(a)

For the purpose of this title, words, phrases, and terms shall be deemed to have the meaning ascribed to them in the following sections.

(b)

General terminology. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular.

(1)

"Building" includes the word "structure."

(2)

"Shall" is mandatory and "may" is permissive.

(3)

"Council" means the city council of Barstow.

(4)

"Commission" means the planning commission of Barstow.

(5)

"City" means the City of Barstow.

(c)

Specific definitions.

Abut means contiguous to; for example, two adjoining lots with a common property line are considered to be abutting.

Accessory building means a detached subordinate building located on the same lot with a main building, the use of which is customarily incidental to that permitted in the main building, or to the land upon which the main building is located. A garage attached to the main building shall be considered a part of the main building.

Accessory dwelling unitor ADU means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An ADU shall be located on the same parcel as an existing single-family or multi-family dwelling. An ADU shall be one or two bedrooms and shall be no larger than 1,200 square feet or 75 percent of the size of the existing residence whichever is smaller.

Accessory living quarters. See definition of "guesthouse" in this section.

Accessory use means a use incidental or subordinate to and devoted exclusively to the main use of the land or building thereon.

Adjacent means near, close; for example, an industrial zone across a street from a residential district shall be considered as "adjacent."

Advisory agency. The planning commission is designated as the advisory agency to the mayor and city council on all matters related to planning as provided by Government Code.

Agriculture means the tilling of soil, the raising of crops, horticulture, small livestock farming, dairy or animal husbandry, including all uses customarily incidental thereto but not including slaughterhouses, feed yards, hog farms, fertilizer works, bone yards or plants for the reduction of animal matter or any other industrial or agricultural use which is determined by the planning commission to be similarly objectionable because of noise, odor, smoke, dust or fumes.

Airport means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.

Alley means a public way, at the rear or side of a lot which affords a secondary means of vehicular access to abutting property, provided, the alley shall have a minimum width of 20 feet.

Animal hospital means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. The use of the premises as a kennel or a place where animals or pets are boarded for remuneration may be permitted only when incidental to the principal use.

Apartment motel means a building or portion thereof used or containing three dwelling units and six guestrooms or suite of rooms or a multiple combination thereof.

Apartment house means a building, or portion thereof, designed or used for three or more dwelling units.

Approved, when used in connection with any material, appliance or construction, means meeting the requirements and approval of the department of housing and community development of the state.

Automobile and trailer sales lot means an open area used for the display, sale or rental of new or used automobiles, automobile trailers, house trailers or mobile homes, but where no repair, repainting or remodeling is done, except within an entirely enclosed building.

Automobile dismantling means the dismantling of used motor vehicles or trailers or the storage of, or dumping of dismantled, partly dismantled, or obsolete or wrecked motor vehicles, or their parts.

Automobile, inoperative, means any vehicle which is unable to be moved under its own power or has parts removed or damaged which would render it unmovable under its own power.

Automobile trailer or house trailer means any vehicle or structure used for living or sleeping purposes and equipped with wheels or other means to facilitate movement from place to place, and under 35 feet in length.

Bachelor unit means a dwelling unit with or without cooking facilities and used for combined living and sleeping purposes.

Basement means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below average grade; or if the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story.

Bed and breakfast lodging means a small lodging establishment that offers overnight accommodations and breakfast. The location shall have four or fewer rented rooms. A caretaker or owner shall live in the house. If a caretaker or owner does not live at the home a location does not qualify as a bed and breakfast.

Billboard sign means any advertising display which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where located or if the owner or occupant of the premises where sign is located is paid or receives any consideration from the erection, maintaining or displaying of the sign.

Block means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and rights-of-way, flood control channel, and of a dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street it intercepts.

Boardinghouse means a building within which lodging with meals is provided for compensation for five or more persons unrelated by blood or marriage to the owner or operator; not to include rest homes or homes for the aged.

Building means any structure having a roof and walls built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

Building height means the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

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

Business or commercial means the purchase, sale or other transaction involving the handling or disposition, other than that included in the term "industry" as defined in this section, of any article, substance or commodity for profit or a livelihood, including automobile or trailer camps, tourist courts, and motels, public garages, office buildings, offices of doctors and other professionals, outdoor adverting signs and structures, public stables, recreation and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards.

Camp means land or premises used or intended to be used, let or rented for camping purposes by camping parties, trailers or tents in conjunction with public or private recreation facilities.

Camp car means a vehicle with or without motive power, which is designed or used for human habitation.

Carport means a permanent roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter.

Cemetery, human, means land used or intended to be used for cemetery purposes, including columbariums, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.

Cemetery, pet, means land used or intended to be used for cemetery purposes, including columbarium, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.

Clinic or medical center means a place for group medical services not involving overnight housing of patients.

Club means an association of persons incorporated for a common purpose, but not including groups which are organized primarily to render a service for profit.

Combination sign means a combination of either a roof, wall or projecting sign.

Commercial car wash means any automatic car wash, coin-operated, or two or more hand washing stalls having no fuel sales.

Commission is the planning commission of the city of Barstow.

Convalescent home. See definition of "hospital" in this section.

Dairy means any premises where milk is produced for sale or distribution and where three or more cows or goats are in lactation.

Day nursery means any group of buildings, building or portion thereof used for the daytime care of children who are unrelated by blood or marriage to the person conducting the day nursery.

District means land area as shown or described on the land use district maps which are an integral part of this title, and to which the regulations of this title apply. The term "district" shall have the same meaning as the term "zone" or "zoning district."

Dormitory means a guestroom designed, intended or occupied as sleeping quarters by more than two persons, unrelated to each other.

Driveway means an access to a required off-street parking facility. Such driveway shall not be encumbered by any projection under eight feet above the ground, and having an unobstructed ten-foot minimum width.

Dump means a place used for the disposal, abandonment, discarding, dumping, reduction, burial, incineration or by any other means, of any garbage, sewage, trash, refuse, waste material, offal or dead animals; provided, that this definition does not include disposal of substances customarily incidental and accessory to industrial or agricultural uses, unless such disposal endangers the public health and safety.

Duplex means the same as two-family dwelling. The term "duplex dwelling" means a building, or portion thereof, designed and used exclusively for residential occupancy, including one-family, two-family, multiple dwellings, bachelor or efficiency units but not to include hotels, boardinghouses or lodging houses.

Dwelling, multiple, means a building designed and used for occupancy by three or more families, all living independently of each other.

Dwelling, one-family, means a detached building designed exclusively for the occupancy of one family.

Dwelling, two-family, means a building designed and/or used exclusively for the occupancy of two families living independently of each other.

Dwelling unit means one or more rooms, with facilities for living, sleeping, cooking and eating designed for occupancy by one family and shall include bachelor or efficiency unit.

Easement, street, means a space on a lot or parcel of land, or so indicated on a subdivision map or in a deed reserved for and used for primary access, provided the street easement shall have a minimum width of 20 feet. No building may be built within the space designated.

Educational institution means a school, college or university other than trade schools which give general academic instruction equivalent to the standards prescribed by the state board of education.

Efficiency living unit means a dwelling unit consisting of a room used for combined living, cooking and sleeping purposes.

Enforcement agency means the department of housing and community development, or any city, county or city and county which has assumed responsibility for the enforcement pursuant to section 18300 of title 25, California Administrative Code.

Family means an individual, or two or more persons related by blood, marriage or adoption, or group of persons, excluding servants, who are not so related, living together as a single housekeeping unit in a dwelling.

Fence means a physical barrier and includes wire mesh, steel mesh, chain link, louvered wood, stake and other similar materials.

Fin sign means a sign which is supported wholly by a one-story building of an open air business, or which is supported partly by a pole or poles in the ground and partly by a building.

Flashing sign means any directly or indirectly illuminated sign, whether stationary, revolving or rotating which exhibits changing light or color effects, varies in light intensity, creates an illusion of flashing or a sequence changing light or color, or beacons, excepting time and temperature signs.

Freeway is as defined by state law.

Front foot means the dimension of the front lot line.

Front foot, building, means the dimension across the front of a building, or in the case of multiple stores in a building, the distance of each individual store front of building where the main public entrance is located.

Frontage means all property fronting on a block.

Fueling station means a business which provides for fuel (inclusive of gasoline, diesel, as well as alternative fuels and commercial electric charging stations) for motor vehicles. The use may be synonymous with "service station" (see definition of "service station" in this section) provided no servicing of vehicles is conducted, but may include the sale of lubricants, cleaning and waxing of vehicles (within an enclosed building), and may include a mini-mart. This definition excludes electric vehicle charging stations as an ancillary use associated with a primary business (i.e., offices, retail and service establishments, industrial businesses).

Garage, private, means a detached accessory building or a portion of a main building on the same lot for the housing of vehicles for the occupants of the building.

Garage, public, means any building or premises primarily used for vehicle repair work.

Garage, storage, means any premises, used primarily for the storage of vehicles.

Grade means the average of the finished ground level at the exterior walls of a building. In case the front wall of a building is parallel to and within five feet of a side-walk, the grade shall be measured from the average grade of the sidewalk.

Ground sign means a sign which is supported or erected upon or in the ground and is not more than six feet above grade.

Guest means any person who occupies a room for sleeping purposes.

Guest ranch means a building or buildings used as a hotel or motel.

Guesthouse (accessory living quarters) means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

Guestroom means a room which is designed to be occupied by one or more guests for sleeping purposes.

Half story means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story.

Hedge means a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.

Hog ranch means any premises used for the raising or keeping of more than five weaned hogs.

Home occupation means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the district of which it is a part, and wherein no products are sold on the premises other than those produced thereon, no signs are displayed except as permitted by this title, no persons are employed other than resident family members and no mechanical equipment is used other than that necessary or convenient for domestic purposes.

Hospital means any building or portion thereof used for the accommodation and medical care of sick, injured or infirmed persons and including sanitariums, rest homes, homes for the aged, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.

Hotel means any means any building, or portion of a building containing six or more guestrooms, and which is occupied, or is intended or designed for occupancy, by six or more guests.

Industry means the manufacture, fabrication, processing, storage, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof.

Junior accessory dwelling unit means a unit that is contained entirely within the walls of a proposed or existing single-family residence which provides living facilities for one or more persons. Junior accessory dwelling units are limited to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. Junior accessory dwelling units shall not be larger 500 square feet.

Junkyard means any lot, or the use of any portion of any lot, for the dismantling or wrecking of machinery, or for the storage or keeping of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk including scrap metal or other scrap materials. Includes any area of more than 200 square feet for the storage, keeping or abandonment of junk, including scrap metals, used lumber, paper or other scrap materials, dismantling or selling of cast-off or salvage material of any sort.

Kennel means any lot or premises on which five or more dogs or cats, or combination thereof, over four months of age are kept, boarded or trained.

Livestock means domesticated animals normally kept or reared on a farm or ranch for work, breeding, fattening, or other similar purposes and includes horses, bovines, sheep, swine, and goats.

Loading space means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading. It shall abut a street, alley, or have other appropriate means of ingress or egress.

Lodginghouse means the same as the term "boardinghouse" provided no meals are served or prepared on the premises for compensation or for sale.

Lot means an area of land which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this Code. Types of lots and their definitions are as follows:

(1)

Corner lot means a lot abutting two streets intersecting at an angle of not more than 135 degrees. If the angle of intersection is more than 135 degrees, the lot is an interior lot.

(2)

Flag or panhandle lot means a lot connected to the street with a narrow access portion less than 40 feet wide and more than 20 feet long and situated so that another lot is located between the main portion of the flag lot and the street.

(3)

Interior lot means a lot abutting only one street or abutting two streets which intersect at an angle greater than 135 degrees.

(4)

Key lot means a lot with a side that abuts the rear lot line of one or more adjoining lots.

(5)

Reverse corner lot means a corner lot, the rear of which abuts the side of another lot.

(6)

Through lot means a lot with frontage on two parallel or approximately parallel streets.

Lot area means the total of the lot area, measured in a horizontal plane, within the lot lines of a lot and expressed in square feet, acres or other area measurement.

Lot coverage or building site coverage means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition the term "ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post-supported roofs over patios and walkways are not included.

Lot depth means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot line or property line means any boundary of a lot. The classification of lot lines and their definitions are as follow:

(1)

Front lot line means the following:

a.

On an interior lot, the line separating the lot from the street.

b.

On a corner lot, the shorter line abutting a street (if the lot lines are equal or approximately equal, the director shall determine the front lot line.

c.

On a through lot, the lot line abutting the street providing primary access to the lot.

(2)

Interior lot line means any lot line not abutting a street.

(3)

Rear lot line means a lot line which does not intersect the front lot line and which is most distant from the most parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten-foot long line parallel to and most distant from the front property line for the purposes of determining setbacks and other provisions of this Code.

(4)

Side lot line means any lot line which is not a front or rear lot line.

Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at the building setback line as established for each district in this title.

Main street means that portion of State Highway 66 and Interstate Highway 40 which is within the city limits and is a continuation of Main Street.

Marquee means a permanent roofed structure attached to and supported by the building and projecting over public property street rights-of-way line or setback line.

Marquee sign means a sign attached to a marquee.

Massage therapy center means any establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted or carried on, massage treatments (as defined in section 19.06.020) for any form of consideration, provided, however, that "massage therapy center" shall not include uses conducted by persons exempt from the provisions of section 19.06.020.

Mobile home accessory building or structure means any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobile home.

Mobile home park means an area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies.

Modular/factory-built housing means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part, including units designed for use as part of an institution for resident or patient care, which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site.

Motel means a group of guestrooms used for commercial purposes, such as a building or group of buildings containing guestrooms with automobile parking space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of persons or automobile travelers, including buildings designated as auto cabins, motor courts, motels, or similar designations.

Nonconforming building means a building or portion thereof which does not comply with the property regulations of the district classification in which it is located.

Nonconforming use means a use of a building or land which does not comply with the regulations of the district classification in which it is located.

Outdoor living area means the minimum area as required by this title of usable space open or enclosed for active or passive recreation.

Parking area, private, means an open area, carport or garage other than a street used for automobile parking and restricted from general public use.

Parking area, public, means an area, other than a private parking area or street used for automobile parking and available for public or quasi-public use, either free or for remuneration.

Parking space, automobile, means an accessible space exclusive of driveways, ramps, columns, loading areas, office or work areas, for the parking of one automobile. Such space shall not be less than nine feet in width and 19 feet in length.

Person means an individual, firm, copartnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal or state government, city, county, district, or any other group or combination acting as an entity.

Pole sign means a sign supported wholly by a pole, post, uprights or braces placed upon or in the ground, not attached to any part of a building and which is six feet or more above grade.

Recreational trailer park means any area or tract of land, within an area zoned or leased or held out for rent or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.

Recreational vehicle means a camp car, motor home, travel trailer or tent trailer with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms, and is identified as a recreational vehicle by the manufacturer.

Roof sign means a sign which is erected upon or above a roof of a building.

Roominghouse. See definition of "boardinghouse" in this section.

Rubbish means waste material consisting of lumber, tree or plant clippings, plaster, trash, concrete, paper, metal or similar material covering an area of ten square feet or more.

School. See definition of "educational institution" in this section.

Service station means a business which provides for fuel servicing of motor vehicles, and includes tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of lubricants, cleaning and waxing of vehicles (within an enclosed building), mini-marts, accessory grease racks, but excluding major motor vehicle repairs, body and fender work, engine overhauling and other similar activities.

Setback line means a line which defines the depth of the required yard or when no yard is required the street right-of-way line shall be the setback line.

Short-term rental means a residential dwelling unit, or portion thereof, that is offered or provided to a paying guest(s) by a short-term rental operator for 30 or fewer consecutive nights. The term "short-term rental" shall not include hotels, extended stay hotels, apartment motels, motels, inns, or bed and breakfast lodging.

Sign area means the net geometric area of a sign computed as including the entire area within one or more parallelograms, triangles, or circles or semicircles comprising the display, including borders and background of a sign structure or when painted on the wall of a structure. One face of a double-faced sign shall be considered in determining sign area, provided both faces are not separated more than 24 inches.

Sign grade means the finished ground level where the sign is located.

Sign projection means that portion of a sign which extends or projects over a street right-of-way, public property or setback line.

Site plan means a plan prepared to scale, showing all of the uses proposed for a specific property. The plan shall show all buildings, structures, signs, off-street parking layout, loading space, points of ingress and egress, walls, fences, landscaping and any additional information that may be necessary to clearly define the intended use of the property.

Stable, private, means a building or premises used for the keeping of horses owned by the occupants of the premises, and not kept for remuneration, hire or sale.

Stable, public, means a building or premises used for the keeping of horses for remuneration.

Story means a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.

Street means a thoroughfare which affords the principal means of access to abutting property and meets the street standards of the city.

Street centerline means the centerline of a street as established by the city engineer or if no such centerline has been established, and in any case in which the foregoing is not applicable, the planning commission shall designate the centerline.

Street right-of-way line means the existing street right-of-way, or if the street rights-of-way as designated on the master plan of streets and highways or adopted specific street plan is greater, it shall be the street right-of-way line. Any yard abutting such street right-of-way line shall be measured from this line.

Structure means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground.

Structural alterations means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, foundations, piles or similar components.

Total sign area means the area of all signs on a lot visible from a street.

Trailer coach is a vehicle other than a motor vehicle, designed or used for human habitation, or human occupancy for industrial, professional, or commercial purposes, for carrying persons and property on its own structure, and for being drawn by a motor vehicle.

Trailer park means any area or tract of land where space is rented or held for rent to owners or users of house trailers or mobile homes.

Transportation container means any container which was designed and used or intended to be used as a transportation device for goods and materials, e.g., railroad cars, sea cargo containers, semi-trailers, etc.

Travel trailer is a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highways without a special permit or chauffeurs license, or both, without violating any provisions of the vehicle code.

Truck and trailer sales lot means an open area where trucks or trailers are sold, leased or rented.

Use means the purpose for which land or buildings are erected, arranged, designed, or intended; or for which land or buildings are or may be occupied or maintained.

Wall sign means a sign anchored to and wholly supported by the wall of a building with the exposed face of the sign in a plane.

Wall sign, projecting, means a sign attached to and wholly separated by the wall of a building with the exposed face of the sign, perpendicular to the wall of the building.

Yard means an open space on a lot, which space is open from the ground to the sky, except for the projections or accessory buildings permitted by this title.

Yard, front, means a yard extending across the full width of the lot, the depth of which is the minimum distance between the street rights-of-way line and the setback line as required by this title.

Yard, rear, means a yard extending across the full width of the lot to the side yard setback lines, the depth of which is the minimum distance from the rear lot line and the setback line as required by this title.

Yard, side, means a yard extending from the front setback line to the rear lot line, the width of which is the minimum distance between the side lot line and setback line for interior lots and the street rights-of-way line and setback line for a side yard abutting a street parallel to the wall of the building.

(Ord. No. 934-2015, § 19.02.005, 7-20-2015; Ord. No. 976-2021, § 2, 8-16-2021; Ord. No. 981-2021, § 2, 11-15-2021)