The purpose and intent of this chapter is to promote consistency and precision in the application and interpretation of these development regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout this Development Code, except where the context and usage of such words or phrases clearly indicates a different meaning or construction intended in that particular case.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

The word "shall" is mandatory and is not discretionary. The word "may" is permissive and discretionary.

B.

In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

C.

When consistent with the context, words in the masculine gender include the feminine and neutral genders.

D.

Unless the context clearly indicates to the contrary, words in the past, present and the future tense are interchangeable, and words in the singular and plural are interchangeable.

E.

Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all concerned items or provisions shall apply.

2.

"Or" indicates that the connected items or provisions may apply singly or in any combination.

3.

"Either…or" indicates that the connected items or provisions shall apply singly but not in combination.

F.

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

The following terms used in this Development Code shall have the meaning set forth below:

"Abandon" or "abandonment" shall mean to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or re-arranging a facility, or during normal periods of vacation or seasonal closure.

"Abut" or "abutting." See "Adjacent."

"Access" shall mean the place or way by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Code.

"Accessory building" shall mean a building detached from the main building or structure on the same lot, the use of which is incidental and subordinate to the main building or structure.

"Accessory use" shall mean a use of land or of a building or portion thereof that is incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

"Action" shall mean a decision made by the reviewing authority on a land use application, by a process as specified in this Development Code.

"Addition" shall mean any construction that increases the size of a building, dwelling or facility in terms of site coverage, height, length, width, or gross floor area, occurring after completion of the original structure or facility.

"Adjacent" shall mean two or more lots or parcels of land separated only by an alley, street, highway, stream, or recorded easement, or sharing a common boundary of at least one point.

"Affordable housing development" shall mean a development having no less than five dwelling units (excluding any density bonus), for which incentives have been granted by the city to ensure continued affordability pursuant to an approved affordable housing agreement.

"Agent" shall mean any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.

"Agriculture" shall mean the cultivation of row, field or tree crops, floricultural specialties, or the raising of animals for commercial purposes, excluding stockyards, slaughtering, or commercial food processing.

"Aisle, parking" shall mean the traveled way by which vehicles enter and exit parking spaces.

"Alcohol-related establishments" shall mean those establishments which are required to obtain a State Alcoholic Beverage Control License type 20 (off-sale beer and wine), type 21 (off-sale general), type 40 (on-sale beer), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine, public premises), type 47 (on-sale general eating place), type 48 (on-sale general bar), type 52 (veteran club) or type 63 (beer and wine hospital), or comparable license type, and which sell or serve alcoholic beverages for on-site or off-site consumption.

"Alley" shall mean a public thoroughfare not exceeding thirty (30) feet in width for the use of pedestrians and/or vehicles, affording only a secondary means of access to abutting property.

"Alteration" shall mean any construction or physical changes in the internal arrangement of rooms or the supporting members of a building or structure or change in the appearance of any building or structure.

"Amendment" shall mean a change in the wording, context or substance of this Development Code, or a change in the zoning maps, which are part of this Code when adopted by the city council in the manner prescribed by law.

"Amusement arcade" shall mean any establishment, room or place where more than four amusement machines are available for public use.

"Amusement machine" shall mean any device, whether mechanical, electrical, electronic, computerized, or similar object, which by payment of a fee, or insertion of a coin or token, may be operated for the primary purpose of amusement. The term amusement machine does not include any device or object the primary purpose of which is to play music.

"Animal enclosure" shall mean any structure, including but not limited to a barn, stable, pen, corral, dog run, or fenced area, intended for confinement of animals.

"Animal hospital" shall mean a place where animals are given medical or surgical treatment and are boarded during the time of such treatment.

"Animal, domesticated pet" shall mean any animal customarily kept as a household pet, not including wild or exotic animals; typical pets would include dogs, cats, birds, and tropical fish.

"Animal, farm" shall mean any animal customarily raised for agricultural purposes, not including wild or exotic animals or domesticated pets.

"Animals, wild or exotic" shall mean any warm or cold-blooded animal not normally maintained in a dwelling unit with people, not considered domesticated within California, and the keeping of which requires a permit from the State of California Department of Fish and Game.

"Annexation" shall mean the inclusion of land area into an existing city or special district with a resulting change in the boundaries of that local agency.

"Antenna" shall mean any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

"Antenna, satellite" shall mean a dish-type device for receiving satellite transmissions.

"Antenna, vertical" shall mean a device for transmitting or receiving radio, television, or any other transmitted signal, and includes a single pole or tower, or roof or ground-mounted antenna.

"Antique shop" shall mean any premises used for the sale of articles which, because of age, rarity, or historical significance, have a monetary value greater than the original value or which, because of age, are recognized by the United States government as entitled to import duties less than those prescribed for similar new merchandise. "Antique shop" does not include "thrift store."

"Apartment" shall mean a room or group of two or more rooms within a building containing separate living facilities for four or more families that is constructed, designed, intended for or actually used by a single family for living and sleeping purposes for periods of thirty (30) consecutive days or longer.

"Apartment building" shall mean 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.

"Appeal" shall mean an application requesting that the designated appeal body review the decision of a reviewing authority on a land use application, pursuant to Section 17.03.110.

"Applicant" shall mean owner(s) or lessee(s) of property or their agent(s), or person(s) who have submitted an application for approval of a permit or development proposal as allowed under this Development Code, or the agent(s) of such persons.

"Application" shall mean the form and information submitted by an applicant that is used by the city to determine whether to approve or deny permits or other entitlements for use.

"Approval" shall mean the action taken by the "reviewing authority" pursuant to this Code to approve or conditionally approve an application for a land use entitlement and related permits. The exact date of approval of any development project is determined by each public agency according to its rules, regulations, and ordinances, consistent with this Development Code.

"Area" as used in this Development Code shall mean "area, net" unless otherwise specified.

"Area, gross" shall mean that area of a lot or parcel of land inclusive of the following, except as otherwise provided herein:

1.

The original underlying fee ownership within public alleys, highways or streets abutting the lot or parcel of land; or

2.

Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or

3.

Other public or private easements on the lot or parcel where the owner of the property does not have the right to use the entire surface of the land.

"Area, net" shall mean that area of a lot or parcel of land exclusive of the following, except as otherwise provided in the following:

1.

Public alleys, highways or streets adjacent to the lot or parcel of land; or

2.

Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or

3.

Other public or private easements on the lot or parcel of land where the owner of the property does not have the right to use the entire surface of the land.

Figure 1: Gross Area and Net Area

"Arterial, primary" shall mean an arterial shown as such on the circulation map of the City of Big Bear Lake General Plan.

"Arterial, secondary" shall mean an arterial shown as such on the circulation map of the City of Big Bear Lake General Plan.

"Assessor" shall mean the assessor of the County of San Bernardino.

"Attached" shall mean any structure that has an interior wall or roof in common with another structure.

"Automobile dismantling yard" shall mean any premises used for the dismantling or wrecking of vehicles required to be registered under the Vehicle Code of the State of California 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" shall mean facilities designated or maintained for the temporary storage of vehicles legally removed or impounded from public or private property.

"Automobile repair, general" shall mean establishments engaged in general automotive repair, including but not limited to regular maintenance services, engine repair, transmission repair, radiator repair, exhaust system repair, brake relining, and wheel alignment.

"Automobile repair, heavy" shall mean establishments engaged in major auto repair, including but not limited to body and fender repair, body painting, reupholstery, and engine replacement.

"Automobile repair, light" shall mean establishments engaged in minor auto repair, including but not limited to lubrication, engine tuning, smog check stations, minor tire repair, and minor parts replacement.

"Automobile sales lot" shall mean an open area used for display, sale, lease and/or rental of new or used automobiles.

"Automobile service station" shall mean an establishment primarily engaged in selling gasoline and other automotive fuels, lubricating oils, and performing minor automobile repair work, and which does not fall within the definition of a "convenience store" as defined in this section.

"Awning" shall mean an architectural feature that projects from, and is totally supported by, the exterior wall of a building, is usually positioned above a window or a door, and is temporary in that whether stationary or retractable, it can be removed from the building without altering the building structure.

"Bar" shall mean an establishment in which the primary use is the sale of alcoholic beverages for the consumption on-site which requires a license by the State Alcohol Beverage Control. This term shall include a cocktail lounge and nightclub.

"Bed and breakfast establishment" shall mean a transient lodging establishment, typically limited to five or less guest bedrooms with a common dining area, primarily engaged in providing overnight or otherwise temporary lodging for the general public, which is inhabited as a primary residence by the owners or operators, and which may provide meals to the extent permitted by law.

"Berm" shall mean a mound or embankment of earth.

"Block" shall mean the area of land bounded by streets, highways, railroad rights-of-way or waterway, except alleys.

"Boarding house" shall mean the same as "rooming house."

"Boardwalk" shall mean an elevated pedestrian walkway constructed over a public street or adjacent to or over a lakefront or beach.

"Buffer area" shall mean an area containing landscaping or open space and/or a visual barrier, intended to separate and partially obstruct the view of adjacent land uses or properties from one another or from a public right-of-way so as to block noise, lights, or other nuisances.

"Buildable area" shall mean the portion of the lot remaining after deducting all required setbacks and easements from the gross area of the lot.

"Building" shall mean any structure for the shelter, housing, or enclosure of any person, animal, article, chattel, or property of any kind; when any portion thereof is completely separated from every other portion thereof by a division wall or firewall, without openings, each such portion shall be a separate building.

"Building, accessory." See "Accessory building."

"Building distance, minimum" shall mean the shortest distance measured from any point between buildings, exclusive of any permitted projections that are regulated separately.

"Building front" hall mean the exterior building wall of a structure on the side or sides of the structure fronting and oriented toward a street or highway, excluding eaves or roof overhangs.

"Building height" shall mean the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the structure.

Figure 2: Building Height

"Building official" shall mean the head of the building and safety division of the City of Big Bear Lake and shall include his designees.

"Building, principal" shall mean one or more buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.

"Building site" shall mean a lot, or contiguous lots of land in single, multiple or joint ownership which provides the area and open spaces required by this Development Code for construction of a building or buildings or establishment of a use.

"Business office" shall mean an office that has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of client payments, and the keeping of records and accounts pertaining to a business.

"Business" or "commerce" shall mean the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity or service for profit or livelihood, and shall include office buildings, offices, recreational or amusement enterprises.

"Camp, private" shall mean land or premises used for the primary purpose of providing outdoor and/or indoor group accommodations, typically for persons with common social, spiritual, educational or recreational objectives. This term also includes conference center and retreat center.

"Camp, public" shall mean land or premises used or intended to be used, let or rented for camping purposes by two or more camping parties, trailers, or tents, for a period not to exceed thirty (30) days.

"Care facility, residential" shall mean a residential facility that provides care, supervision and/or rehabilitation services to the residents on up to a twenty-four (24) hour per day basis. This term may include residential care facilities for the elderly, mentally disabled, or handicapped persons, or dependent and neglected children, or alcoholism or drug abuse recovery facilities for six or fewer residents.

"Care facility, social" shall mean a public, private or institutional facility that is licensed to serve seven or more persons, who may be unrelated or related, and which provides lodging, meals, care, supervision and/or rehabilitation services on up to a twenty-four (24) hour per day basis for compensation. This term may include transitional housing, supportive housing, congregate living health facility, intermediate care facility, pediatric health and respite care facilities, and alcoholism or drug abuse recovery facility, for seven or more persons, but excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospitals.

"Caretaker's unit" shall mean a dwelling unit accessory to a principal commercial or multiple family residential use on a site, intended and used for occupancy on the same site by a caretaker, manager, security guard, or similar position requiring residence on the site, in accordance with Section [Chapter] 17.25.

"Carport" shall mean a permanent roofed structure not completely enclosed, used or intended to be used for vehicle parking.

"Cemetery" shall mean land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. "Cemetery" includes columbaria, crematories and mausoleums, and may include chapels when operated in conjunction with and within the boundary of such cemetery.

"Centerline" shall mean the right-of-way centerline as determined by the city engineer or by the State Division of Highways of the State of California.

"Certificate of occupancy" shall mean a document issued by the building and safety division allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable municipal codes, codes and conditions of approval.

"Channel" shall mean a watercourse with a definite bed and banks that confine and conduct the normal continuous or intermittent flow of water.

"Change of use" shall mean any use that substantially differs from the previous use of a building or land, including a change in type or intensity of use.

"City" shall mean the City of Big Bear Lake, California, or the area within the territorial limits of the City of Big Bear Lake, California, and such territory outside of the City of Big Bear Lake, California, over which the City of Big Bear Lake, California, has jurisdiction or control by virtue of any constitutional or statutory provision.

"City council" shall mean the city council of the City of Big Bear Lake, California.

"City planner" shall mean the city planner of the City of Big Bear Lake or his/her designee.

"Club" shall mean an association of persons organized for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

"Club, country" shall mean a private club organized and operated for social purposes and possessing outdoor recreational facilities, such as golf courses, tennis courts or polo grounds.

"Clubhouse" shall mean any building used by an association of persons, organized for some common purpose, but not including a group organized solely or primarily to render service customarily carried on as a commercial enterprise.

"Code" shall mean a code adopted by ordinance of the City of Big Bear Lake or the Big Bear Lake Fire Protection District.

"Commercial use" shall mean an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

"Compatibility" shall mean the characteristics of different uses or activities that permit them to be located near each other without conflict in uses or operations.

"Conceptual development plan" shall mean a site plan that indicates conceptual ideas for development and represents aspects of a development project such as building placement, circulation/access, drainage/grading, buffers, utilities, phased improvements, and landscaping.

"Conditional use" shall mean a use that may locate in certain zoning districts provided it will not be detrimental to the public health, safety and welfare, and will not impair the integrity and character of the zone district.

"Conditional use permit" shall mean a discretionary entitlement that may be granted under the provisions of this Development Code, which when granted authorizes a specific use to be made of a specific property, subject to compliance with conditions of approval imposed on the entitlement.

"Conditions, covenants and restrictions (CC & R's)" shall mean the limitations and/or provisions pertaining to a development project which have been agreed to by the parties holding interest in such project, and which are recorded against the title to the property.

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in air space in a building on such real property.

"Congregate meal facility" shall mean a facility that provides scheduled meals on a daily basis for families or individuals who are homeless or low income. This term does not include "homeless shelters" or "transitional housing."

"Conservation easement" shall mean an easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses.

"Construction" shall mean any site preparation, assembly, erection, substantial repair, alteration or similar action conducted on public or private property.

"Contractor's yard" shall mean a use providing the distribution or storage of supplies, equipment or materials related to construction activities, or the recycling and stockpiling of construction related materials such as asphalt and concrete. This term shall include a construction materials yard, vehicular service center, or similar use.

"Contiguous" shall mean the same as "adjacent."

"Contour grading" shall mean a grading technique that utilizes curvilinear, horizontal, and vertical undulations in order to simulate the characteristics of natural topography.

"Convenience store" shall mean a retail establishment that contains less than five thousand (5,000) square feet of gross floor area utilized in whole or in part for the retail sale of a variety of frequently needed personal convenience items such as groceries, delicatessen items, staples, dairy products, pre-packaged foods, sundry items and/or alcoholic beverages, and which may include the sale of automotive gasoline and related products.

"County" shall mean the County of San Bernardino.

"Courtyard" shall mean an open, unoccupied space other than a yard, unobstructed from ground to sky, bounded on two or more sides by the walls of a building. An inner courtyard is a courtyard entirely enclosed within the exterior walls of a building. All other courtyards are outer courtyards.

"Covenant" shall mean a private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.

"Cross lot drainage" shall mean a drainage system that conveys surface water run-off towards the rear or side lot line where it is captured in a drainage channel, pipe, or similar structure and directed across lot lines to an approved point of discharge, or detention or retention.

"Cul-de-sac" shall mean a local street, one end of which is closed and consists of a circular turn-around.

"Day care, commercial" shall mean a facility that is licensed and utilized to provide daily non-medical care and supervision for children under eighteen (18) years of age for periods of less than twenty-four (24) hours per day for compensation, excluding large-family and small-family day care facilities. This term includes nursery schools and preschools.

"Day care, family" shall mean a family day care home facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. A small family day care home or large family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.

"Day care, large family" shall mean a large family day care home facility that provides care, protection, and supervision for seven to fourteen (14) children, inclusive, including children under ten (10) years of age who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in such regulations.

"Day care, small family" shall mean a small family day care home facility that provides care, protection, and supervision for eight or fewer children, including children under ten (10) years of age who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code and as defined in such regulations.

"Daylight grading" shall mean a grading technique that designates an existing natural contour as the transition line between a manufactured pad for development and an adjacent natural slope face and that eliminates the need for fill slopes along the exposed edges of the development pad.

"Days" shall mean consecutive calendar days unless otherwise stated.

"Decision, discretionary" shall mean decisions that require the exercise of judgment, deliberation, or decision on the part of the reviewing authority in the process of approving or disapproving a particular activity, as distinguished from "ministerial decisions" in which the reviewing authority's determination is limited to finding whether there has been conformity with applicable statutes, codes, or regulations.

"Decision, ministerial" shall mean decisions that are approved by a reviewing authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority in which the reviewing authority's determination is limited to finding whether there has been conformity with applicable statutes, codes, or regulations.

"Dedication" shall mean the donation to a public agency of land or the right to utilize land, for a specific public use.

"Dedication, offered" shall mean that portion of land that is irrevocably offered to the city for future public rights-of-way that has no prospective future date for acceptance, construction to city standards, and/or notice of completion.

"Density" shall mean the total number of dwelling units permitted per net acre of land; within a development project, the density is calculated by dividing the number of dwelling units within the project by the gross area of the project site. The dwelling unit density range permitted under the applicable land use classification shall apply to the overall project site, provided that compliance with all applicable development standards can be met.

"Density bonus" shall mean a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer to the city, as an incentive for inclusion of affordable housing within the project.

"Density transfer" shall mean an increase in density on one portion of a property to a level that may exceed the underlying general plan designation of that portion of the property while maintaining a gross density over the entire property that is consistent with the underlying general plan designation.

"Design" shall include but is not limited to the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; location and size of all proposed buildings and structures; provision of landscaping and open space; pedestrian and bicycle facilities; architectural style; colors and materials; and any other such specific physical improvements.

"Detached" shall mean any building or structure that does not have a wall or roof in common with any other building or structure.

"Development" shall mean the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivisions pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this Development Code, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A "project," as defined in Government Code Section 65931, is included with this definition.

"Development agreement" shall mean a contract between a developer and the city establishing the conditions under which a particular development may occur.

"Development Code" shall mean the adopted Development Code of the City of Big Bear Lake, as it may be amended from time to time.

"Development proposal" shall mean an application for approval of a specific plan, subdivision, conditional use permit, plot plan review, variance, or any other development permit or entitlement application that has been filed with and is pending for consideration by the city, pursuant to this Development Code.

"Development review committee (DRC)" shall mean a committee formed of staff members from city departments and other affected agencies, for the purpose of reviewing development applications to determine the conformity of each application with the city's general plan, this Development Code, and other applicable standards and regulations.

"Discontinue (discontinuance)" shall mean the cessation or removal of a use for a specified period of time or permanently.

"District, zone." See "Zone."

"Domicile" shall mean a residence that is a permanent home to an individual or household.

"Dormitory" shall mean a structure intended principally for sleeping accommodations, and where no individual kitchen facilities are provided, when such structure is related to an educational, or public institution or camp facility or is maintained and operated by a recognized non-profit welfare organization.

"Drainage facilities" shall mean improvements constructed for the storage or conveyance of stormwater runoff in drainage channels, including channels, culverts, ponds, storm drains, drop-inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits.

"Drive-in facility" shall mean an establishment or portion thereof from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

"Driveway" shall mean a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area.

"Drought resistant landscaping" shall mean plant material that is able to thrive with minimal watering.

"Duplex" shall mean a building designed or used exclusively for occupancy by two families and containing two dwelling units.

"Dwelling" shall mean a structure or portion thereof designed for residential occupancy, not including hotels or motels.

"Dwelling, multiple" shall mean a building or portion thereof, designed for occupancy by two or more households, living independently of each other and containing two or more "dwelling units."

"Dwelling, primary" shall mean the principal single-family dwelling unit located on a lot where a temporary dependent dwelling unit is existing or proposed.

"Dwelling, single-family" shall mean a building designed for residential occupancy and used exclusively for occupancy by one family or household and containing one dwelling unit.

"Dwelling, three-family (triplex)" shall mean a building designed for residential occupancy and used exclusively for occupancy by three families or households and containing three dwelling units.

"Dwelling unit" shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by one family or household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels.

"Dwelling unit, attached" shall mean a unit completely within an existing principal building or added to an existing principal building, provided that both dwelling units shall be attached by a common wall, floor, or ceiling and not simply by an attached breezeway or porch; and shall be contained within one building. A second dwelling unit constructed above an existing detached garage shall be considered an attached unit.

"Dwelling unit, detached" shall mean a unit that is structurally independent and separated from the existing primary dwelling.

"Easement" shall mean the grant of one or more property rights by the owner of property to, or for the use by, the public, a corporation, or another person or entity, for a specific purpose.

"Eave" shall mean the projecting lower edge of a roof overhanging the wall of a building.

"Educational facility, commercial" shall mean a school, institute, or training facility operated for profit, which may include but not be limited to trade or vocational schools, traffic schools, business schools, computer training facilities, beauty schools, and similar establishments.

"Educational institution" shall mean a public, private, parochial or other non-profit institution conducting regular academic instruction at the elementary, secondary, collegiate levels and university or graduate level qualified by the State Department of Education. Educational institution does not include schools or institutes that operate for a profit, nor does it include commercial, trade or vocational schools.

"Efficiency dwelling unit" shall mean a dwelling unit that combines kitchen, living and sleeping facilities into one room in an apartment consistent with the definition of an "efficiency dwelling unit" as defined by the most recent edition of the California Building Code.

"Electric distribution substation" shall mean an assembly of equipment that is part of a system for the distribution of electric power where electric energy is received at a sub-transmission voltage and transformed to a lower voltage for distribution for general consumer use.

"Elevation" shall mean a vertical distance above or below a fixed reference level.

"Elevation drawing" shall mean a flat scale drawing of the front, rear or side of a building or structure, drawn to scale and showing architectural details, colors and materials.

"Emergency" shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property or public services.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Enclosed" shall mean a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.

"Encroachment" shall mean any projection into a delineated floodway, right-of-way, adjacent land or required setback.

"Engineer, city" shall mean the city engineer of the City of Big Bear Lake.

"Entertainment, live" shall mean any act, play, revue, pantomime, scene, dance act, musical performance, performance act, or song, storytelling, or poetry reading, or any combination thereof, performed by one or more persons, either employees or patrons of a business establishment, whether or not they are compensated for the performance.

"Equipment rental yard" shall mean a use providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching of service vehicles required in connection with a business activity, public utility service, transportation service, or similar activity.

"Explosives" shall mean 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, gunpowder and dynamite, but shall not include fixed ammunition for small arms.

"Extended stay lodging" shall mean a hotel, motel or lodging facility that allows short term lodging for no more than one hundred eighty (180) days that provide dwellings units consistent with the definition of an "efficiency dwelling unit" as defined by this chapter and the most recent edition of the California Building Code.

"Extraction" shall mean the removal from the earth of oil, water, gas, gravel, mineral or geothermal resources by drilling, pumping or other means, whether for exploration or production purposes.

"Façade" shall mean the exterior walls of a building exposed to public view, or those walls viewed by persons not within the building.

"Family" shall mean one or more persons related by blood, marriage or legal adoption, or a group of persons including unrelated individuals living together as a relatively permanent, bona fide housekeeping unit.

"Family entertainment center" shall mean an establishment engaged in providing a range of entertainment activities to a variety of age groups including children. Such activities may include but not be limited to batting cages, go-cart tracks, miniature golf courses, snow or water slides, play areas, amusement machines and limited food service, provided that any facility having more than four amusement machines shall also be classified as an "amusement arcade."

"Fence" shall mean an artificially constructed barrier of any material, or combination of materials, erected to enclose or screen areas of land.

"Fence, open" shall mean a fence that permits at least fifty percent (50%) open visibility through the fence.

"Fill" shall mean any material or substance that is deposited, placed, pushed, dumped, pulled or transported or moved to a new location and the conditions resulting therefrom. Fill also includes pilings placed for the purpose of erecting structures thereon when located in a submerged area. Examples of fill material include, but are not limited to, earth, excavated or dredged materials, sand, gravel, rock, riprap, and concrete.

"Finding" shall mean a determination or conclusion based on the evidence presented to the reviewing authority, in support of its decision on a land use application.

"Fire chief" shall mean the head of the Big Bear Lake Fire Protection District and shall include his or her designees.

"Fire district" shall mean the Big Bear Lake Fire Protection District, or the area within the territorial limits of the Big Bear Lake Fire Protection District, and such territory outside of the Big Bear Lake Fire Protection District over which the Big Bear Lake Fire Protection District has jurisdiction or control by virtue of any constitutional or statutory provision.

"Floodplain" shall mean any land area susceptible to being inundated by water from any source.

"Floodplain Management Ordinance" shall mean Ordinance No. 2002-324 of the City of Big Bear Lake, as it may be amended from time to time.

"Floor area, gross" shall mean the sum of the gross horizontal areas of average floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking space, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

"Floor area, habitable" shall mean the total horizontal area of all the floors of a building measured from the exterior surface of the outside walls including all floors below ground level but exclusive of vent shafts, courtyards and garages.

"Floor area ratio (FAR)" shall mean the numerical value obtained through dividing the gross floor area of a building or buildings, excluding below grade floor area, by the total area of the lot or parcel of land on which such building or buildings are located.

"Footcandle" shall mean the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen; one footcandle equals one lumen per square foot.

"Frontage, street or highway" shall mean that portion of a lot or parcel of land which abuts a public or private street or highway, as measured along the common lot line separating said lot or parcel of land from the public street or highway.

Figure 3: Frontage

"Front wall" shall mean the nearest wall of a structure to the street upon which the structure faces, excluding awnings, canopies, eaves and any other architectural embellishments.

"Gable" shall mean the vertical triangular end of a building from cornice or eaves to ridge.

"Garage, private" shall mean an accessory building or an accessory portion of the main building, designed and used primarily for the shelter or storage of vehicles owned or operated by the occupants of the main building.

"Garage, public" shall mean a building other than a private garage used for the parking and storage of vehicles that is available to the general public.

"Garage sale" shall mean the sale from the residence or residential lot of a vendor of his personal property which has been used in his home and which personal property was not purchased, acquired, or solicited by the vendor for the purpose of resale. A "residential yard sale" or patio sale is included within the definition of garage sale.

"Gas station" shall mean an establishment primarily engaged in the sale of gasoline and oil only, excluding repair work. See "Automobile service station" or "Convenience store" for other similar uses.

"General plan" shall mean the comprehensive, long-term general plan for the physical development of the City of Big Bear Lake, as adopted by the city council and as amended from time to time.

"Glare" shall mean the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and ability.

"Government Code" shall mean the State of California Government Code.

"Grade" shall mean the vertical location of the ground surface.

"Grade, finished" shall mean the final grade of the site after development, which conforms to approval plans.

"Grade, natural" shall mean the elevation of the ground surface in its natural state, before manmade alterations.

"Gradient" shall mean the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance. (Also see "Slope" and "Slope steepness.")

"Grading" shall mean any excavation, filling, or movement of earth material by mechanical means, including but not limited to rock processing, dredging, blasting, bulldozing, and digging.

"Grading, mass" shall mean a grading technique in which all lots, building pads and streets are graded over the entire site area resulting in the disruption of the majority of the on-site natural grade and vegetation, and often resulting in, but not required to result in, a successive pad/terrace configuration.

"Gross leasable area (GLA)" shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

"Ground floor street frontage" shall mean the floor of a building that is accessible from ground level, adjacent to a street. In a case where the ground floor street frontage is required to be used for retail uses, this term shall mean the portion of the structure facing the street, which a customer enters from the ground level.

"Groundcover" shall mean low-growing plants used to prevent soil erosion.

"Guest house" shall mean living quarters located within an accessory building that is ancillary, subordinate to and located on the same premises with a "primary dwelling" and occupied solely by members of the family, temporary guests or persons regularly employed on the premises. Such quarters shall not contain kitchen facilities and shall not be rented or otherwise used as a separate "dwelling unit."

"Habitable structure" shall mean a structure that is suitable for human occupancy for purposes of employment, habitation or other purpose.

"Hazardous material" shall mean any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential threat to public safety if released into the workplace or the environment.

"Health club" shall mean an establishment providing exercise and other health fitness conditioning, including gymnasiums, aerobic dance and exercise classes, reducing salons, spas, and similar fitness facilities.

"Health department" shall mean the County of San Bernardino Department of Environmental Health Services.

"Health facilities, mobile" shall mean mobile facilities providing health services, such as bloodmobiles, health, hearing, or vision screening; and health fairs.

"Height." See "Building height."

"High water line" shall mean that line that is estimated by the highest elevation of a body of water. The "high water line" for Big Bear Lake is 6,743.2.

"Highest adjacent grade" shall mean the highest natural elevation of the ground surface prior to construction of a proposed structure.

"Home occupation" shall mean an accessory occupation or business carried out for gain within a "dwelling unit" in a residential zone conducted by a resident of a "dwelling" that is secondary or incidental thereof, which is conducted entirely within a dwelling by the inhabitants thereof, which use is clearly incidental to the use of the structure for dwelling purposes and which does not change the character thereof, and for which there is no display, no stock-in-trade, no commodity sold on the premises, and no mechanical equipment used except that necessary for housekeeping purposes. Home occupations may be permitted pursuant to Section 17.03.280.

"Homeless shelter" shall mean a facility that provides sleeping accommodations and restroom facilities to homeless persons for less than a twenty-four (24) hour stay. This term does not include "congregate meal facilities" or "transitional housing."

"Homeowners association" shall mean an organization incorporated under state law among residential property owners who have a common interest in certain property, for the purpose of owning, operating, and maintaining said property.

"Hospital" shall mean an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to ill or injured persons, and licensed by state law to provide in-patient facilities and services in surgery, obstetrics, and general medical practice.

"Hotel" shall mean a building in which there are six or more guest rooms where transient lodging (for a period of thirty (30) consecutive calendar days or less) with or without meals is provided for compensation; typical incidental uses may include meeting rooms, restaurants, and recreation facilities.

"Household" shall mean one or more individuals living together in a single dwelling unit, with common access to all living and kitchen areas and facilities within the dwelling unit.

"Illegal structure, use, or lot" shall mean a structure, lot, or use that did not conform to applicable laws when constructed or initiated and which has not been granted legal nonconforming status by a categorical provision of this Development Code or has not been brought into full conformity by a specific remedy provided in this Development Code.

"Illumination intensity" shall mean an expression, in wattage or foot-candles, of visually perceived brightness from an artificial light source.

"Impervious surface" shall mean any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

"Improvement" shall mean any place, building, structure, natural feature, or object constituting a physical addition to real property or a structure on real property, or any part of such addition or façade.

"Improvement, tenant" shall mean an improvement within the confines of an existing building exclusive of those required to meet minimum Uniform Building Code occupancy standards such as wiring or plumbing.

"Inauguration of use" shall mean that applicable grading and building permits have been issued, and that substantial work has been performed on the project site and substantial liabilities have been incurred in good faith reliance on such permits, such that the use shall be considered to be established on the project site pursuant to the applicable land use approval.

"Infrastructure" shall mean permanent physical improvements, whether public or private, required to support development, including but not limited to streets, sewer, water, utilities, drainage facilities, and public facilities.

"Inoperative vehicle" shall mean any vehicle which is not currently registered or which is not capable of self-propulsion.

"Intersection" shall mean where two or more roads connect at grade.

"Institutional use" shall mean a nonprofit or quasi-public use or institution such as a church, library, post office, public or private school, hospital, or city-owned building, or land or structures used for public purposes.

"Junk" shall mean any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Materials or equipment kept on any premises for use in the construction of any building on such premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not be deemed "junk" within the meaning of this section.

"Junk or salvage yard" shall mean 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 said property or elsewhere.

"Kennel" shall mean any structure or facility in which six or more dogs, cats, or other small animals over the age of four months are kept, whether such keeping is for pleasure, profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale, or hire.

"Kitchen" shall mean any room or portion of a room used, intended, and designed to be used for cooking or the preparation of food, including storage and refrigeration.

"Lake" shall mean an inland water body, either natural or manmade, fed by springs or surrounding drainage.

"Land use" shall mean the way in which property is or will be utilized or occupied.

"Landscape area" shall mean those portions of a building site or development site that are set aside to remain in open space, excluding driveways, parking, paving, loading or storage areas, or portions of structures, and in which "landscaping" exists or is planned to be installed.

"Landscaping" shall mean the planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers, lawns, or other plant material, decorative hardscape, or other decorative features to land. This combination may include natural landscape features such as rock and stone, and structural features including but not limited to fountains, reflecting pools, art works, and benches.

"Law" shall mean the United States Constitution, federal law and statutes, the Constitution and statutes of the State of California and the codes and ordinances of the City of Big Bear Lake and/or Big Bear Lake Fire Protection District, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

"Legislative body" shall mean the city council of the City of Big Bear Lake.

"Light source" shall mean a device that produces illumination, including incandescent light bulbs, fluorescent and neon tubes, halogen and other vapor lights and reflecting surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a light source or reflective surface is considered to be part of the light source.

"Liquor store" shall mean an establishment in which the primary use is the sale of alcoholic beverages for consumption off-site which requires a license from the State Alcohol Beverage Control.

"Loading space" or "loading zone" shall mean an off-street space or berth used exclusively for loading or unloading of goods from a vehicle in connection with the use of the site.

"Lodging facility, commercial" shall mean a room or group of rooms used or intended for use by overnight occupants as a single unit on a transient basis (less than thirty (30) days), providing lodging with or without meals provided to patrons, except for transient private home rental units permitted pursuant to Section 17.03.310.

"Lot" shall mean a piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record that is recognized and intended as a unit for the purpose of transfer of ownership, and which may be used, developed, or built upon as otherwise permitted by law. See Figure 4 for various types of lots, which include the following:

"Lot, corner" shall mean a lot located at the intersection of two or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "interior lot."

"Lot, flag" shall mean a lot not fronting on or abutting a street right-of-way and where a narrow portion of the lot provides access to the right-of-way.

"Lot, interior" shall mean a lot abutting only one street.

"Lot, key" shall mean a lot with a side property line that abuts the rear property line of any one or more adjoining lots

"Lot, reverse corner" shall mean a corner lot, the rear of which abuts the side of another lot.

"Lot, through" shall mean a lot having frontage on two generally parallel streets, with only one primary access.

Figure 4: Types of Lots

"Lot area" shall mean the total horizontal area included within the lot lines of a lot or parcel of land.

"Lot coverage" shall mean the total horizontal area of a lot, parcel or building site covered by any building that extends more than 3 feet above the surface of the ground level, including any covered car parking spaces.

"Lot depth" shall mean the horizontal length of a lot, which shall be measured as follows:

1.

For lots having straight front and rear lot lines, lot depth shall be measured as an imaginary line connecting points bisecting the front and rear lot lines.

2.

For lots having irregularly-shaped front or rear lot lines, lot depth shall be measured as an average of the length of the side lot lines and an imaginary line connecting the bisecting points of the front and rear lot lines.

Figure 5: Lot Depth

"Lot frontage" shall mean that portion of the lot abutting a street, or the length of that portion of the lot abutting the street.

"Lot line" shall mean a line bounding a lot. See Figure 6 for various types of lot lines, which include the following:

"Lot line, front" shall mean the line separating the parcel from the street on an interior lot. On a corner lot, front shall mean the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the location of the front lot line shall be determined by the city planner.) On a through lot, front shall mean the lot line abutting the street providing the primary access to the lot.

"Lot line, interior" shall mean any lot line not abutting a street.

"Lot line, rear" shall mean a lot line, not intersecting a front lot line, which is most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, rear lot line shall mean an imaginary line within the lot having a length of ten (10) feet, parallel to and most distant from the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Development Code.

"Lot line, street side" shall mean any lot line other than the "front lot line" that abuts a street.

Figure 6: Lot Lines

"Lot width" shall mean the horizontal distance between the side lot lines as measured at the required front setback line (see Figure 7).

Figure 7: Lot Width

"Lot, substandard" shall mean a lot or parcel of land that has less than the required minimum area or dimensions as established by the zone in which it is located, provided that such lot or parcel was of record as a legally created lot on the effective date of this Development Code.

"Low barrier navigation center," as defined by California Government Code Section 65660, means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2.

Pets.

3.

The storage of possessions.

4.

Privacy, such as partitions around beds in dormitory setting or in larger rooms containing more than two beds, or private rooms.

"Major tenant" means the business that occupies the greatest amount of leasable floor area in an office or commercial project.

"Manufactured home" shall mean a "structure," as defined in Section 65852.3 of the California Government Code, transportable in one or more sections and is built on a permanent chassis and designed to be used as a "dwelling" with a fixed permanent foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, which is certified under the National Manufactured Housing Construction and Safety Act of 1974, and which is installed on a lot zoned single-family residential (R-1). "Manufactured home" includes a "mobilehome" subject to the National Manufactured Housing Construction and Safety Act of 1974, and which complies with this section.

"Manufactured home park" shall mean any lot or parcel of land where sites are rented or leased, or offered for rent or lease, for one or more "manufactured homes."

"Manufactured home site" shall mean that portion of a "manufactured home park" designated for use or occupancy of one "manufactured home," designed or used for the habitation of one household, and including all appurtenant facilities thereon.

"Manufactured home subdivision" shall mean an area of land where lots are divided for sale, rent or lease to accommodate "manufactured homes."

"Manufacturing" shall mean the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the construction of products, and the blending of materials such as plastics, resins or oils.

"Marina" shall mean a use primarily providing water-oriented services such as yachting boating activities, boat rentals, boat storage and launching facilities, sport fishing activities, excursion boat and sight seeing facilities and other related ancillary activities, including but not limited to fuel sales for users of the premises and minor and boat and engine repair required to support the primary use.

"Massage" means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, other similar preparations commonly used in this practice, or any other system for treatment or manipulation of the human body with or without any form of bath, such as Turkish, Russian, Swedish, Japanese, Shiatsu, acupressure, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath, including herbal body wraps.

"Massage, accessory use" means massage that is provided by a licensed and permitted massage technician as an accessory use to an approved primary use in which the massage use includes only one massage table or one chair and where only one permitted massage technician is on-duty at any one time, in accordance with applicable city requirements.

"Massage establishment" means any establishment having a fixed place of business where any person provides or attempts to provide, engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any business of providing massages, as defined in this section, or health treatments involving massage as the principal function and where more than one massage table or chair will be utilized, or more than one licensed and permitted massage technician will be on-duty at any one time.

"Massage technician" includes "masseur," or "masseuse," "massage practitioner," and "massage therapist," and means any person who administers to any other person, for any form of consideration or gratuity, a massage as defined in this section.

"Medical office" shall mean any facility providing physical or mental health service, and medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations. Medical clinic includes health center, health clinic and doctor's offices.

"Mobilehome" shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

"Mobilehome development" shall mean an area of land where lots are divided for sale, rent or lease to accommodate "mobilehomes."

"Mobilehome park" shall mean any area or tract of land where two or more "mobilehome" lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for human habitation.

"Mobilehome site" shall mean that portion of a "mobilehome park" designated for use or occupancy of one "mobilehome," designed or used for the habitation of one household, and including all appurtenant facilities thereon.

"Model home" shall mean a dwelling unit located in a residential zone district temporarily used for display purposes as an example of dwelling units available for sale in a particular residential development.

"Month" shall mean a calendar month.

"Motel" shall mean 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 are designed, used, or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media.

"Motor vehicle" shall mean a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

"Multi-tenant" shall mean any building occupied by more than one "business".

"Municipal Code" shall mean the City of Big Bear Lake Municipal Code.

"Noise" shall mean any undesirable audible sound.

"Nonconforming lot, legal" shall mean a lot, the area, dimensions or location of which were lawfully created in compliance with all applicable ordinances and laws at the time the lot was created, but which, due to the application of this Development Code, or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the lot is located.

"Nonconforming structure, legal" shall mean any structure or improvement that was lawfully established in compliance with all applicable ordinances and laws at the time it was erected, but which, due to the application of this Code or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

"Nonconforming use, legal" shall mean any use of land or property that was lawfully established in compliance with all applicable codes and laws at the time the use commenced, but which, due to the application of this Development Code or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.

"Nuisance," in the context of this title, shall mean the use of property in a manner that is not in compliance with the provisions of this Development Code.

"Official zoning map" shall mean a map that graphically shows all zoning district boundaries and classifications within the City of Big Bear Lake, as adopted by ordinance by the city council.

"Office" shall mean a building or portion thereof wherein services are performed involving predominantly administrative, professional, or clerical operations.

"Offsite" shall mean located outside of the boundaries of the property that is the subject of a development application.

"Onsite" shall mean located on the lot that is the subject of an application for development.

"Open space" shall mean an area of land which is unimproved except for landscaping or recreational facilities, and which is set aside, dedicated, designated, or reserved for public or private use or enjoyment for scenic, environmental, or recreational purposes. Open space does not include: area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing public and private streets or driveways, or school sites. See Figure 8 for various types of open space, which include the following:

"Open space, common" shall mean open space within a project, owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas, and greenbelts, but excludes pavement or driveway areas, or parkway landscaping within public right-of-way.

"Open space, private" shall mean that open space directly adjoining the unit or building which is intended for the private enjoyment of the occupants of the unit or building. Private open space shall in some manner be defined such that its boundaries are evident. Private open space includes private patios or balconies and front, rear, or side yards on a lot designed for single-family detached or attached housing.

Figure 8: Open Space

"Open space, usable" shall mean outdoor or unenclosed area on the ground or on a deck or terrace, designed and accessible for outdoor living space, recreation, pedestrian access, or landscaping but excluding streets, parking facilities, driveways, utility or service areas, or areas which due to

their small size or location are not usable for open space purposes.

"Ordinance" shall mean an ordinance of the City of Big Bear Lake and/or Big Bear Lake Fire Protection District.

"Outdoor recreation facility" shall mean a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, skiing, swimming, riding, or other outdoor sport or recreation, operated predominantly in the open, except for clubhouses and incidental enclosed services or facilities.

"Outdoor storage" shall mean the keeping, in an unroofed area, of any goods, junk, material, merchandise, or other similar items in the same place for more than twenty-four (24) hours.

"Overhang" shall mean the part of a roof or wall that extends beyond the façade of a lower wall.

"Overhang, vehicle" shall mean the portion of a vehicle extending beyond the wheel stop or curb.

"Owner" applied to a building or land, shall mean any person appearing on the last equalized assessment roll of the County of San Bernardino, including any part owner and joint owner.

"Pad, building" shall mean that area of a lot graded relatively flat, or to a minimum slope, for the purpose of accommodating a building and related outdoor space.

"Parapet" shall mean the extension of the main walls of a building above the roof level.

"Parcel of land" shall mean a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant(s) or person(s).

"Park" shall mean an open space area set aside and available for use by the general public for recreational, educational, environmental, cultural, or scenic purposes.

"Parking area" shall mean any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

"Parking, covered" shall mean a permanent carport or garage that provides full overhead protection from the elements with roof coverings customarily used in building construction. Canvas, plastic, lath, and vegetation are not ordinary roof coverings and do not qualify a space, when used, as providing a covered parking space.

"Parking, off-site" shall mean the development and use of a parking area on a separate parcel or property from that occupied by the business served by said parking area.

"Parking, shared" shall mean the development and use of parking areas for joint use by more than one business.

"Parking space" shall mean an area, not including driveways, ramps, loading or work areas, which has been delineated and is maintained exclusively for the parking of one motor vehicle.

"Parkway" shall mean the area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for walkways, landscaping and/or passive recreation purposes.

"Patio cover" shall mean any roof-like structure attached to another structure, or any extension of a roofline, constructed for the purpose of decoration or protection from the elements in connection with outdoor living.

"Patio sale." See "Garage sale."

"Perimeter" shall mean the boundaries or borders of a lot, tract, or parcel of land.

"Permit" shall mean written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

"Permitted use" shall mean any use allowed in a zone and subject to the restrictions applicable to that zone.

"Person" shall mean any individual, partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, agency, district, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.

"Phase" shall mean any contiguous part or portion of a project that is developed in a sequential manner or as a unit in the time period.

"Planned development" shall mean the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures, based on a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project.

"Planning commission" shall mean the planning commission of the City of Big Bear Lake.

"Play court" shall mean any area having a paved or hard surface, used for recreational purposes, including but not limited to courts for tennis, racquetball, squash or badminton play. A basketball hoop adjacent to a driveway or attached to a structure is not a play court for purposes of this Development Code.

"Plot plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, uses, easements, and the exact manner of development proposed for a specific parcel of land, along with information on adjacent streets and properties as may be required by the city planner.

"Plot plan review" shall mean a discretionary entitlement which may be granted under the provisions of this Code which, when granted, authorizes the construction of a specific development on a parcel of land or the substantial modification of an existing development pursuant to Section 17.03.160, subject to compliance with conditions of approval imposed on the "action."

"Preceding" and "following" shall mean next before and next after, respectively.

"Pre-zoning" shall mean the act of designating, in advance of annexation, the zoning to be applicable to a site upon subsequent annexation of that site to the City of Big Bear Lake.

"Principal use" shall mean the primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Development Code.

"Professional office" shall mean an office from which a doctor, lawyer, engineer, or architect or similar professional may offer services within an approved building in a commercial zone (excluding home occupations).

"Prohibited use" shall mean a use that is not permitted in a zone district.

"Project" shall mean the total development within the boundaries as defined on the "development proposal."

"Project inauguration" shall mean the issuance of applicable grading and building permits, installation of internal infrastructure and foundations and the initiation of on-going ground construction. Any cessation of construction activity for over one hundred eighty (180) days shall nullify the inauguration of a project for purposes of this Development Code.

"Projection, architectural" shall mean any projection, including eaves, awnings, and/or chimneys, which extend beyond the face of an exterior wall of a structure.

"Property" includes real and personal property.

"Public facility" shall mean any establishment, building, or operation that is intended to be used by members of the general public or for the establishment of a public use.

"Public hearing" shall mean an open meeting announced and advertised in advance and open to the public, where the public is given the opportunity to make comments on the items advertised, and all reports, testimony and discussion at the meeting is incorporated into the administrative record for the development proposal.

"Public meeting" shall mean an open meeting for which an agenda is posted in advance, as required by state law, but for which additional notice is not required.

"Public notice" shall mean the advertisement of a "public hearing" or "public meeting," or of an intended action on a "development proposal," in a newspaper of general circulation in the area, by posting, mailing, or otherwise, which notice indicates the time, place, project description, and name of the approval or advisory body considering the "action."

"Public right-of-way" shall mean a strip of land acquired by reservation, dedication, prescription or condemnation and which is intended to be or is presently occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway, pedestrian walkway, or other public use.

"Public utility installation" shall include telephone, electric, and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves, or structures; sewer pipes, valves, or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment, and structures necessary for conducting a service by a government or public utility.

"Reciprocal parking" shall mean a parking area utilized by two or more parties by mutual consent.

"Reciprocal parking and access agreement" shall mean a contract between parties in which they enter into mutual agreement to provide parking and vehicular access between each of the parties. Commonly, these agreements are used between commercial properties.

"Recorder" shall mean the recorder of the County of San Bernardino.

"Recreational facility, commercial" shall mean an establishment providing recreation, amusement, or entertainment services including indoor uses such as theaters, bowling lanes, billiard parlors, skating arenas, and other similar services, and outdoor uses such as golf, tennis, basketball, baseball, skiing, swimming, and similar services, operated in a commercial zone on a private or for profit basis.

"Recreational vehicle" shall mean a vehicle that is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light-duty truck or sport utility vehicle; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. The term recreational vehicle includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers, and all-terrain vehicles.

"Recreational vehicle park" shall mean any area or tract of land, in an area zoned for recreational use, where one or more lots are rented or leased or held out for rent or lease to owners or users of "recreational vehicles" or tent camping used for travel or recreation purposes, and which is occupied for a period of not more than thirty (30) days for each space.

"Recyclable material" shall mean products including, but not limited to, newspapers, newsprint, aluminum cans, tin cans, low density polyethylene containers, corrugated cardboard, high-grade paper and mixed paper, glass or plastic bottles or containers, or steel and other types of scrap metals, polyethylene terephthalate containers marked "1," high density polyethylene containers marked "2," low density polyethylene containers marked "4," California redemption containers, ferrous metals, non-ferrous metals, white paper, mixed paper, telephone books, Christmas trees, other holiday trees, and other similar items that can be diverted from landfills.

"Recycling facility" shall mean 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; or a transfer station where non-recyclable, solid waste is dropped off and processed for efficient transfer to landfills and other approved solid waste disposal areas. Recycling facilities may include the following:

1.

Small Collection Facility. A small collection facility is a center that occupies an area no more than five hundred (500) square feet for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power driven processing equipment. Small collection facilities may include the following:

a.

Reverse vending machines;

b.

Mobile units;

c.

Bulk reverse vending machines occupying more than fifty (50) square feet;

d.

Kiosk type units which may include permanent structures;

e.

Unattended containers placed for the donation of recyclable materials.

2.

Large Collection Facility. A large collection facility is a center that occupies an area in excess of five hundred (500) square feet and which may include permanent structures.

3.

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 bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

a.

A light processing facility occupies an area of not more than forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two 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.

b.

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

"Religious institution" shall mean any building or structure, or group of buildings or structures, which are primarily used for the conducting of regular and organized religious services and church related activities, exclusive of "educational institutions."

"Repair" shall mean the reconstruction or renewal of any part of an existing building, structure, or other improvement, for the purpose of its maintenance.

"Residence" shall mean a "dwelling" where an individual or household is actually living at a specific point in time. A person may have multiple residences but the home maintained as the permanent home is the domicile.

"Residential use" shall mean the use of property or structures for human habitation, including the activities of cooking, eating, sleeping and living.

"Residentially designated property" shall mean property in any jurisdiction that is either zoned or designated in the general plan of that jurisdiction for residential uses.

"Restaurant" shall mean an establishment which is regularly and in a bona fide manner used and open for the serving of meals to guests for compensation and which has adequate kitchen facilities for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for the keeping of food on the premises and must comply with all the regulations of the San Bernardino County Health Department.

"Retail trade" shall mean establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

"Reverse vending machine(s)" shall mean an automated mechanical device which accepts at least one 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.

"Reviewing authority" shall mean the person or decision-making body (i.e., city planner or designee, planning commission, or city council) responsible for the review and "action" on a "development proposal" or "permit," pursuant to Chapter 17.03.

"Rezone" shall mean to change the zoning classification of particular lots or parcels of land.

"Right-of-way." See "Public right-of-way."

"Riparian" shall mean of, pertaining to, situated, or dwelling on the bank of a river, lake, pond, or other body of water.

"Roofline" shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

"Room" shall mean an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.

"Rooming house" and "boarding house" shall mean a residential building or structure maintained, advertised, or held out to the public as a place where sleeping or rooming accommodations are furnished to the public, whether with or without meals.

"Run with the land" shall mean a covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property.

"Sanitarium" shall mean the same as hospital.

"Satellite dish" shall mean an apparatus capable of receiving communications from a transmitter relay located in planetary orbit.

"School, public or private" shall mean the same as "educational institution."

"School, vocational, business or trade" shall mean a facility primarily teaching usable skills that prepare students for jobs in a trade, and meeting state requirements as a vocational facility; see "educational facility, commercial."

"Screening" shall mean a method of visually shielding or obscuring a structure or use, or portion thereof, from an abutting or nearby use, or from the general public, by a fence, wall, hedge, berm or similar structure, architectural or landscape feature, or combination thereof.

"Second dwelling unit" shall mean an additional dwelling unit on a single-family residential lot in accordance with California Government Code Section 65852.2; second dwelling units are prohibited in the City of Big Bear Lake, based on the findings contained in Section 17.25.210.

"Setback" shall mean the minimum required distance that a building, structure, parking area or other designated item must be located from a lot line (see also "Yard").

"Setback line" shall mean a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot (see also "Yard").

"Sexually oriented businesses" shall mean those uses defined in Ordinance No. 99-302, as it may be amended from time to time.

"Shopping center" shall mean a grouping of retail business and service uses on a single site with common parking facilities.

"Shoreline" shall mean a nearly level stretch of land besides a lake that may be man-made or created by the action of the water.

"Sidewalk" shall mean that portion of a street between the curbing and the adjacent property line that is paved or otherwise provided with an approved surface accessible to the disabled, and intended for the use of pedestrians.

"Sign" shall mean any object having a visual appearance primarily used for or having the effect of attracting attention from the streets, sidewalks, or other outside public areas for identification purposes, including but not limited to all outdoor advertising and any card, cloth, paper, paint, plastic, metal, painted glass, or wooden or stone materials, and any and all devices, structural and otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, or in the front, rear, sides, or top of any structure, on any land, or any rock, bush, wall, tree, post, fence, building, or structures, which device in any manner, or by any means, whether enumerated in this paragraph or not, conveys a message, announces or directs attention to the name, nature, merits, availability, price, or type of goods, services, or products produced, sold, stored, furnished, or available at that location or at any other location, and including the support elements, distinct background area and decorative embellishments thereof, with the exception of the following:

1.

Such devices not exceeding one square foot in area and bearing only property numbers, names of occupants or other similar identification on a site;

2.

Flags and other insignia of any government not displaying a commercial message;

3.

Legal notices, or notices containing identification, informational, or traffic directional information;

4.

Decorative or architectural features of buildings, except letters, trademarks, or moving parts;

5.

Holiday decorations and lights;

6.

Government traffic controlling devices.

For definitions of specific sign types and terms, see Section 17.12.020.

"Sign Ordinance" shall mean Ordinance No. 2000-310 of the City of Big Bear Lake, as codified in Chapter 17.12 of this Development Code, as it may be amended from time to time.

"Site plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific development site.

"Slope" shall mean an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. See "Gradient."

"Slope face" shall mean the slope located directly below, and leading up to, the crest of a ridgeline or prominent landform.

"Slope, manufactured" shall mean a man made slope created by grading that consists wholly of cut or filled material.

"Slope steepness" shall mean the relationship (the ratio) between the change in elevation (rise) and the horizontal distance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100). (See Figure 9.)

Figure 9: Calculation of Slope

"Ski resort" shall mean a "commercial recreational facility" offering skiing and snowboarding facilities, which also includes ancillary sales, rental and service of related equipment and accessories, eating establishments, and related services.

"Social or professional organization" shall mean a nonprofit association of persons, whether incorporated or unincorporated, organized for some common purpose including fraternities, sororities, lodges, political membership, veterans, civic, social, and similar organizations, but not including a group organized primarily to render a service customarily carried on as a business.

"Solid fill" shall mean any non-combustible materials, insoluble in water, such as soil, rock, sand, or gravel, which can be used for grading land or filling depressions.

"Special event" shall mean an outdoor temporary use or group of related outdoor temporary uses of limited duration that is not regularly conducted on a site as a normal, ongoing component of the primary land use occupying the site; for types of special events, see Section 17.03.300.

"Specialty food store" shall mean a retail establishment offering sale of packaged and prepared food products to a specific segment of consumers, including but not limited to meat markets, health food stores, or ethnic food stores carrying solely those items that are the customary fare of a particular culture. A specialty food store may also include a full service food market containing less than five thousand (5,000) square feet of gross floor area wherein at least ten percent (10%) of the gross floor area is utilized for the sale of fresh meat, seafood, and fresh produce.

"Specific plan" shall mean a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and the provisions of Government Code Section 65450 et seq.; approval of any new specific plan is subject to Section 17.03.290.

"Sphere of influence" shall mean the ultimate physical boundary and service limits of the city as approved by the San Bernardino County Local Agency Formation Commission.

"Stable, commercial" shall mean a stable for horse, mules, ponies, or other equines that are rented, used, or boarded on a commercial basis for compensation.

"Stable, private" shall mean an accessory building or enclosure for the keeping of horses, mules, or ponies owned by the occupants of the premises and not rented, used, or boarded on a commercial basis for compensation.

"State" shall mean the State of California.

"Stockpile" shall mean the temporary placement or storage of inert materials, including but not limited to rock, sand, gravel and soil. No stockpile shall contain biological material, such as green waste, trash, composted material, bio-solid material or sludge.

"Storage facility, personal" shall mean a building or group of buildings in a controlled access compound that contains varying sizes of individual, departmentalized, and controlled access stalls or lockers for the storage of customers' goods or wares.

"Street" shall mean any public or private highway, road, or thoroughfare that affords the primary means of access to abutting property, including all right-of-way.

"Street, private" shall mean a street that is not dedicated for public right-of-way.

"Structure" shall mean anything that is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. As used in this Development Code, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

"Structure, principal" shall mean the building(s) or structure(s) in which the principal use of the lot is conducted.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

"Subdivision" shall mean the division, by any subdivider, of any unit of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, pursuant to state law.

"Supportive housing" shall mean a residential unit as defined in subdivision (b) of Section 50675.14 of the California Health and Safety Code. Supportive housing is a residential use of property subject to the same requirements and standards that apply to other residential uses of the same type in the same zone.

"Swap meet" shall mean any indoor or outdoor place, location or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to flea markets, auctions, or other similar activities, but the term does not include supermarket or department store retail operations.

"Temporary dependent housing" shall mean a residential dwelling unit intended for the sole occupancy of one or two adult persons who are sixty-two (62) years of age or over, or handicapped, permitted in accordance with Section 17.25.130.

"Temporary structure" shall mean a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Temporary use" shall mean a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

"Tenant" and "occupant" shall mean, when applied to a building or land, any person who occupies the whole or a part of such building or land, whether alone or with others.

"Timeshare" shall mean a project in which a person purchases an undivided interest in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other basis.

"Thrift store" shall mean a commercial location where used merchandise is offered for sale or exchange to the general public, where the value of such merchandise is not increased by virtue of its age or rarity.

"Townhouse" shall mean a dwelling subdivided into individual units such that each owner owns the unit structure and the land on which the unit is located or an exclusive easement for it, plus a common interest in the land upon which the building is located.

"Trailer" shall mean a vehicle designed for carrying persons or property on its own structure and capable of being drawn by a motor vehicle.

"Transient private home rental" shall mean a dwelling unit, including either a single-family detached or multiple family unit, rented for the purpose of overnight lodging for a period of not less than one night and not more than thirty (30) days, pursuant to Section 17.03.310.

"Transitional housing" shall mean a residential unit as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Transitional housing is a residential use of property subject to the same requirements and standards that apply to other residential uses of the same type in the same zone.

"Transfer station" shall mean an area, including any necessary buildings or structures, for the temporary storage of solid waste, prior to its transport to a landfill.

"Tree" shall mean a self-supporting woody plant growing upon the earth that usually provides one main trunk and produces a more or less distinct and elevated crown with many branches. For purposes of this Development Code, the term "tree" shall include only those trees with a trunk of six inches or greater diameter at four and one-half feet above existing grade, except that if a tree splits into multiple trunks below four and one-half feet, the trunk is measured at its most narrow point below the split.

"Tree Conservation Ordinance" shall mean Ordinance No. 2002-325, as codified in Chapter 17.10 of this Development Code, as it may be amended from time to time.

"Triplex" shall mean the same as "dwelling, three-family."

"Use" shall mean the purpose for which land or a building or structure is arranged, designed, or intended to be utilized, or for which it is or may be utilized, occupied or maintained.

"Use, accessory." See "Accessory."

"Variance" shall mean a discretionary entitlement that permits the departure from the strict application of the development standards contained in this Development Code, pursuant to Section 17.03.180.

"Vehicle" shall mean a device by which a person or property may be propelled, moved, or drawn upon a highway or water, except a device moved exclusively by human power, or used exclusively upon stationary rails or tracks.

"Vehicle, commercial" shall mean a vehicle customarily used as part of a business for the transportation of goods or people.

"Vehicle sight area" shall mean the area established at street intersections and driveways, in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

"Vehicle queuing area" shall mean an area for temporary stopping of motor vehicles in a line while awaiting service, such as provided at a drive-through business.

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

"Warehouse" or "storage and distribution building" shall mean a building primarily used for the storage of equipment, building materials, lumber, furniture, manufactured goods, wholesale products, and similar types of materials or finished products, including, but not limited to wholesale distribution facilities, and moving and transfer storage, except that these terms do not include personal storage facilities or excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions.

"Warehousing" shall mean the act of maintaining or operating a warehouse.

"Watercourse" shall mean a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which water flows at least periodically. This definition shall include specifically designated areas in which substantial flood damage may occur.

"Wetland" shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

"Wholesale sales" shall mean the sale of goods by an individual or firm, usually in large quantities and at lower prices, to another individual or firm for the purposes of resale; or a sale of product for which the purchaser pays no sales tax.

"Wireless communication facility" shall mean a facility consisting of a base station, as defined in 47 C.F.R. § 1.40001(b)(1), and any equipment installed and owned by a third party used to deliver a service (other than a communications service) to a communications facility (e.g., electric meter), and the wireless support structure, if any, associated with the same.

"Wireless support structure" has the same meaning as the term "tower" as defined in 47 C.F.R. § 1.40001(b)(9). Wireless support structure includes a monopole or tower built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antenna and associated facilities. This definition does not include utility poles.

"Workforce housing" shall mean housing that is targeted towards individuals and households with annual incomes in the moderate or below income categories as published annually by the State of California Department of Housing and Community Development.

"Xeriscape" shall mean trees, shrubs, groundcover, and other plant material that survive with a limited amount of supplemental water.

"Yard" shall mean an open space on a parcel of land, other than a court, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Figure 10 for various types of yards, which include the following:

"Yard, front" shall mean an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front yard in residential land use districts, while the longest street frontage shall be the front yard in commercial/industrial land use districts.

"Yard, interior side" shall mean an area extending from the required front yard (or, where there is no required front yard, from the front lot line) to the required rear yard (or, where there is no required rear yard, to the rear lot line) and from the interior side lot line to a setback line parallel thereto.

"Yard, rear" shall mean an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto. On flag lots, the location of the rear yard shall be determined by the city planner based on the project design and surrounding development pattern.

"Yard, street side" shall mean an area extending from the required front yard (or, where there is no required front yard, from the front lot line) to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto.

Figure 10: Types of Yards

"Yard sale." See "Garage sale."

"Year" shall mean three hundred sixty-five (365) days, or a calendar year.

"Zero lot line" shall mean the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

"Zone" shall mean a portion of the territory of the city, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are not permitted and within which certain yards and open spaces are required and certain height limits and other standards are established for buildings, all as set forth and specified in this Development Code.

(Ord. 2003-333 § 4 (Exh. A (part)), 2003)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2017-454, § 4(Exh. 1, § B), 6-12-2017; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022; Ord. No. 2022-506, § 4(Exh. A), 10-3-2022)