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City Of Industry City Zoning Code

CHAPTER 17

08 DEFINITIONS

§ 17.08.003 Accessory dwelling unit.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated, and also includes, but is not limited to, the following:
A. 
An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
B. 
Manufactured housing.
(Ord. 829, 3/28/2024)

§ 17.08.005 Adult business.

"Adult business" means:
A. 
Any business conducted for the entertainment of adults, engaged in the selling, renting or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business that as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting, or displaying sexually oriented devices intended for use in the specified sexual activities.
B. 
A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, newspaper, pamphlet, film, video or other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives fifty percent or more of the gross revenue from, or devotes twenty-five percent or more of the stock on hand or twenty-five percent or more of the gross floor area to such activity, is presumed to be engaging in "substantial or significant" conduct with respect to such activity.
C. 
Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or is shown specified sexual activities or exhibits or engages in partial or total nudity or otherwise exposes specified anatomical areas. Included in this definition is any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed. Specified anatomical areas include any of the following, whether actual or simulated:
1. 
Less than completely and opaquely covered:
a. 
Human genitals or pubic region,
b. 
Buttock, and
c. 
Female breast below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities include any of the following:
a. 
Actual or simulated sexual intercourse, anal intercourse, oral or anal copulation, bestiality, pedophilia, necrophilia, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of sexual relationships, or
b. 
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence, or
c. 
Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation, or
d. 
Fondling or touching of nude human genitals, pubic region, buttocks or female breast, or
e. 
Masochism, erotic or sexually oriented torture, beating or the infliction of pain, or
f. 
Erotic or lewd touching, fondling or other contact with an animal by a human being, or
g. 
Human erection, urination, menstruation, vaginal or anal irrigation.
(Ord. 626 § 1, 1996; Ord. 771 § 3, 2012)

§ 17.08.007 Alcohol service.

"Alcohol service" means the sale and provision of alcohol for on-site consumption. Alcohol service is only permitted as an ancillary use to the main business in the city of Industry. See also Section 17.08.025, Bar and cocktail lounge.
(Ord. 771 § 3, 2012)

§ 17.08.008 Ancillary use.

"Ancillary use" means an approved use that is a minor but integral part of the primary, approved use of the property.
(Ord. 771 § 3, 2012)

§ 17.08.009 Approved use.

"Approved use" means any land use or business that has been legally established through approval of a use permit per Chapter 17.44 or a conditional use permit per Chapter 17.48 of the municipal code.
(Ord. 771 § 3, 2012)

§ 17.08.010 Article.

"Article" means an article of this title unless some other ordinance or statute is mentioned.
(Ord. 178 § 121, 1961; Ord. 771 § 3, 2012)

§ 17.08.015 Automobile.

"Automobile" means a passenger vehicle, as that term is defined in Section 465 of the California Vehicle Code, except that the term "automobile" shall also include any motor truck, as that term is defined by Section 410 of the California Vehicle Code, which has an unladen weight of less than twelve thousand pounds.
(Ord. 542 § 3, 1987; Ord. 771 § 3, 2012)

§ 17.08.020 Automobile storage space.

"Automobile storage space" when required by this title means any permanently maintained space not less than one hundred forty-four square feet in area on the same lot or parcel of land as is located the structure which it is designed to serve, so located and arranged as to permit the storage of, and be readily accessible under its own power to, a passenger automobile of average size.
(Ord. 178 § 122, 1961; Ord. 771 § 3, 2012)

§ 17.08.025 Bar and cocktail lounge.

"Bar and cocktail lounge" is a business establishment where the primary function is serving alcoholic drinks—beer, wine, liquor, and cocktails—for consumption on the premises. Bartenders are employed to prepare and serve alcoholic drinks. Bars and cocktail lounges are not permitted in the city. A bar may be included as an ancillary use in a full service restaurant with approval of a conditional use permit as long the bar area, including bar stools, does not exceed thirty percent of the total floor area of the business. A business where the floor area of a fixed bar area, including bar stools, is greater than thirty percent of the total floor area of the restaurant is considered a bar and cocktail lounge. See also Section 17.08.007, Alcohol service.
(Ord. 771 § 3, 2012)

§ 17.08.030 Building.

"Building" is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
(Ord. 178 § 123, 1961; Ord. 771 § 3, 2012)

§ 17.08.040 Chapter.

"Chapter" means a chapter of this title unless some other ordinance or statute is mentioned.
(Ord. 178 § 124, 1961; Ord. 771 § 3, 2012)

§ 17.08.045 Collectible mall.

"Collectible mall" is a retail use where two or more businesses under separate ownership are located within a single building with a minimum footprint of one hundred thousand square-feet, for the sale of items that are suitable for collection, originally a work of fine art, antique, or traditionally collected as a hobby, for display, or as an investment that may appreciate in value, including sports memorabilia, music memorabilia, film and television memorabilia, retro video games, comic books, and popular culture merchandise such as toys, action figures, art, anime, board and card games, or other substantially similar items as determined by the planning department.
(Ord. 806 § 4, 2019)

§ 17.08.050 Commission.

"Commission" means the planning commission of the city.
(Ord. 178 § 125, 1961; Ord. 771 § 3, 2012)

§ 17.08.060 Dairy.

"Dairy" means any premises where three or more cows, three or more goats, one or more cows and two or more goats, or two or more cows and one or more goats are kept, milked, or maintained.
(Ord. 178 § 127, 1961; Ord. 771 § 3, 2012)

§ 17.08.065 Dancing club.

"Dancing club" means any club or association of persons which conducts dances for its members or bona fide guests, other than dances at which members of the public are admitted.
(Ord. 651 § 4, 2000; Ord. 771 § 3, 2012)

§ 17.08.067 Dancing school.

"Dancing school" means any school, class or classes wherein dancing is the principal subject taught.
(Ord. 651 § 5, 2000; Ord. 771 § 3, 2012)

§ 17.08.068 Disability.

"Disability" means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)).
(Ord. 826, 1/25/2024)

§ 17.08.070 Domestic animal.

"Domestic animal" is an animal which is commonly maintained in residence with man.
(Ord. 178 § 128, 1961; Ord. 771 § 3, 2012)

§ 17.08.080 Dwelling unit.

"Dwelling unit" means a building or a portion thereof either designed or used as living quarters of one person living alone or a group of two or more persons living together whether related to each other by birth or not.
(Ord. 178 § 129, 1961; Ord. 771 § 3, 2012)

§ 17.08.082 Emergency homeless shelter.

"Emergency homeless shelter" means housing with minimal supportive services operated by a provider that provides temporary accommodations to homeless persons. The term "temporary accommodations" means that a person or family will be allowed to reside at the shelter for a time period not to exceed six months. For purpose of this definition, a "provider" means a government agency or private non-profit organization that provides or contracts with recognized community organizations to provide emergency or temporary shelter, and which may also provide meals, counseling and other services, as well as common areas for residents of the facility. Such a facility may have individual rooms, but is not developed with individual dwelling units.
(Ord. 787 § 3, 2015)

§ 17.08.083 Emergency homeless shelter.

"Emergency homeless 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. For purposes of this title, "emergency shelter" shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(Ord. 830, 4/25/2024)

§ 17.08.084 Employee housing.

"Employee housing" means housing provided for six or fewer employees and meets the requirements of Health and Safety Code Section 17008.
(Ord. 830, 4/25/2024)

§ 17.08.085 Entertainment.

"Entertainment" means any act, play, revue, pantomime, scene, live music, song, dance act, or song and dance act, participated in by one or more employees, guests, customers, or any other person or persons. "Entertainment" does not include the playing of mechanical or recorded music alone.
(Ord. 651 § 6, 2000; Ord. 771 § 3, 2012)

§ 17.08.090 Front yard setback.

"Front yard setback" means a yard extending across the front of a lot measured between the side yard lines and being the minimum horizontal distance between the highway line and the main building and any projection thereof other than steps, and porches permitted within a front yard setback by Sections 17.32.010 through 17.32.030. On corner lots the council shall determine which is the front yard. In the absence of such determination, the front yard shall be provided on the highway upon which the front of the building faces.
(Ord. 178 § 130, 1961; Ord. 545 § 2, 1988; Ord. 771 § 3, 2012)

§ 17.08.095 Industrial building.

"Industrial building" means any structure built for the support, shelter or enclosure of persons, chattels or property of any kind and used for any use listed in Chapter 17.16 of this code.
(Ord. 633 § 6, 1998; Ord. 771 § 3, 2012)

§ 17.08.095.5 Junior accessory dwelling unit.

"Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling.
(Ord. 829, 3/28/2024)

§ 17.08.096 Low-barrier navigation center.

"Low-barrier navigation center" 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.
(Ord. 830, 4/25/2024)

§ 17.08.097 Manufactured housing.

"Manufactured housing" means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Section 5401 et seq.).
(Ord. 830, 4/25/2024)

§ 17.08.098 Miniwarehouse/self-storage facility.

"Miniwarehouse/self-storage facility" means any conditionally permitted development on a parcel in the "M" industrial zone designed and used for the renting or leasing of multiple small, individual, storage spaces to tenants who have access to such spaces for the purpose of storing personal property. A miniwarehouse/self-storage facility is subject to the special industrial development standards set forth in Section 17.16.026(A) of this code.
(Ord. 698 § 3, 2004; Ord. 771 § 3, 2012)

§ 17.08.099 Mobile home.

"Mobile home" means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected onsite, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Mobilehome" includes any structure that meets all the requirements of this section and complies with the state standards for mobilehomes in effect at the time of construction. "Mobilehome" does not include a commercial modular, as defined in state of California Health and Safety Code Section 18001.8, factory-built housing, as defined in state of California Health and Safety Code Section 19971, a manufactured home, as defined in state of California Health and Safety Code Section 18007, a multifamily manufactured home, as defined in state of California Health and Safety Code Section 18008.7, or a recreational vehicle, as defined in state of California Health and Safety Code Section 18010.
(Ord. 830, 4/25/2024)

§ 17.08.100 Parcel of land.

"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.
(Ord. 178 § 134, 1961; Ord. 771 § 3, 2012)

§ 17.08.110 Person.

"Person" means any individual, firm, copartnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other municipality, county, school district, district or other political subdivision, or any other group or combination acting as a unit.
(Ord. 178 § 135, 1961; Ord. 771 § 3, 2012)

§ 17.08.112 Public transit.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(Ord. 829, 3/28/2024)

§ 17.08.120 Required area.

As used in this title, "required area" means:
A. 
The area of a lot which is shown as part of a subdivision recorded as a final map or filed as a record of survey map in accordance with law, except that where a parcel which otherwise would have been shown as one lot, is divided into two or more lots because of a city boundary line, in which case "required area" means the area of such parcel; or
B. 
The area of a lot, or parcel of land the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has a right of possession of any contiguous parcel of property; provided, that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the city council of the ordinance, which imposes the area requirements upon such lot or parcel of land.
(Ord. 178 § 136, 1961; Ord. 771 § 3, 2012)

§ 17.08.125 Residence.

"Residence" means a building designed as living quarters for persons doing their own cooking in such building.
(Ord. 178 § 137, 1961; Ord. 771 § 3, 2012; Ord. 797 § 3, 2015)

§ 17.08.127 Residential care, general.

"Residential care, general" means twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the state of California.
(Ord. 787 § 3, 2015)

§ 17.08.129 Residential care, limited.

"Residential care, limited" means twenty-four-hour, non-medical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the state of California. A residential facility serving six or fewer persons is considered a residential dwelling and is permitted, conditionally permitted, or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.
(Ord. 787 § 3, 2015)

§ 17.08.132 Restaurant-Fast-food.

"Restaurant—Fast-food" means a restaurant where food is ordered at a counter from a limited menu, which is usually located on a wall. Food is typically prepared in bulk, cooked in advance, kept hot, and finished and packaged to order. Fast-food restaurants do not have waiters or waitresses and offer only limited table service, usually to clean off tables. Food is available for take-out though seating may be provided. Fast-food restaurants may serve beer and wine for consumption on the premises with approval of a conditional use permit but may not have bar areas, bartenders, or serve mixed drinks.
(Ord. 771 § 3, 2012)

§ 17.08.133 Restaurant-Full service.

"Restaurant—Full service" means a restaurant in which waiters or waitresses take food and drink orders from customers at their tables from a menu containing an assortment of foods prepared and cooked on the premises by chefs in a professional kitchen, which contains freezers, stoves, ovens, food preparation areas, and dishwashing equipment. A full service restaurant may include a bar as an ancillary use with approval of a conditional use permit as long as the bar area, including bar stools, does not exceed thirty percent of the total floor area of the business.
(Ord. 771 § 3, 2012)

§ 17.08.135 Retail store.

"Retail store" means any store, shop, or business where the legal retail sale of merchandise not specifically listed under another use classification is made to members of the general public.
(Ord. 542 § 3, 1987; Ord. 771 § 3, 2012)

§ 17.08.140 Section.

"Section" means a section of this title unless some other ordinance or statute is mentioned.
(Ord. 178 § 138, 1961; Ord. 771 § 3, 2012)

§ 17.08.141 Single room occupancy housing.

"Single room occupancy housing" means an efficiency unit with a minimum floor area of one hundred fifty square feet and a maximum floor area of four hundred square feet located in a residential hotel, as that term is defined in accordance with California Health and Safety Code Section 50519, that is offered for occupancy by tenants for at least thirty consecutive days.
(Ord. 830, 4/25/2024])

§ 17.08.142 Solid waste.

"Solid waste" has the same meaning as set forth in Division 30, Part One, Chapter Two, of the Public Resources Code.
(Ord. 636 § 1, 1998; Ord. 771 § 3, 2012)

§ 17.08.144 Solid waste handling facility.

"Solid waste handling facility" means a facility whose primary purpose is to collect, package, transfer, store or segregate solid wastes. Solid waste handling facility does not include transformation or disposal facilities as defined in Division 30, Part One, Chapter Two of the Public Resources Code.
(Ord. 636 § 2, 1998; Ord. 771 § 3, 2012)

§ 17.08.150 Stand.

"Stand" means a structure for the display and sale of products with no space for customers within the structure itself.
(Ord. 178 § 140, 1961; Ord. 771 § 3, 2012)

§ 17.08.152 Supportive housing.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. The "target population" is as defined in Government Code Section 65582(i).
(Ord. 787 § 3, 2015; Ord. 830, 4/25/2024)

§ 17.08.157 Transitional housing.

"Transitional housing" is defined in the Health and Safety Code Section 50675.2. Transitional housing is permitted, conditionally permitted, or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.
(Ord. 787 § 3, 2015)

§ 17.08.160 Use.

"Use" includes construction, establishment, maintenance, alteration, moving onto, enlargement and occupation. Wherever this title prohibits the "use" of any premises for any purpose, such premises and any building, structure, or improvement on such premises, shall not be used, occupied, altered or improved for such purpose, and no building, structure, or improvement on such premises shall be erected, constructed, established, allowed to remain, altered, moved onto, or enlarged which is designed, arranged, or intended to be occupied or used for such purpose.
(Ord. 178 § 141, 1961; Ord. 771 § 3, 2012)