For the purpose of carrying out the intent of this zoning ordinance, the words, phrases and terms included herein shall be deemed to have the meaning ascribed to them in this article.

(Ord. No. 2008-04 § 1.)

"Abandonment" means 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 rearranging a facility, or during normal periods of vacation or seasonal closure.

"Abut" or "abutting" means the same as adjoining.

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

"Accessory use" means a use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use or adversely affect other properties in the area.

"Adjacent" means two or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or two or more objects that lie near or close to each other.

"Adjoining" means two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other.

Adult Uses/Terminology. The definition of adult uses specifies the following types of establishments:

1.

"Adult arcade" means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (See the end of the list of adult-use establishments for the ordinance's definition of "Specified sexual activities" or "Specified anatomical areas.")

2.

"Adult bookstore" means an establishment that has more than fifty percent of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: (a) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or (b) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

3.

"Adult cabaret" means a nightclub, bar restaurant, or similar establishment that presents live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4.

"Adult motion picture theater" means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in which more than fifty percent of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

5.

"Adult theater" means a theater, concert hall, auditorium, or similar establishment characterized by (activities featuring) the exposure of specified anatomical areas or by specified sexual activities.

6.

"Massage parlor" means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

7.

"Sexual encounter establishment" means an establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in sexual therapy.

8.

"Specified anatomical areas," as used herein, means and includes any of the following: (a) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

9.

"Specified sexual activities," as used herein, means and includes any of the following: (a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (b) sex acts, normal or perverted, actual or simulate, including intercourse, oral copulation, or sodomy; (c) masturbation, actual or simulated; or (d) excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (c) of this definition.

"Agriculture" (see also "Farm") means the use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

"Alley" means an unnamed public or private right-of-way less than forty feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway not intended for general traffic circulation.

"Alteration" means any change, addition, or modification in construction or occupancy of an existing structure.

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

"Animal hospital" means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to animals.

"Apartment house" means a building, or a portion of a building, designed or used for occupancy by three or more families living independently of each other, and containing three or more dwelling units.

"Area" means net area unless otherwise specified.

Area, Net. "Net area" means that area of a lot or parcel of land exclusive of:

1.

Public alleys, highways or streets;

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 when the owner of the servient tenement does not have the right to use the entire surface of the land.

"Assessor" means the assessor of the county of Imperial.

"Automobile dismantling yard" means any premises used for the dismantling or wrecking of vehicles required to be registered under the Vehicle Code of the state of California, including the buying, selling or dealing in such vehicle or the integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked operative and inoperative vehicles. Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage, automobile body and fender repair shop or automobile impound yard.

"Automobile impound yard" means facilities designated or maintained by a governmental agency for the temporary storage of vehicles legally removed or impounded by a peace officer from public or private property as prescribed by law.

(Ord. No. 2008-04 § 1.)

"Bachelor apartment" means two or more connecting guest rooms which do not contain cooking facilities and are designed, used or intended to be used, rented or hired out as living accommodations for any person as a single living unit.

"Bar" or "cocktail lounge" means any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than twenty-five percent of the gross receipts.

"Basement" means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.

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

Building, Accessory. "Accessory building" means a detached subordinated building less than thirty percent of the floor area of the main building, the use of which is customarily incidental to that of the main building or to the principal use of the land and which is located on the same lot or parcel of land with the main building or principal use of the land. Accessory buildings shall be included in the calculation of floor area ratio.

"Building coverage" means the percent of lot area which may be covered by all the footprints of buildings or aboveground structures on a lot.

"Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

Building, Main. "Main building" means a building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone, any dwelling shall be deemed to be a main building upon the lot or parcel of land on which it is situated.

(Ord. No. 2008-04 § 1.)

"Carport" means a structurally permanent roofed structure constructed with building materials similar to the roof of the main building with not more than two enclosed sides, used or intended to be used for automobile shelter.

"Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

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

"Centerline" means a line established by the city engineer as the centerline of a street, alley, right-of-way, or easement. For the purposes of this zoning ordinance, where a proposed centerline is designated on an official survey map, the proposed centerline shall be deemed to be the official centerline. Centerlines established by the county surveyor or county engineer, where such is applicable, shall be deemed to be official centerlines.

"Child care center" means a facility which provides nonmedical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four hour basis.

"Children's home" means one or more buildings used for the semipermanent twenty-four hour care of orphans or other children deprived of parental care, operated by a public agency or a philanthropic or charitable organization, but shall not include commercial enterprises operated by such organizations or a correctional institution.

"City" means the city of Brawley.

"City council" means the legislative body of the city of Brawley.

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

Club, Private. "Private club" means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or as one of the basic purposes of the club to render a service or facilitate the sale of a product customarily carried on as a for-profit or nonprofit commercial enterprise.

Cocktail Lounge. See "Bar."

"Code" means the Municipal Code of the city of Brawley.

"Coffee house" means any premises where coffee is sold at retail for consumption on the premises.

"Commercial center" means a group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site.

"Commission" means the planning commission of the city of Brawley.

"Communication equipment building" means a building housing operational mechanical or electronic switching equipment of a telephone or similar communication system, and personnel necessary for operation of such equipment.

"Conditional use" means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, development and operating conditions, or relation to the neighborhood, would not be detrimental to public health, safety, or general welfare.

"Condominium" means an estate in real property consisting of an undivided interest in common of a portion of a parcel of real property together with a separate interest in space in a residential, commercial or industrial building on such real property, such as an apartment, office or store.

"Contiguous" means the same as adjoining.

"Convalescent home" means the same as rest home.

"Convenience store" means a local retail store of small size that sells items generally necessary or desirable for everyday living, such as prepackaged food products, household items, and other goods.

"Council" means the city council of the city of Brawley.

"County" means the county of Imperial.

"Court" means an open, unoccupied space, bounded on two sides by the walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts.

"Crematorium" means a building with a furnace for cremating dead bodies.

(Ord. No. 2008-04 § 1.)

"Dairy" means any premises where three or more cows or goats, or any combination thereof equaling three or more animals, are kept or maintained for the purpose of producing milk.

Day Care Center. See "Family day care home."

"Density" means the number of dwelling units permitted per net acre of land.

"Detached living quarters" means the same as "Guest house."

"Duplex" means the same as "Two-family dwelling."

Dwelling, Multiple. "Multiple dwelling" means a building or portion thereof, designed for occupancy by two or more families living independently of each other, and containing two or more dwelling units.

Dwelling, One-Family. "One-family dwelling" means a detached building designed or used exclusively for occupancy by one family and containing one dwelling unit.

Dwelling, Two-Family. "Two-family dwelling" means a building designed or used exclusively for occupancy by two families and containing two dwelling units.

"Dwelling unit" means one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by one family for living and sleeping quarters, and containing only one kitchen.

(Ord. No. 2008-04 § 1.)

"Easement" means the right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

"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.

"Explosives" means any explosive substance, having a power equal to or greater than that of ordinary black powder, including, but not limited to, blasting caps, detonating, fulminating or electric caps, gun powder and dynamite, but shall not include fixed ammunition for small arms.

"Expressway" means a divided multilane major arterial street for through traffic with access and intersection control.

(Ord. No. 2008-04 § 1.)

"Family" means a person or persons, related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit. Family shall also include a group of not more than five persons, including roomers but not servants, unrelated by blood, marriage or adoption, when living together as a single housekeeping unit in a dwelling unit.

"Family day care home" means a home which regularly provides care, protection, and supervision of six or fewer children (small family day care home) or seven to twelve children (large family day care home), including children under the age of ten years who reside at the home, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away.

"Farm" or "farmland" (see also "Agriculture") means a parcel of land in one ownership that is used primarily for the commercial, soil-dependent or nonsoil-dependent cultivation of agricultural crop production and/or for the raising of livestock. The term "one ownership" shall include an individual, corporation, business trust, estate, trust, partnership, association, or two or more persons having a joint or common interest in the land.

"Flea market" means an occasional or periodic sales activity held for more than one day each week within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.

"Floor area" means the total enclosed horizontal area of all the floors of a building measured from the exterior surface of the outside walls of the enclosed area, including all floors below ground level but exclusive of vent shafts and courts.

"Floor area ratio" means the numerical value obtained through dividing the aboveground floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.

"Freeway" means a highway in respect to which the owners of adjoining lands have no right or easement of access to or from their adjoining lands, or in respect to which such owners have only limited or restricted right or easement of access and which is declared to be such in compliance with the Streets and Highway Code of the state of California, including principal roadways, interchange roadways connecting one freeway with another, and ingress and egress ramps connecting the freeway with other streets or highways, but not including frontage roadways.

"Funeral home" means a building or part thereof used for human funeral services. Such building may contain space and facilities for: (1) embalming and the performance of other services used in preparation of the dead for burial; (2) the performance of autopsies and other surgical procedures; (3) the storage of caskets, funeral urns, and other related funeral supplies; and (4) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

(Ord. No. 2008-04 § 1.)

"Garage" means any building, with not less than three enclosed sides, which is used or intended to be used for automobile shelter or storage.

"Geothermal" means having to do with heat generated in the interior of the earth.

"Glare" means a sensation of brightness within the visual field that causes annoyance, discomfort, or less in visual performance and visibility.

Grade, Ground-Level. "Ground-level grade" means the average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.

"Gradient" means 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.

"Granny flat" (see also "Second unit") means an attached or a detached residential dwelling unit on a parcel zoned for a single-family residence which provides complete independent living facilities for the sole occupancy of one or two adult persons who are sixty-two years of age or over, and the area of floor space of the attached dwelling unit does not exceed thirty percent of the existing living area or the area of the floor space of the detached dwelling unit does not exceed one thousand two hundred square feet.

"Guest house" means living quarters located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests or persons regularly employed on the premises. Such quarters shall have no kitchen and shall not be rented or otherwise used as a separate dwelling unit.

(Ord. No. 2008-04 § 1.)

"Halfway house" means a licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the State Department of Corrections.

"Handicapped" means a person determined to have a physical impairment or mental disorder expected to be of long or indefinite duration.

"Hazardous substances" means any substances or materials that by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

Height. See "Building height."

"Heliport" means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo, and includes any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters.

"Highway" means a freeway, major highway or secondary highway.

Highway, Major. "Major highway" means an expressway or prime arterial designated as such in the circulation element of the general plan of the city of Brawley.

Highway, Secondary. "Secondary highway" means a minor arterial, collector, secondary arterial, or local/industrial collector shown as such in the circulation element of the general plan of the city of Brawley.

"Hog ranch" means any premises where three or more weaned hogs are kept or maintained.

"Home occupation" means an occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

"Hospital" means an institution providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick and injured. Hospital includes sanitarium and sanatorium.

"Hotel" means any building or portion of any building with access provided through a common entrance, lobby or hallway to six or more guest rooms, having no cooking facilities, and which rooms are designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for quests.

Hotel, Extended Stay. "Extended stay hotel" means any building or portion of any building with access provided through a common entrance, lobby or hallway to six or more guest rooms, with cooking facilities, and which rooms are designed, intended to be used or are used, rented or hired out as extended or temporary accommodations for quests. Guests shall not be permitted to stay for more than ninety consecutive days without vacating the hotel for ninety consecutive days.

"Household pet" means any domesticated animal commonly maintained in residence with a person or family.

(Ord. No. 2008-04 § 1.)

"Industrial center" means a group of industrial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site.

"Industrial park" means a planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.

Industry, Heavy. "Heavy industry" means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, Light. "Light industry" means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products, or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

(Ord. No. 2008-04 § 1.)

"Junk and salvage yard" means any premises on which any portion is used for the keeping or storage of junk for future sale or barter, 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. Junk and salvage yard shall also include the baling of cardboard, cardboard boxes, paper and paper cartons.

(Ord. No. 2008-04 § 1.)

"Kitchen" means any space within a building designed, intended to be used or used for the cooking or the preparation of food.

(Ord. No. 2008-04 § 1.)

"Land reclamation project" means a project established to restore otherwise unsuitable land to useful purposes through the use of fill materials such as rubbish, waste, soil and other unwanted materials. Land reclamation project includes a dump or waste disposal facility.

"Landscaping" means the planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers or lawns. In addition, the combination or design may include natural features, such as rock and stone and structural features, including, but not limited to, fountains, reflecting pools, art works, screens, walls, fences and benches.

"Lot" means:

1.

A parcel of real property which is shown as a lot in a subdivision recorded as a final map with a number or other designation, on a plat recorded in the office of the county recorder of Imperial County;

2.

A parcel of land, the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the state of California, in the office of the county recorder of Imperial County; or

3.

A parcel of land registered under the Land Title Law (Torrens Title), and held under separate ownership from adjacent property on the effective date of the zoning ordinance codified in this chapter.

"Lot area" means the total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land.

Lot, Corner. "Corner lot" means a lot or parcel of land situated at the intersection of two or more streets and/or highways, which streets or highways have an angle of intersection, measured within said lot or parcel of land, of not more than one hundred thirty-five degrees.

"Lot coverage" means the area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.

"Lot depth" means the horizontal distance measured between the midpoints of the front and rear lot lines.

Lot, Interior. "Interior lot" means a lot or parcel of land other than a corner lot.

Lot, Key. "Key lot" means an interior lot adjoining the rear lot line of a reversed corner lot.

Lot Line, Front. "Front lot line" means a line separating an interior lot from a street or highway, or a line separating the narrower street frontage of a corner lot from the street or highway.

Lot Line, Rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot, the rear lot line shall mean a line ten feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line.

Lot Line, Side. "Side lot line" means any lot boundary line which is not front lot line or a rear lot line.

Lot, Reversed Corner. "Reversed corner lot" means a corner lot, the side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of said corner lot.

Lot, Through. "Through lot" means an interior lot having a frontage on two streets and/or highways.

"Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance midway between the front and rear lot lines.

(Ord. No. 2008-04 § 1.)

"Manufactured housing" (see also "Mobilehome") means a factory-built, single-family structure that is manufactured under the authority of 42 U.S. Code section 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

"Medical clinic" means any facility providing physical or mental health service and medical or surgical care of the sick or injured, but shall not include inpatient or overnight accommodations. Medical clinic includes health center, health clinic and doctors' offices.

"Mobilehome" means a residential dwelling unit at least twelve feet in width and designed to be movable on its own wheels and capable of being placed either on a permanent foundation or on other approved supports.

"Mobilehome park" means any lot or parcel of land where mobilehome spaces are rented or leased for the placement of two or more mobilehomes, regardless of whether or not a charge is made for such accommodations.

"Mobilehome subdivision" means a subdivision of land with lots or parcels created for the purpose of locating individual mobilehomes on each lot or parcel.

"Motel" means one or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court. Such facilities 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. Motel includes auto courts, motor lodges, tourist courts and motor hotels.

"Motorhome" means a self-propelled vehicle, designed or used for human habitation, and constructed to travel on public thoroughfares in accordance with the Vehicle Code of the state of California.

"Motor vehicle" means 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.

(Ord. No. 2008-04 § 1.)

"Nonconforming structures" means any structure or improvement that was lawfully established and in compliance with all applicable ordinances and laws at the time the ordinance codified in this zoning ordinance or any amendment thereto became effective, but which, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

"Nonconforming use" means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this zoning ordinance or any amendment thereof became effective, but which, due to the application of this zoning ordinance or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.

"Nursery school" means a school providing day care for pre-elementary school age children.

(Ord. No. 2008-04 § 1.)

"Open space" means an area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, stormwater retention basins and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.

Open Space, Common. "Common open space" means open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.

Open Space, Private. "Private open space" means an open space area held in private ownership, the use of which is normally limited to the occupant of a single dwelling unit or building.

"Ordinance" means an ordinance of the city of Brawley.

"Outdoor advertising" or "billboard" means the use of a sign or signs soliciting public support or directing public attention to the sale, lease, hire or use of any objects, products, services or functions which are not produced, sold or otherwise available on the premises where such sign is erected or maintained.

"Outdoor seating" means an area directly adjacent to a building which includes seating for patrons or other persons using the building.

(Ord. No. 2008-04 § 1.)

"Parcel of land" means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant or person.

"Parking space" means an area of not less than one hundred eighty square feet (or 112.5 square feet for compact car spaces), designed for the parking of one motor vehicle, that has access from a public street or alley.

Parking Space, Handicapped. "Handicapped parking space" means a parking space designated specifically for vehicles driven by the handicapped with dimensions conforming to Uniform Building Code requirements for a handicapped parking space.

"Parkway" means a parkway designed as such in the circulation element of the general plan of the county of Imperial, or in the city of Brawley general plan circulation element.

"Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, political subdivision, foreign country or any other group of combination acting as a unit.

"Pet" means an animal that is tamed or domesticated and kept as a companion or treated with fondness.

"Petroleum bulk plant" means any premises used for the wholesale distribution and storage of gasoline, oil or petroleum products, but shall not include the storage of liquid petroleum gas, a tank farm, or be connected to a pipe constituting, in effect, a petroleum terminal.

"Planning agency" means an entity or entities, such as the planning commission and the planning director identified by the city council of the city of Brawley assigned with responsibility to carry out the planning functions of the city of Brawley.

"Planning commission" means a group of at least seven individuals appointed by the city council of the city of Brawley to carry out specific planning functions prescribed by city of Brawley ordinance(s).

"Planning director" means the director of planning for the city of Brawley.

"Project" means the entire parcel of real property, including all structures and improvements thereon, for which any part is proposed to undergo a change in use or physical improvement, including demolition or construction of structures, grading, paving or other substantial change.

"Public utility service center" means any buildings or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility, including microwave repeater stations when incorporated as a part of the service yard use.

(Ord. No. 2008-04 § 1.)

"Quarry" means any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material is removed by excavation or otherwise. Quarry shall include mining operations for the removal of ores, precious stones, or other solid materials.

(Ord. No. 2008-04 § 1.)

"Recreational/entertainment center" means a building or part of a building devoted to recreational activities, including video games, pinball machines, table games, and other similar forms of entertainment.

"Recreational vehicle" means a travel trailer, motorhome or truck camper and is a vehicle designed to be operated or towed on public thoroughfares in accordance with the provisions of the State Vehicle Code.

"Recreational vehicle park" means a lot or parcel where two or more recreational vehicles are stored or occupied as temporary residences, regardless of whether or not a charge is made for such accommodations.

"Residence" means one or more rooms designed, used or intended to be used as permanent living quarters for a family and not as temporary or overnight accommodations.

"Rest home" means a home offering or providing lodging, meals, nursing, dietary or other personal services to convalescents, invalids or aged persons but does not include surgery or the care of persons with contagious or communicable diseases. Rest home includes convalescent home and home for the aged.

"Right-of-way" means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.

"Room" means a habitable undivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.

Room, Guest. "Guest room" means one room which does not contain cooking facilities and is designed, used or intended to be used as temporary sleeping accommodations for any person.

"Roominghouse" and "boardinghouse" mean a lodging house, or other building or structure maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole, or any part of the public whether with or without meals. Roominghouse includes fraternity and sorority houses.

(Ord. No. 2008-04 § 1.)

"Sanitarium" and "sanatorium" mean the same as "Hospital."

"Second unit" (see also "Granny flat") means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. A second unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.

"Service station" means any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

"Setback" means the required minimum horizontal distance between the building line and the related front, side, or rear property line.

"Shopping center" means a group of three or more commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. Story includes a basement, but not a cellar (see definitions under "Basement" and "Cellar").

Story, Half. "Half story" means a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.

"Street" means a public or private right-of-way, other than a parkway, major or secondary highway, freeway, or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.

"Structure" means anything constructed or erected which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.

Structure, Advertising. "Advertising structure" means a structure existing, erected or maintained to serve exclusively as a stand, frame or background for the support or display of signs.

"Supportive housing" means housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after-school tutoring, child care, and career counseling.

(Ord. No. 2008-04 § 1.)

(Ord. No. 2013-04, § 1, 11-5-2013)

"Trailer" means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle. Trailer includes semitrailers.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

(Ord. No. 2008-04 § 1.)

(Ord. No. 2013-04, § 2, 11-5-2013)

"Use" means construction, establishment, maintenance, alteration, moving onto, enlargement, operation or occupancy.

(Ord. No. 2008-04 § 1.)

"Variance" means a legal exception to the zoning ordinance granted to a person whose property, due to unusual size, shape, topography, location or surroundings would be denied privileges enjoyed by other properties in the vicinity if the zoning ordinance provisions were strictly interpreted. A variance runs with the property and it normally transfers to a new owner upon sale or transfer of real property. A variance cannot be granted for property which authorizes a use or activity which is not otherwise expressly authorized by city of Brawley zoning regulations governing the property.

(Ord. No. 2008-04 § 1.)

"Writing" means any form of message recorded in English and capable of visual comprehension.

(Ord. No. 2008-04 § 1.)

No definitions.

(Ord. No. 2008-04 § 1.)

"Yard" means an open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.

Yard, Front. "Front yard" means a yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line of a fully widened street or highway, or the ultimate street line of a partially widened street or highway, and a line parallel thereto on the lot or parcel of land.

Yard, Rear. "Rear yard" means a yard extending across the full width of the lot parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.

Yard, Side. "Side yard" means a yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard shall be a specified horizontal distance between the side lot line on the street or highway side, here said lot line is coterminous with the street line of a fully widened street or highway, or the ultimate street line of a partially widened street or highway, and a line parallel thereto on the lot or parcel of land.

(Ord. No. 2008-04 § 1.)

"Zero lot line" means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

(Ord. No. 2008-04 § 1.)