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Arvin City Zoning Code

CHAPTER 17

02 - TITLE AND DEFINITIONS

17.02.010 - Title.

The ordinance codified in this title shall be known as the "land-use zoning ordinance."

(Ord. 51 §101 (part), 1965).

17.02.020 - Construction.

When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number and words in the plural number include the number and the masculine includes the feminine. The word "shall" is always mandatory and not merely directory.

(Ord. 51 §101(part), 1965).

17.02.030 - Definitions—Applicability.

For the purpose of this title, certain terms and words are defined as provided in this chapter.

(Ord. 51 §101 (part), 1965).

17.02.040 - Accessory building.

"Accessory building" means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

(Ord. 51 §103, 1965).

17.02.050 - Accessory use.

"Accessory use" means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

(Ord. 51 §102, 1965).

17.02.052 - Accessory dwelling unit—ADU.

A residential dwelling unit that provides independent living facilities and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling to which it is accessory. Refer to Chapter 17.51 Accessory Dwelling Units.

Accessory dwelling units include standard ADUs, movable tiny homes, and Junior ADUs. ADUs include an efficiency unit as defined in Health and Safety Code section 17958.1, and a manufactured home as defined in Health and Safety Code § 18007. This use classification is intended to be consistent with Government Code § 65852.2 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

1.

Standard ADU. A standard accessory dwelling unit that provides complete independent living facilities. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. It may be attached or detached.

2.

Junior ADU. A dwelling unit that is no more than five hundred (500) square feet in size, and is contained entirely within a primary single-family residence or a detached accessory dwelling unit, and both shall have independent entrances. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation facilities on the same parcel as the primary dwelling to which it is accessory. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing dwelling unit. The junior accessory dwelling unit must contain either a full kitchen or an efficiency kitchen consisting of cooking facilities with appliances, food preparation counters, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. This use classification is intended to be consistent with Government Code §§ 65852.2 and 65852.22 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

(Ord. No. 492, § 3, 4-23-2024)

17.02.057 - Agricultural employee housing.

Housing occupied by individuals who are primarily engaged in an agricultural operation. Family members of such individuals may also live in the same unit. Agricultural employee housing is not required to be located on the same property as an agricultural operation.

All uses within this classification shall fit within one (1) of the following subcategories:

1.

Small-scale permanent. Permanent housing facilities that include no more than six (6) dwelling units or eighteen (18) beds in group living quarters. This may include mobile homes and manufactured homes. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. Where agricultural employee housing consists of a combination of both individual dwelling units and group living quarters, each dwelling unit shall count as three (3) beds toward the maximum of eighteen (18) beds in group living quarters.

2.

Large-scale permanent. Permanent housing facilities that include more than six (6) dwelling units or eighteen (18) beds in group living quarters, or housing that does not meet the supplemental use regulations for small-scale agricultural employee housing. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot.

3.

Seasonal. Temporary housing that is present on site for no more than one hundred eighty (180) days per year and is not subject to the Special Occupancy Parks Act, Health & Safety Code § 18860 et seq. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. This housing is limited to movable tiny homes, which for the purpose of seasonal agricultural employee housing, may be located on a lot without a primary residence. The property owner shall declare the specific occupancy period dates for each housing unit annually and submit that information to the city planner by January 31 of each year. All such housing shall be removed from the site outside of the declared occupancy period dates.

(Ord. No. 492, § 3, 4-23-2024)

17.02.060 - Alley.

"Alley" means a public way permanently reserved as a secondary means of access to abutting property.

(Ord. 51 §104, 1965).

17.02.070 - Apartment hotel.

"Apartment hotel" means a building or portion thereof designed for or containing both individual guestrooms or suites of rooms and dwelling units.

(Ord. 51 §105, 1965).

17.02.080 - Apartment house.

"Apartment house" means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other.

(Ord. 51 §106, 1965).

17.02.090 - Automobile service station.

"Automobile service station" means a service station which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning.

(Ord. 51 §107, 1965).

17.02.100 - Boardinghouse and roominghouse.

"Boardinghouse" and "roominghouse" each mean a building or portion thereof which is used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. "Compensation" includes compensation in money, services or other things of value.

(Ord. 51 §108, 1965).

17.02.110 - Building.

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.

(Ord. 51 §109 1965).

17.02.120 - Building height.

"Building height" means the vertical distance from the "grade" to the highest point of the structure.

(Ord. 51 §110, 1965).

17.02.130 - Building site.

"Building site" means the ground area of a building or group of buildings together with all open spaces as required by this title.

(Ord. 51 §111, 1965).

17.02.140 - Bungalow court.

"Bungalow court", means a group of three (3) or more detached one-story, one-family dwellings or two-family dwellings located upon a single lot, together with all open spaces as required by this title, but not including motels.

(Ord. 51 §112, 1965).

17.02.150 - Carport.

"Carport", means a permanent, roofed structure with not more than two (2) enclosed sides and which is used or intended to be used for automobile shelters and storage.

(Ord. 51 §1l3(part), 1965).

17.02.160 - Church.

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

(Ord. 51 §1l3(part). 1965).

17.02.170 - Club.

"Club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.

(Ord. 51 §114, 1965).

17.02.180 - Communications equipment building.

"Communications equipment building" means a building housing operating electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel and not including public utility service yards.

(Ord. 51 §115, 1965).

17.02.182 - Cottage food operations.

An enterprise with gross annual sales limits set forth in subdivision (a) of § 113758 of the Health and Safety Code, is operated by a cottage food operator and having not more than one (1) full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, and conducted within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared and/or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to § 113758 subdivision (b), subsections (4) and (5) of the Health and Safety Code. A "cottage food operation" includes both of the following:

1.

Class A. Cottage food operations may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as temporary events. A separate permit from the County of Kern County shall be required to operate a temporary food facility at such events. A Class A cottage food operation shall not be open for business, unless it is registered with the County of Kern County.

2.

Class B. Cottage food operations may engage in both direct sales and indirect sales of cottage food products, such as a permitted third-party retail food facility. A Class B cottage food operator shall not be open for business unless it obtains a permit from the County of Kern County.

(Ord. No. 492, § 3, 4-23-2024)

17.02.185 - Density bonuses and other incentives.

"Density bonuses and other incentives" shall have the same meaning as it is defined in Government Code title 7, planning and land use (§§ 65000 - 66499.58), division 1, planning and zoning [§§ 65000 - 66103], chapter 4.3. density bonuses and other incentives [§§ 65915 - 65918], as may be amended.

(Ord. No. 421, § 1, 7-7-2015; Ord. No. 456, § 4(Exh. A, § 2), 2-26-2019)

17.02.187 - Developer incentives.

"Developer incentives" shall have the same meaning as "concessions or incentives" defined in Government Code § 65915(k), as may be amended.

(Ord. No. 421, § 1, 7-7-2015)

17.02.189 - Disabled person.

"Disabled person" means a person who has a medical, physical, or mental, as those terms are defined in California Government Code § 12926, as may be amended.

(Ord. No. 421, § 1, 7-7-2015)

17.02.190 - Dwelling.

"Dwelling" means a building, or portion thereof, designed exclusively for residential purposes, including one-family, two-family, three-family, multiple dwelling, and mobile homes, but not including hotels, motels, boardinghouses and lodginghouses or trailers, even though permanently immobilized.

(Ord. 182 Exhibit A (1), 1982: Ord. 51 §116, 1965).

17.02.200 - Dwelling, group.

"Group dwelling" means a combination or arrangement of dwellings on one (1) building site.

(Ord. 51 §119, 1965).

17.02.205 - Dwelling, mobile home.

"Mobile home dwelling" means a structure, transportable in one or more sections, which, when erected on site measures eight (8) body feet or more in width and forty (40) body feet or more in length, and designed to be used as a one-family dwelling, with or without a permanent foundation, when connected to the required utilities.

(Ord. 182 Exhibit A(2), 1982).

17.02.210 - Dwelling, multiple family.

"Multiple family dwelling" means a building or portion thereof, designed for or occupied by three (3) or more families living independently of each other.

(Ord. 51 §120, 1965).

17.02.220 - Dwelling, single-family.

One-family dwelling-lot, subject to the provisions of Section 17.50.130. One dwelling lot unit classification permits one (1) primary unit and one (1) urban primary unit on a single lot, that is zoned as a single-family residential zone. Units may be completely detached from any other dwelling unit. This classification includes a manufactured home. housing types (e.g., ADUs, JADUs), a parcel not zoned for multi-family development shall under no circumstances have more than four (4) units - a primary dwelling unit, an urban primary unit, an accessory dwelling unit, and a junior accessory dwelling unit, unless the parcel qualifies for an urban primary unit thru an urban lot split.

Urban primary lot/unit. A second residential dwelling unit, created thru a urban lot split may have a maximum of two (2) dwelling units on an urban lot consisting of a urban primary unit and a detached or attached ADU OR a urban primary unit and a JADU. An urban primary unit is not an accessory dwelling unit or junior accessory dwelling unit, refer to Chapter 17.51 Accessory Dwelling Units. This use classification is intended to implement Government Code §§ 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

(Ord. 51 §117, 1965).

(Ord. No. 492, § 3, 4-23-2024)

17.02.230 - Dwelling, two-family.

"Two family dwelling" means a detached building designed for or occupied exclusively by two (2) families living independently of each other.

(Ord. 51 §118, 1965).

17.02.240 - Dwelling unit.

"Dwelling unit" means one (1) or more rooms in a dwelling, apartment house or apartment hotel designed for or occupied by one (1) family for living or sleeping purposes and having not more than one (1) kitchen.

(Ord. 51 §121, 1965).

17.02.250 - Educational institution.

"Educational institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

(Ord. 51 §122, 1965).

17.02.255 - Emergency shelter.

"Emergency shelter" shall have the same meaning as defined in the Health and Safety Code, section 50801(e), as may be amended.

(Ord. No. 421, § 1, 7-7-2015)

17.02.257 - Employee housing.

"Employee housing" means residential housing whose occupancy is restricted to persons who may be employed in raising or harvesting any agricultural commodities. All occupants of the housing unit(s) must be "agricultural employees", as defined in Section 1140.4 of the Labor Code. The housing shall be provided by someone other than an "agricultural employer", as defined in Section 1140.4 of the Labor Code.

(Ord. No. 421, § 1, 7-7-2015)

17.02.258 - Extremely low income household.

"Extremely low income household" shall have the meaning set forth in Health and Safety Code, section 50106, as may be amended, wherein the geographic area referenced is Kern County.

(Ord. No. 421, § 1, 7-7-2015)

17.02.259 - Fair housing laws.

"Fair housing laws" means (1) the federal Fair Housing Act (42 U.S.C. section 3601 and following) and (2) the California Fair Employment and Housing Act (Government Code section 12955 and following), including amendments to them.

(Ord. No. 421, § 1, 7-7-2015)

17.02.260 - Family.

"Family" shall be defined by the maximum number of individuals permitted in a given residential space per the standards of the Uniform Housing Code and/or the California Building Code as applicable; generally defined as an individual or a group of individuals, related or unrelated, living together as a single housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind.

(Ord. 51 §123, 1965).

(Ord. No. 397, 8-2-2011; Ord. No. 407, § 1, 7-16-2013; Ord. No. 456, § 4(Exh. A, § 3), 2-26-2019)

17.02.270 - Garage, private.

"Private garage" means a building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings of the premises are stored or kept.

(Ord. 51 §124, 1965).

17.02.280 - Garage, public.

"Public garage" means a building other than a private garage, used for the care, repair or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

(Ord. 51 §125, 1965).

17.02.290 - Grade.

"Grade" (ground level) means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, such ground level shall be measured at the sidewalk.

(Ord. 51 §126, 1965).

17.02.295 - Hazardous waste.

"Hazardous waste" means a waste, or combination of wastes which because of its quantity, concentration or physical, chemical or infectious characteristics may either:

A.

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible, illness;

B.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.

The term "hazardous waste" shall also be understood to include extremely hazardous waste.

(Ord. 228 §1(part), 1988).

17.02.296 - Hazardous waste facility.

"Hazardous waste facility" means any structure, other appurtenances and improvements on land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste.

(Ord. 228 §1(part), 1988).

17.02.300 - Hog ranch.

"Hog ranch" means any premises used for the commercial raising of hogs that are fed garbage secured from off the premises.

(Ord. 51 §127, 1965).

17.02.310 - Home occupation. *[2]

"Home occupation - Quasi-home occupation" shall mean any occupation, profession, activity, or use, home-based business, conducted entirely within a dwelling, accessory structure, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone district of which it is part which meets the criteria listed in Section 17.08.020(D). Where such occupation does not meet the criteria under Section 17.08.020(D), the community development director may, upon issuance of an administrative permit per Section 17.05.080 per Arvin City Code approve or conditionally approve such use.

(Ord. 51 §128, 1965).

(Ord. No. 444, § 2, 11-21-2017)

Footnotes:
--- (2) ---

* Editor's Note: See also §17.02.520, Quasi-home occupation.


17.02.320 - Hospital.

"Hospital" means any building or portion thereof used for the accommodations and medical care of sick, injured or infirm persons and including sanitariums.

(Ord. 51 §130, 1965).

17.02.330 - Hotel.

"Hotel" means a building designed for, or occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which there are six (6) or more guestrooms, and in which no provision is made for cooking in any individual room or suite.

(Ord. 51 §131, 1965).

17.02.340 - Lot.

"Lot" means a parcel of real property with a separate and distinct number of letters as shown on a plat recorded or filed with the county recorder or a parcel of real property abutting upon at least one (l) public street or private easement and held under separate ownership prior to the effective date of the ordinance codified in this title.

(Ord. 51 §132, 1965).

17.02.350 - Lot area.

"Lot area" means the total horizontal area within the lot lines of a lot.

(Ord. 51 §133, 1965).

17.02.360 - Lot, corner.

"Corner lot" means a lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees.

(Ord. 51 §134, 1965).

17.02.370 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(Ord. 51 §135, 1965).

17.02.380 - Lot, key.

"Key lot" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.

(Ord. 51 §136, 1965).

17.02.390 - Lot line, front.

"Front lot line" means the property line dividing a lot from a street. On a corner lot only one (l) street line shall be considered as a front line and the shorter street frontage shall be considered the front lot line.

(Ord. 51 §139, 1965).

17.02.400 - Lot line, rear.

"Rear lot line" means the line opposite the front lot line.

(Ord. 51 §140, 1965).

17.02.410 - Lot line, side.

"Side lot line" means any lot lines other than front lot lines or rear lot lines.

(Ord. 51 §141, 1965).

17.02.420 - Lot, reversed corner.

"Reversed corner lot" means a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.

(Ord. 51 §137, 1965).

17.02.430 - Lot, through.

"Through lot" means a lot having frontage on two (2) parallel or approximately parallel streets.

(Ord. 51 §138, 1965).

17.02.431 - Lower income household.

"Low income household" shall have the meaning set forth in Health and Safety Code § 50079.5, as may be amended, wherein the geographic area referenced is Kern County.

(Ord. No. 421, § 1, 7-7-2015)

17.02.435 - Manufactured homes.

Manufactured Housing Government Code § 65852.3; Manufactured homes may be installed on lots zoned for conventional single-family residential dwellings where the manufactured home is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code. Installation of manufactured homes on lots zoned for conventional single-family residential dwellings shall be subject to section 17.50.130 - single family dwellings and mobile homes - development/architectural standards. Additionally, if more than ten (10) years have elapsed between the date of the manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home, the manufactured home shall not be permitted.

(Ord. No. 492, § 3, 4-23-2024)

17.02.440 - Mobile home.

A "mobile home" means a structure, transportable in one (1) or more sections, which when erected on site measures eight (8) body feet or more in width and forty (40) body feet or more in length, and designed to be used as a one-family dwelling, with or without a permanent foundation, when connected to the required utilities.

(Ord. 182 Exhibit A (4), 1982: Ord. 51 §142, 1965).

17.02.450 - Mobile home park.

"Mobile home park" means any area or tract of land where one or more mobile home sites are rented or held out for rent, and shall include a trailer park.

(Ord. 51 §143, 1965).

17.02.455 - Mobile recycling unit.

A "mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

(Ord. 227 §1(part), 1988).

17.02.460 - Motel.

"Motel" means a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit, including tourist courts, auto courts, or motor lodges.

(Ord. 51 §144, 1965).

17.02.470 - Nonconforming building.

"Nonconforming building" means a building or structure or portion thereof existing in conflict with the provisions of this title applicable to the zone in which it is situated.

(Ord. 51 §145, 1965).

17.02.480 - Nonconforming use.

"Nonconforming use" means the use of a structure or premises for a purpose which is in conflict with the provisions of this title.

(Ord. 51 §146, 1965).

17.02.490 - Occupied.

"Occupied" includes arranged, designed, built, altered, converted, rented or leased or intended to be occupied.

(Ord. 51 §147, 1965).

17.02.500 - Person.

"Person" means any individual, firm, copartnership, joint adventure, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(Ord. 51 §148, 1965).

17.02.505 - Planning director—City planner—Planner—Community development director.

"Planning director, city planner, community development director" herein referred as the planner shall refer to that person designated by the city manager as the individual or individuals assigned to perform the duties of the planner. The city manager may appoint and designate an individual or individuals to perform the duties of the planner. The city manager, or designee, shall serve as the planner in the absence of such an appointment.

(Ord. No. 456, § 4(Exh. A, § 1), 2-26-2019; Ord. No. 496, § 1, 7-23-2024)

17.02.510 - Public utility service yard.

"Public utility service yard" means a site or portion of a site on which a public utility company may store, house or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduits, transformers, crossarms, utility poles or any other materials, tools or supplies necessary for the normal maintenance of the utility facilities.

(Ord. 51 §149, 1965).

17.02.520 - Quasi-home occupation. *[3]

"Quasi-home occupation - Home occupation" shall mean any occupation, profession, activity, or use, home-based business, conducted entirely within a dwelling, accessory structure, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone district of which it is part which meets the criteria listed in section 17.08.020(D). Where such occupation does not meet the criteria under section 17.08.020(D), the community development director may, upon issuance of an administrative permit per section 17.05.080 per Arvin City Code approve or condonably approve such use.

(Ord. 51 §129, 1965).

(Ord. No. 444, § 2, 11-21-2017)

Footnotes:
--- (3) ---

* Editor's Note: See also §17.02,310, Home occupation.


17.02.520(a) - Reasonable accommodation.

"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.

(Ord. No. 421, § 1, 7-7-2015)

17.02.521 - Recyclable material.

"Recyclable material" is reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. "Recyclable material" does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

(Ord. 227 §1 (part), 1988).

17.02.522 - Recycling facility.

A "recycling facility" is a center for the collection and/or processing of recyclable materials. A certified "recycling facility" or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A "recycling facility" does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:

A.

Collection Facility. A "collection facility" is a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Section 17.47.030. Collection facilities may include the following:

1.

Reverse vending machines(s);

2.

Small collection facilities which occupy an area of not more than five hundred (500) square feet, and may include:

a.

A mobile unit;

b.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet;

c.

Kiosk-type units which may include permanent structures;

d.

Unattended containers placed for the donation of recyclable materials.

3.

Large collection facilities which may occupy an area of not more than five hundred (500) square feet and may include permanent structures.

B.

Processing facility. A "processing facility" is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:

1.

A "light processing facility" occupies an area of under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.

2.

A "heavy processing facility" is any processing facility other than a light processing facility.

(Ord. 227 §1 (part), 1988).

17.02.522(a) - Residential care facility.

"Residential care facility" shall mean California Department of Social Services licensed non-medical facilities which provide long-term care to adults or children which stay in a residential setting rather than in their own home. Occupants may include persons with chronic life-threatening illness including HIV or AIDS, or the elderly. Residential care facilities provide room, board, housekeeping, supervision, and personal care assistance with basic activities such as bathing and grooming, as further defined under the California Health and Safety Code § 1568.0831.

(Ord. No. 397, 8-2-2011; Ord. No. 421, § 1, 7-7-2015; Ord. No. 492, § 3, 4-23-2024)

17.02.523 - Reverse vending machine(s).

A.

A "reverse vending machine" is an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

B.

A "bulk reverse vending machine" is a reverse vending machine that is larger than fifty (50) square feet; is designed to accept more than one (1) container at a time; and will pay by weight instead of by container.

(Ord. 227 §1 (part), 1988).

17.02.530 - School, elementary or high.

"Elementary school" or "high school" each mean institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. (High schools include junior and senior).

(Ord. 51 §150, 1965).

17.02.535 - Reserved.

Editor's note— Ord. No. 492, § 3, adopted April 23, 2024, repealed § 17.02.535, which pertained to second dwelling unit and derived from Ord. No. 421, § 1, 7-7-2015.

17.02.540 - Self-service laundry.

"Self-service laundry" means any establishment for laundering where there is no pickup or delivery service and no steam or hand laundry of any type.

(Ord. 51 §151, 1965).

17.02.545 - Senior households.

"Senior households" means those residential units that have at least one (1) occupant that is at least fifty-five (55) years of age or older.

(Ord. No. 421, § 1, 7-7-2015)

17.02.550 - Sign.

"Sign" means any outdoor advertising sign, cloth, paper, metal, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing or device whatsoever which is designed, intended or used to advertise or inform by erecting, constructing, maintaining, posting, assembling, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening or placing, affixing or making visible outdoor advertising on or to the ground or any tree, bush, rock, fence, post, wall, vehicle, building, structure or thing.

(Ord. 51 §159, 1965).

17.02.555 - Single room occupancy unit.

"Single room occupancy unit" means a facility providing dwelling units where each unit has a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of four hundred (400) square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

(Ord. No. 421, § 1, 7-7-2015)

17.02.560 - Stable, private.

"Private stable" means a detached accessory building for the keeping of one (1) or more horses owned by the occupants of the premises, and not kept for remuneration, hire or sale.

(Ord. 51 §152, 1965).

17.02.570 - Stable, public.

"Public stable" means a stable other than a private stable.

(Ord. 51 §153, 1965).

17.02.580 - Stockyard.

"Stockyard" means an enclosed area where animals are fed concentrated food prior to shipping to market or slaughtering or where animals are held for resale only.

(Ord. 51 §154, 1965).

17.02.590 - Story.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

(Ord. 51 §155, 1965).

17.02.600 - Story, half.

"Half story" means a story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (⅔) of the floor area immediately below it.

(Ord. 51 §156, 1965).

17.02.610 - Street.

"Street" means a public thoroughfare which affords the principal means of access to abutting property.

(Ord. 51 §157, 1965).

17.02.620 - Structure.

"Structure" means anything constructed or erected, which requires location on the ground, or is attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height.

(Ord. 51 §158, 1965)

17.02.630 - Structure alterations.

"Structure alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

(Ord. 51 §160, 1965).

17.02.635 - Supportive housing.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 (of the Health and Safety code) and that is linked to onsite or offsite 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. This housing may include apartments, single-room occupancy residences or single-family homes.

(Ord. No. 421, § 1, 7-7-2015)

17.02.636 - Target households.

"Target households" means lower-income households or senior citizen households.

(Ord. No. 421, § 1, 7-7-2015)

17.02.640 - Trailer, coach or travel.

"Coach or travel trailer" means any vehicle which at no time exceeds eight (8) feet in width at its widest point and is less than forty (40) feet in length at its longest point and is designed for human habitation, whether self-propelled or drawn by a motor vehicle, with no footing or foundation other than wheels and temporary stabilizing units.

(Ord. 182 Exhibit A (3), 1982: Ord. 51 §161, 1965).

17.02.650 - Trailer park.

"Trailer park" means any area or tract of land or separate designated section within a mobile home park where lots are rented or held out for rent to one (1) or more owners or users of trailer coaches used for traveling or recreational purposes.

(Ord. 51 §162, 1965).

17.02.655 - Transitional housing.

"Transitional housing" (per Health and Safety Code 50675.2(h)) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. Transitional housing shall be allowed in all residential zones and shall be required to conform to the requirements of any residential development standards.

(Ord. No. 421, § 1, 7-7-2015; Ord. No. 456, § 4(Exh. A, § 4), 2-26-2019)

17.02.656 - Urban lot splits.

Urban lots created as provided under Title 16, Chapter 16.06 Urban Lot Splits shall not exceed two (2) lots. Each lot created by an urban lot split shall be limited to two (2) dwellings on each lot. Example: Existing lot that is zoned for a single-family development may be ministerially subdivided into two (2) lots and shall be identified as UL Parcel 1 and UL Parcel 2. UL Parcel 1 may be developed with one (1) primary dwelling unit and one (1) ADU and UL Parcel 2 may be developed with one (1) primary dwelling unit and a JADU. A maximum of four (4) dwelling units may be developed on UL Parcel 1 and UL Parcel 2. Urban lots created under Title 16 Subdivision, Chapter 16.06 Urban Lot Splits are subject to the City of Arvin's Development Impact Fees and require separate utility connections. Once an urban lot is created, no additional land divisions are permitted.

(Ord. No. 492, § 3, 4-23-2024)

17.02.657 - Urban two-unit development.

Urban two-unit development occurs within a single-family residential zoned property meeting the requirements of Government Code Section 65852.21 and is ministerially developed with one (1) primary dwelling unit and one (1) urban primary dwelling unit, (plus one (1) accessory dwelling unit (ADU) and/or one (1) junior accessory dwelling (JADU) - maximum four (4) units subject to the provisions of Section 17.50.130 - Single-family dwellings and mobile homes - Development/architectural standards and meeting the requirements of Section 17.08.020 Permitted Uses and Subsections 1 through 15. Single-family residential zones include Chapter 17.08 R-1 Single-Family Zone; Chapter 17.16 R-S - Suburban Residential Zone; and Chapter 17.18 Estate Zones that includes the following E-1, E-2, E-3; E-4; and E-5.

(Ord. No. 492, § 3, 4-23-2024)

17.02.658 - Urban primary unit.

A second residential dwelling unit, located within a dwelling one-family unit, limited to one thousand six hundred (1,600) square feet, that provides independent living facilities and is located on a legal parcel that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau, and is located in a single-family residential zone. This use classification also applies to a second dwelling unit on any eligible lot or a urban lot that resulted from an urban lot split, as described in Title 16 Subdivision, on or after January 1, 2022. The dwelling unit may exist as a separate structure or within a common structure. An urban primary unit is not an accessory dwelling unit or junior accessory dwelling unit, refer to Chapter 17.51 Accessory Dwelling Units. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail. See Section 17.02.220 - Dwelling, Single-family.

(Ord. No. 492, § 3, 4-23-2024)

17.02.660 - Use.

"Use" means the purpose for which land or building is designed, arranged or intended, or for which either is or may be occupied or maintained.

(Ord. 51 §163, 1965).

17.02.670 - Yard.

"Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

(Ord. 51 §164, 1965).

17.02.680 - Yard, front.

"Front yard" means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the main building.

(Ord. 51 §165, 1965).

17.02.690 - Yard, rear.

"Rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building.

(Ord. 51 §166, 1965).

17.02.700 - Yard, side.

"Side yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main building or of an accessory building attached thereto.

(Ord. 51 §167, 1965).

17.02.710 - Very low income household.

"Very low income household" shall have the meaning set forth in Health and Safety Code, section 50105, as may be amended, wherein the geographic area referenced is Kern County.

(Ord. No. 421, § 1, 7-7-2015)