending, vend and vending
mean to sell, offer for sale, expose for sale, solicit offers to purchase, or to barter food, food products, ice cream, goods or merchandise from a motor vehicle while parked, stopped, or standing upon any private property in the City. Mobile vending business, vend and vending do not mean to sell, offer for sale, expose for sale, solicit offers to purchase, or to barter:
(1) 
Newspapers, leaflets, or pamphlets;
(2) 
Beverage containers sorted and processed through a reverse vending machine; and
(3) 
The following items that are inherently communicative, have nominal utility apart from their communication, and have been created, written or composed by the vendor: books, recorded music, poetry, prose, sculptures, paintings, prints or photographs.
Monopole
means a single freestanding pole, post, or similar structure, used to support equipment associated with a single wireless communication facility.
Motion picture theater
means an establishment which, for any form of consideration, offers to show films, computer generated images, motion pictures, video cassettes, slides or other photographic or electronic reproductions.
Motel
means one or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court. Such facilities shall be designed, used, or intended to be used, rented, or hired out for temporary or overnight accommodations for guests and shall be offered primarily to automobile tourists or transients by signs or other advertising media. Motel includes auto courts, motor lodges, tourist courts, and motor hotels.
Motor vehicle
means a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street or highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
(Ord. 159, § 15.13; Ord. 558, § 5; Ord. 575, § 7; Ord. 587, § 8; Ord. 663, § 6; Ord. 08-730, § 9; Ord. 12-785, § 2; Ord. 13-795, § 5; Ord. 15-827, §§ 7, 8; Ord. 16-829U, §§ 8, 9; Ord. 22-929, § 5; Ord. 23-945, 8/17/2023)

§ 9-2.415 "N" Words and Phrases.

Neon Lighting, Exposed.
Exposed neon lighting means a form of illumination created by the transmission of electrical energy through a glass or other tube containing neon gas, other gaseous matter, or fiber optic lighting mechanisms, resulting in the illumination projecting from the tube, and where the tube is exposed and visible when the sign face or building elevation is viewed from any angle or distance.
Nonconforming Structure.
(See Structure, Nonconforming, Section 9-2.420 of this article.)
Nonconforming Use.
(See Use, Nonconforming, Section 9-2.422 of this article.)
Nursery school
means a school providing day care of pre-elementary school age children.
(Ord. 159, § 15.14; Ord. 657, § 8)

§ 9-2.416 "O" Words and Phrases.

One-Family Dwelling.
(See Dwelling, One-Family, Section 9-2.405 of this article.)
Ordinance
means an ordinance of the City.
Outdoor advertising
means and includes any board, fence, card, cloth, paper, or metal, wooden, painted, printed, or lighted structure of any character used to convey information, or upon which any advertisement is shown, or whereon any poster, bill, printing, painting, device, or other advertising matter of any kind whatsoever may be placed, stuck, tacked, posted, printed, painted, or fastened and where the same is placed on the ground or on a bush, rock, fence, wall, building, or other structure. Outdoor advertising includes billboards, flags, posters, spectacles, displays, signs, whether ground, projecting, roof, or wall, and banners, unless expressly excluded as set forth in this subsection. Outdoor advertising excludes:
(1) 
Official notices issued by any court or public body or officer;
(2) 
Notices posted by any public officer in the performance of a public duty or by any person giving legal notice;
(3) 
Directional, warning, and informational signs and structures required or authorized by law, by Federal or State law or regulations, or by City laws, resolutions, or minute orders;
(4) 
Directional and informational signs not exceeding two square feet in size;
(5) 
Advertising structures advertising the sale, lease, rental, trade, letting, or hiring of the premises upon which such structures are located provided such structures do not exceed 12 square feet in size on properties located within any residential zone or otherwise primarily used for residential use or 40 square feet in size for properties used primarily for any nonresidential use; and provided that they are securely fastened to the ground or to a structure located on such premises; and
(6) 
Notices, signs, and informational signs, not more than one per street frontage, pertaining to and located on the premises of a church establishment. Such signs shall not exceed 25 square feet in area per face and six feet in height, exclusive of architectural features.
(Ord. 159, § 15.15; Ord. 12-785, § 3)

§ 9-2.417 "P" Words and Phrases.

Parcel of land
means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of the same claimant or person.
Park
means a park, playground, swimming pool, golf course or athletic field which is under the control, operation or management of the City or another public agency.
Parking space
means a readily accessible area, excluding driveways, ramps, and loading and work areas, maintained exclusively for the parking of one motor vehicle.
Pennant
means a triangular piece of fabric or plastic that is usually longer in the fly than in the hoist and that usually tapers to a point and that is used to signal or attract attention.
Perform at an adult-oriented business
means to engage in or participate in any live performance at an adult-oriented business that either: (i) is characterized by an emphasis upon specified sexual activities; or (ii) features any semi-nude person.
Person
means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, political subdivision, foreign country, or any other group or combination acting as a unit.
Personal wireless services
shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i).
Planned development
means the planning, construction, or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land, based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project.
Planning Commission.
(See Commission, Section 9-2.404 of this article.)
Private Club.
(See Club, Private, Section 9-2.404 of this article.)
Public utility service center
means any building or premises used for the administration of public utility repair, maintenance, and installation crews, including parking for vehicles not to exceed one and one-half tons rated capacity, but excluding warehouses and storage yards.
Public utility service yard
means any building or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility, including microwave repeater stations when incorporated as part of the service yard use.
(Ord. 159, § 15.16; Ord. 512, § 3; Ord. 549, §§ 10, 11; Ord. 582, § 21; Ord. 23-945, 8/17/2023)

§ 9-2.418 "Q" Words and Phrases.

Quarry
means any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite, or other similar material is removed by excavation or otherwise. Quarry includes mining operations for the removal of ores, precious stones, or other solid minerals but shall exclude:
(1) 
The excavation and removal of materials from a lot or parcel of land preparatory to the construction of a building, for which a building permit has been issued and remains in full force and effect, provided such excavation is confined to that necessary for such building construction, but in no event shall more than 5,000 cubic yards of soil or other excavated materials be removed from such premises; and
(2) 
Excavations on lots, parcels of land, and subdivisions necessary to grading, building construction, and operations on the premises, where a building permit is not in full force and effect, provided such excavation is necessary to prepare a site for a lawful use permitted thereon, but in no event shall more than 500 cubic yards of soil or other excavated materials be removed from such premises.
(Ord. 159, § 15.17)

§ 9-2.419 "R" Words and Phrases.

Rear Lot Line.
(See Lot Line, Rear, Section 9-2.413 of this article.)
Rear Yard.
(See Yard, Rear, Section 9-2.426 of this article.)
Rear yard area
means the portion of a lot or parcel of land extending across the full width of the lot or parcel of land and from the rear lot line to the rear wall of the main building. The phrase "rear yard area" is distinguishable from the phrase "rear yard," as separately defined in this article.
Recorder
means the County Recorder.
Regular and substantial course of conduct and regular and substantial portion of business (adult-oriented business)
mean, with respect to an adult-oriented business that any of the following conditions exist:
(1) 
At least 20% of the stock-in-trade is devoted to adult-oriented material, adult-oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
(2) 
At least 20% of the total display area is devoted to adult-oriented material, adult-oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
(3) 
The business presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activities or featuring any semi-nude person on any four or more separate days within any 30-day period.
(4) 
At least 20% of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
Religious institution
means a structure which is used primarily for religious worship and related religious activities.
Residence
means one or more rooms designed, used, or intended to be used as permanent living quarters for a family and not as temporary or overnight accommodations.
Rest home
means a home offering or providing lodging, meals, nursing, dietary, or other personal services to convalescents, invalids, or aged persons, excluding surgery or the care of persons with contagious or communicable diseases. Rest home includes convalescent homes and homes for the aged.
Reversed Corner Lot.
(See Lot, Reversed Corner, Section 9-2.413 of this article.)
Roof sign
means any sign erected upon or over the roof of any building or which is partially or totally supported by the roof or roof structure of the building. Signs attached to a mansard roof shall be considered a wall sign and shall not extend beyond the exterior lines of the roof or exceed other wall sign standards.
Room
means an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.
Room, Guest.
Guest room means one room which does not contain cooking facilities and which is designed, used, or intended to be used as temporary sleeping accommodations for any person.
Rooming house and boarding house
means a lodging house or other building or structure maintained, advertised, or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public, whether with or without meals. Rooming house includes fraternity and sorority houses.
(Ord. 159, § 15.18; Ord. 549, § 12; Ord. 558, § 5; Ord. 685, § 8)

§ 9-2.420 "S" Words and Phrases.

Salvage Yard.
(See Junk and salvage yard, Section 9-3.411 of this article.)
Sanitarium and sanatorium
means the same as hospital. (See Hospital, Section 9-2.409 of this article.)
School
means: (i) any child or day-care facility; and (ii) any institution of learning for minors, whether public or private, offering instruction in the courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.
Secondary Highway.
(See Highway, Secondary, Section 9-2.409 of this article.)
Semi-nude
means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
Service provider
means any authorized provider of personal wireless services.
Shared parking
means the counting of parking spaces as satisfying the required parking for more than one use or business located on the same lot or parcel of land.
Side Lot Line.
(See Lot Line, Side, Section 9-2.413 of this article.)
Side Yard.
(See Yard, Side, Section 9-2.426 of this article.)
Sign
means any method of display, or part thereof, for visual communication, which shall include any announcement, declaration, demonstration, display, illustration, or insignia, which is used to advertise or promote the interests of any person, business, group, or enterprise, including "accessory signs" and "outdoor advertising." (See Sign, Accessory, below, and Outdoor advertising, Section 9-2.416 of this article, respectively.)
Sign, accessory
means any sign other than outdoor advertising. (See Outdoor advertising, Section 9-2.416 of this article.)
Sign, hanging
means any sign hung or suspended below a marquee, eave, canopy, or cantilevered covered walkway in such a manner that the sign is parallel to the building façade or fascia.
Sign, monument
means a low-profile, free-standing sign structure mounted on a short, solid base that is affixed to the surface of the ground.
Sign, off-premises
means a commercial sign which displays any message directing attention to a business, product, service, profession, commodity, activity, event, person, institution, or other commercial message which is generally conducted, sold, manufactured, produced, offered, or occurs elsewhere than on the premises where such sign is located.
Sign, pole
means any freestanding sign structure mounted on a column or pole or columns or poles where the bottom of the sign face is more than one foot from the surface of the immediately surrounding ground area or where the height of the sign structure is greater than five feet from the surface of the immediately surrounding ground area.
Sign, projecting
means a sign which is supported by and projects from a wall or parapet in excess of 12 inches from the wall or parapet with the display surface of the sign in a plane that is not parallel to the building façade or fascia.
Sign, roof
means a sign that is mounted on the roof of a building, or which is dependent upon a building for support, and which projects above the highest point of a building with a flat roof, the eave line of a building with gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
Sign, temporary
means any handbill or sign that is not designed, constructed, rated, or intended for permanent display on the property, including those made of paper, cardboard, cardstock, cloth, or other signs that are not permanently affixed to the ground or building. In the case of property in any commercial or industrial zone, it shall also mean any handbill or sign, other than a temporary banner authorized by this Code, that displays a message unrelated to the commercial or industrial activity conducted on the site.
Sign, vehicle
means a sign that is attached, affixed, painted, posted, displayed, or otherwise maintained on a vehicle (as that term is defined by the California Vehicle Code), but shall exclude any sign on a vehicle that displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business, work, or conduct of the owner, and not used or parked primarily to display advertisements.
Sign, wall.
(See Wall sign, Section 9-2.424 of this article).
Small cell facility
has the same meaning as "small wireless facility" in 47 C.F.R. 1.6002(1), or any successor provision.
Specified anatomical areas
means the following:
(1) 
Less than completely and opaquely covered human: (i) genitals or pubic region, (ii) buttocks, and (iii) female breast below a point immediately above the top of the areola;
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
(3) 
Any device, costume or covering that simulates any of the body parts included in subparagraphs (1) or (2) above.
Specified sexual activities
means the following, whether performed directly or indirectly through clothing or other covering:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(2) 
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) 
Masturbation, actual or simulated;
(4) 
Excretory functions as part of, or in connection with, any of the other activities described in subparagraphs (1) through (3) above.
Sports and recreational facilities
means establishments for the purposes of sports education, training, and recreation, including establishments with indoor use of basketball courts, tennis courts, batting cages, golf, soccer, or other similar activities and excluding facilities where the principal use is the general non-sport oriented, physical fitness or training of its members, such as gymnasiums, health clubs and spas.
Stealth design
means improvements or treatments added to a wireless communication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer.
Story
means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Story shall include basements but not cellars.
Story, Half.
Half-story means a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of such story not in excess of two-thirds of the floor area of the floor immediately below.
Street
means a public or private right-of-way, other than a parkway, major or secondary highway, freeway, or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.
Structure
means anything constructed or erected which requires a fixed location on the ground or is attached to something having a fixed location on the ground.
Structure, Advertising.
Advertising structure means a structure existing, erected, or maintained to serve exclusively as a stand, frame, or background for the support or display of signs.
Structure, Nonconforming.
Nonconforming structure means any structure or improvement which was lawfully established and in compliance with all applicable laws prior to the adoption of this chapter or any amendment thereto, but which, by reason of such adoption or amendment, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
Structure, support
means any structure any structure capable of supporting a base station.
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.
(Ord. 159, §§ 15.14, 15.19; Ord. 330, § 2; Ord. 529, § 5; Ord. 549, § 13; Ord. 621, § 2; Ord. 632, § 6; Ord. 642, § 6; Ord. 658, § 7; Ord. 671, § 7; Ord. 08-737 § 6; Ord. 12-785, §§ 4—6; Ord. 13-798, § 7; Ord. 17-841, § 4; Ord. 19-875, §§ 6, 7; Ord. 23-945, 8/17/2023)

§ 9-2.421 "T" Words and Phrases.

Take-out restaurant
means a restaurant where food is prepared and sold principally for consumption off-site.
Three-Family Dwelling.
(See Dwelling, Three-Family, Section 9-2.405 of this article.)
Through lot.
(See Lot, Through, Section 9-2.413 of this article.)
Tower
has the meaning as set forth in 47 C.F.R. Section 1.6100(b)(9), or any successor provision.
Transitional housing
means buildings configured as rental housing developments, but operated under program requirement 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.
Trellis
means a landscape feature within a garden or yard area of a lot that may or may not be constructed with lattice, and is designed to provide decoration, shade or both, and which does not have a solid material roof or side. A trellis that is used to support grape vines or other vines is a grape arbor or other arbor.
Two-Family Dwelling.
(See Dwelling, Two-Family, Section 9-2.405 of this article.)
(Ord. 159, § 15.20; Ord. 07-724, § 7; Ord. 08-736 § 9; Ord. 13-798, § 8; Ord. 23-945, 8/17/2023)

§ 9-2.422 "U" Words and Phrases.

Use
means and includes construction, establishment, maintenance, alteration, moving onto, enlargement, operation, and occupancy.
Use, Accessory.
Accessory use means a use customarily incidental to, related, and clearly subordinate to a principal use which accessory use does not adversely affect other properties in the area.
Use, Nonconforming.
Nonconforming use means any use of land or property which was lawfully established and in compliance with all applicable laws prior to the adoption of this chapter or any amendment thereto, but which, by reason of such adoption or amendment, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
(Ord. 159, §§ 15.01, 15.14, 15.21; Ord. 671, § 8)

§ 9-2.423 "V" Words and Phrases.

Variance
means a modification of a literal provision of this chapter granted by an administrative or quasi-judicial act in accordance with the provisions of this chapter.
Vehicle.
(See Motor vehicle, Section 9-2.414 of this article.)
Vend and Vending.
(See Mobile vending, vend and vending, Section 9-2.414 of this article.)
(Ord. 159, § 15.22; Ord. 13-795, § 6)

§ 9-2.424 "W" Words and Phrases.

Wall
means an upright structure of masonry, wood, plaster, or other building material serving to enclose, divide, or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building.
Wall sign
means a sign which is in any manner affixed to the wall of a building or structure which projects not more than 12 inches from the building wall and which does not extend beyond the façade of the building on which it is located. Wall signs shall include signs attached to a mansard roof.
Wireless communications facility
means the transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
(Ord. 159, § 15.23; Ord. 558, § 5; Ord. 11-769, § 11; Ord. 23-945, 8/17/2023)

§ 9-2.425 "X" Words and Phrases.

(Reserved)
(Ord. 159, § 15.24)

§ 9-2.426 "Y" Words and Phrases.

Yard
means an open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.
Yard, Front.
Front yard means a yard extending across the full width of the front of the lot or parcel of land, which has a minimum depth measured by the horizontal distance between the front lot line, and a line parallel thereto on the lot or parcel of land, which distance is specified in the provisions of this chapter for each zone or use. The phrase "front of the lot" shall mean that boundary line of the lot or parcel that abuts a public street, excluding a public alley. For a corner lot or a reversed corner lot, the front of the lot shall be the boundary line of the lot or parcel that has the shortest distance along the abutting streets; if one of the abutting boundary lines is not shorter than the other, the front of the lot shall be determined by the street address assigned to the lot or parcel. The phrase "front yard" may also be referred to in this chapter as the front yard setback, and is distinguishable from "front yard area," as separately defined in this article.
Yard, Rear.
Rear yard means a yard extending across the full width of the rear of the lot or parcel of land, which has a minimum depth measured by the horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land, which distance is specified in the provisions of this chapter for each zone or use. The phrase "rear yard" may also be referred to in this chapter as the rear yard setback, and is distinguishable from "rear yard area," as separately defined in this article.
Yard, Side.
Side yard means a yard extending between the front yard, or the front lot line where no front yard is required, to the rear yard, or the rear lot line where no rear yard is required, and which has a minimum width measured by the horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land, which distance is specified in the provisions of this chapter for each zone or use. For a corner or reversed corner lot, a side yard shall have a minimum width measured by the horizontal distance between the side lot line on the street or highway side, and a line parallel thereto on the lot or parcel of land, which distance is specified in the provisions of this chapter for each zone or use. The phrase "side yard" may also be referred to in this chapter as the side yard setback.
(Ord. 159, § 15.25; Ord. 685, § 9)

§ 9-2.427 "Z" Words and Phrases.

(Reserved)
(Ord. 159, § 15.26)