Zoneomics Logo
search icon

Dana Point City Zoning Code

CHAPTER 9

75 DEFINITIONS AND ILLUSTRATIONS OF TERMS

§ 9.75.010 "A" Definitions and Illustrations.

Abandoned —
the cessation of use and maintenance of a property by the owner thereof with no intention of resuming the use of the property. Vacant properties offered for sale or rental, but effectively maintained in an orderly manner shall not be construed to be abandoned.
Abutting land —
a parcel of land having a common boundary with another parcel of land including parcels which have no common boundary other than a common corner.
Accessory building or structure —
a building or structure which is incidental to the principal structure, and not designed for human habitation. Such structures may be attached to or detached from the primary structure. Typical accessory buildings or structures would include garages, gazebos, workshops, sheds and patios.
Accessory living quarters —
See Section 9.75.270.
Accessory use —
a use of a portion of land or building which is customarily and clearly incidental and subordinate to the principal use of the land or building which is located on the same lot as such principal use. Accessory uses typically are very small in proportion to the principal use and associated structures exceed six feet in height.
Acreage, gross —
the total land area within a defined lot or parcel of land before the exclusion of public rights-of-way, public parks and public school sites.
Acreage, net —
the total area of a site or lot minus any and all required dedications for public streets and rights-of-way, public parks, school sites, and other facilities.
Action —
the decision made by the review authority on a land use application, including appropriate findings, environmental determination and conditions of approval, where applicable.
Addition —
any construction that is attached to an existing building or facility and which increases the size or capacity of a building or facility in terms of site coverage, height, length, width, or gross floor area.
Adult bookstore —
See Section 9.75.270.
Adult business —
See Section 9.75.270.
Adult cabaret —
See Section 9.75.270.
Adult day care facility —
See Section 9.75.270.
Adult day health care —
See Section 9.75.270.
Adult day health center —
See Section 9.75.270.
Adult hotel motel —
See Section 9.75.270.
Adult modeling studio —
See Section 9.75.270.
Adult picture arcade —
See Section 9.75.270.
Adult theater —
See Section 9.75.270.
Affordable housing —
housing which is rented or sold for an amount that is limited by a set percentage of the County median income, adjusted for family size, as reported and updated annually by the Department of Housing and Community Development (HCD). Affordable housing is divided into three categories — Very Low, Low, and Moderate defined as follows:
Very low —
Housing which rents for an amount not exceeding 30% of the total monthly household income for a very low income household; or housing with a total purchase price not exceeding 21/2 times the annual household income for a very low income household. A very low income household is defined as a household with an annual income of not more than 50% of the County median income.
Low —
Housing which rents for an amount not exceeding 30% of the total monthly household income for a low income household; or housing with a total purchase price not exceeding 21/2 times the annual household income for a low income household. A low income household is defined as a household with an annual income of not more than 80% of the County median income.
Moderate —
Housing which rents for an amount not exceeding 30% of the total monthly household income for a moderate income household; or housing with total purchase price not exceeding two and one-half (2½) times the annual household income for a moderate income household. A moderate income household is defined as a household with an income of not more than 120% of the County median income.
Agent —
any person authorized to act for the owner of a property by virtue of a notarized statement of authorization, a proof of contract to purchase, or a lease to the property.
Aggrieved person —
any person who, in person or through a representative, appeared at a public hearing of the Coastal Commission or City of Dana Point in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the Coastal Commission or City of Dana Point of the nature of his or her concerns or who for good cause was unable to do either. "Aggrieved person" includes the applicant for a permit and, in the case of an approval of a local coastal program for the City of Dana Point, the City of Dana Point. (Coastal Act/30801).
Alcoholic beverage outlet, off sale —
See Section 9.75.270.
Alcoholic beverage outlet, on sale —
See Section 9.75.270.
Alley —
a narrow vehicular service way, either public or private, which provides a permanently reserved means of vehicular access to a private or public property. Alleys are typically located along rear property.
Alteration —
any change or rearrangement in the supporting members of an existing building, structure, or improvement such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or change in the exterior appearance of any building or structure, or the moving of a building or structure from one location to another.
Alteration, structural —
any change in the supporting members of a structure such as bearing walls, partitions, columns, beams or girders, floor joists or roof joists, roof rafters, foundations, piles, or similar components.
Amateur radio antenna —
any antenna used to receive and/or transmit radio signals on the amateur radio band, as designated by the Federal Communications Commission.
Amenity —
a natural or man-made feature which provides a visual or recreational enhancement for a particular property.
Animal —
unless otherwise stated for a specific situation, "animal" includes birds, fish, mammals, and reptiles.
Animal hospital —
See Section 9.75.270.
Animal shelter —
See Section 9.75.270.
Antenna —
an electronic device comprised of one or more integrated elements which receives and transmits radio waves to provide commercial and non-commercial wireless telecommunication services.
Antenna facility —
see "Commercial Wireless Telecommunication Antenna Facility."
Antenna use permit —
a discretionary land use permit specifically for the entitlement of commercial wireless telecommunication antenna facilities within the City of Dana Point.
Apartment —
two or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than two dwelling units for rent.
Apartment building —
a structure containing two or more apartment units which is intended for rental purposes.
Appeal in the floodplain districts —
a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for an exemption.
Appealable development, coastal —
The following types of development may be appealed to the Coastal Commission pursuant to procedures described in Section 9.69.090:
(1) 
Developments approved by the City of Dana Point between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.
(2) 
Developments approved by the City of Dana Point not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, within 300 feet of the top of the seaward face of any coastal bluff.
(3) 
Developments approved by City of Dana Point not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
(4) 
Any development which constitutes a major public works project or a major energy facility, as defined in Section 9.75.130 of this Zoning Code. (Coastal Act/30603(a)).
Appealable development —
any Coastal Development Permit application that may be appealed to the California Coastal Commission pursuant to the Coastal Act of 1976, as amended. (Coastal)
Applicant —
the owner(s) or lessee(s) of property, or their authorized agents, or person(s) who have contracted to purchase property contingent upon their ability to obtain the required entitlements, who requests in writing and on the appropriate forms, the approval of a permit, license, certificate, or other entitlement from the City.
Applicant, coastal —
the person, trust, partnership, corporation, other legal entity, or state or local government agency or special district applying for a coastal development permit. (Coastal).
Application —
the form and information fees submitted by an applicant for purposes of requesting an entitlement from a public agency.
Aquaculture —
a form of agriculture that is devoted to the controlled growing and harvesting of fish, shellfish, and plants in marine, brackish, and freshwater. (Coastal Act/30100.2).
Area of shallow flooding —
any area designated AO, AH or VO Zone on the Flood Insurance Rate Map (FIRM). In such zones, the base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
Area of special flood-related erosion hazard —
the area subject to severe flood-related erosion losses. The area is designated as Zone E on the Flood Insurance Rate Map (FIRM).
Area of special flood hazard —
an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, VO, V1-V30, VE, or V.
Area of special mudslide (i.e., mudflow) hazard —
the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).
Athletic field —
See Section 9.75.270.
Automobile wrecking —
See Section 9.75.270.
Awning —
a roof-like cover that is attached to, and projects from, the wall of a building for the purpose of shielding from the elements.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98; Ord. 03-07, 4/9/03; Ord. 11-02, 2/28/11)

§ 9.75.020 "B" Definitions and Illustrations.

Balcony —
a platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet.
Base flood —
the flood having a 1% chance of being equaled or exceeded in any given year (also called the 100-year flood).
Basement —
living or storage area which is constructed wholly underground, meaning below the exterior finished grade on all sides, with no more than 20% percent of the lineal footage of the exterior wall broken by light wells, no light well wider than four feet and no light well within six feet of another light well. An exception to these provisions, subject to a Minor Site Development Permit, would allow adequate daylighting of one wall to provide vehicular ingress and egress, would permit subterranean residential garages to be considered as a basement for the Ritz Cove (PRD 4) area only. Any structural area meeting this definition shall not be considered a story.
Basement in the floodplain overlay districts —
the area of the building having its floor subgrade (below ground level on all sides).
Bay window —
a window or group of windows projecting from a room.
Beach —
a sandy or gravelly portion of land along the edge of the ocean.
Bed and breakfast inn —
See Section 9.75.270.
Bedroom —
any habitable room other than a bathroom, kitchen, dining room or living room.
Berm —
a mound of earth, usually two to six feet in height.
Bicycle lane (Class II facility) —
a corridor expressly reserved for bicycles, existing on a street or roadway in addition to any lanes for use by motorized vehicles.
Bicycle path (Class I facility) —
a paved path not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping.
Bicycle route (Class III facility) —
a facility shared with motorists and identified only by signs, a bicycle route has no pavement markings or lane stripes.
Bikeway —
a term that encompasses bicycle lanes, bicycle paths, and bicycle routes.
Block —
a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity to development.
Bluff —
see "Coastal Bluff."
Body or hearing body —
the individual or group duly authorized by this Code to take action, grant changes to, relief from, or special consideration under this Code.
Body painting studio —
See Section 9.75.270.
Breakaway wall —
any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building materials which are not part of the structural support of the building and which are designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. Breakaway walls shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
(a) 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(b) 
The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
Buffer area —
an area of land separating two distinct land uses that acts to soften or mitigate the effects of one land use on the other, generally located on the site of the offending land use.
Building —
any structure used or intended for supporting or sheltering any use or occupancy.
Building height, non-residential —
the vertical distance, measured from the interior of the building, by which a building extends above the existing grade, finished grade, finished pad elevation (excluding subterranean parking structure finished pad elevation), ceiling of uppermost level of subterranean parking structure, or 18 inches above the flood protection level, whichever is lower, to the top of the roof. Refer to Section 9.05.110 for clarification.
Building height, residential —
the vertical distance, measured from the interior of the building, by which a building extends above the existing grade, finished pad elevation (excluding basement finished pad elevation), ceiling of a maximum 10 foot high basement, or 18 inches above the flood protection level, whichever is lower, to the top of the roof. Refer to Section 9.05.110 for clarification.
Building, historic —
a building listed individually on the National Register of Historic Places by a State or County agency charged with recognition or preservation of historic structures, or by resolution of the City Council as having significant local or regional historical importance and value to the community.
Building pad —
the level area of a lot designed for the construction of buildings and structures.
Building, primary —
a building within which the principal use or occupancy of a site is conducted.
Building site —
a lot or contiguous lots of land which provides the area and open spaces required for construction of a building or buildings, and which abuts a public or private street, alley or easement.
Bus turnout —
a paved indentation in the curb of a roadway designed to allow buses to pull off to the side and stop while picking up and dropping off passengers.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 96-10, 8/13/96; Ord. 97-05, 9/9/97; Ord. 03-07, 4/9/03)

§ 9.75.030 "C" Definitions and Illustrations.

California Coastal Act (or) Coastal Act —
the California Coastal Act of 1976, Division 20 of the Public Resources Code (commencing with Section 30000), as amended.
Camp, public —
See Section 9.75.270.
Caretaker's residence —
See Section 9.75.270.
Cemetery —
See Section 9.75.270.
Carport —
a roofed structure providing space for the parking or storage of motor vehicles and enclosed on less than four sides.
Carrier —
a commercial enterprise licensed by the Federal Communications Commission to provide wireless telecommunication services.
Cellar —
see "Basement."
Centerline —
the centerline of a street as referred to in this Code shall mean the right-of-way centerline as established by the County Engineer of the County, by the Director of Public Works of the City, or by the State Division of Highways of the State; in any case in which the foregoing definition is not applicable, the Planning Commission shall designate the centerline.
Certificate of occupancy —
a document issued to allow a building to be occupied or used and certifying that the building or structure has been constructed, or will be used, in compliance with all the applicable municipal codes and ordinances.
Certified Coastal Land Use Plan —
a land use plan which has been effectively certified by the Coastal Commission pursuant to Section 30512 of the Coastal Act as amended. (See definition of "Land Use Plan (LUP amendment), Coastal" in Section 9.75.120 of this Zoning Code). (Coastal).
Certified Local Coastal Program (LCP) —
a local coastal program which has been effectively certified by the California Coastal Commission pursuant to Section 30512 and 30513 of the Coastal Act as amended. (See definition of "Local Coastal Program" in Section 9.75.120 of this Zoning Code). (Coastal).
Chapter Three policies or Chapter 3 policies —
those policies of the Coastal Act contained in Chapter Three, commencing with Section 30200, which constitute the standards by which the adequacy of local coastal programs and the permissibility of proposed development subject to the provisions of the Coastal Act is determined.
Child day care facility —
See Section 9.75.270.
Chimney —
a vertical masonry structure extending vertically above the roof of a building for the purpose of carrying off heat, smoke, soot, and/or ash.
Church —
See Section 9.75.270.
Circulation System Master Plan —
the plan which identifies the adopted and proposed routes for all Circulation Element roadways and bikeways within the City.
Cluster development —
a development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining a significant amount of open space area.
Coastal access, bluff top —
provides public access for public viewing of the shoreline along a coastal bluff top area.
Coastal access, lateral —
provides public access and use along the shoreline or parallel to the sea.
Coastal access, recreational —
provides public access to coastal recreational resources through means other than those provided by bluff top, lateral, trail and/or vertical coastal access, including but not limited to parking facilities, viewing platforms and bluff top parks.
Coastal access, trail —
provides public access through a coastal recreational path, including to and along lakes, rivers, streams, freshwater marshes, significant habitat and open space areas or similar resource areas, and which also may link inland recreational facilities to the shoreline.
Coastal access, vertical —
provides a public access connection between the first public road, public use area nearest the sea, or trail and the publicly owned tidelands or established lateral access.
_V2--Image-34.tif
Coastal bluff —
within the Coastal Zone, coastal bluffs are: (1) those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and (2) those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified as an Appealable Area. (Coastal Act/30501, 30620.6; 14 Cal. Code of Regulations/13577(h).
Coastal bluff, bottom —
the lower point of a coastal bluff, subject to determination by the Director of Community Development, where there is a distinct or general transition from the vertical edge (bluff face) to a horizontal plain which is the base of the bluff.
Coastal bluff edge —
the upper termination of a coastal bluff. When the top edge of the coastal bluff is rounded away from the face of the coastal bluff, the edge shall be defined as that point nearest the coastal bluff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the coastal bluff. In a case where there is a step-like feature at the top of the coastal bluff, the landward edge of the top-most riser shall be considered the bluff edge. The termini of the bluff edge along the seaward face of the bluff shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. (Coastal Act/30501, 30620.6; 14 Cal. Code of Regulations/13577(h)).
Coastal bluff, face —
the portion of a coastal bluff between the top and bottom of the coastal bluff.
Coastal bluff, top —
the upper portion of a coastal bluff, subject to determination by the Director of Community Development, where there is a transition from the vertical edge (bluff face) a horizontal plain which is the plateau, or upper elevation of the bluff.
Coastal Commission —
the California Coastal Commission or its successor agency as created pursuant to Division 20 of the Public Resources Code as amended. Whenever the term California Coastal Zone Conservation Commission appears in any law, it means the California Coastal Commission. (Coastal).
Coastal Commission Permit Jurisdiction Area —
all tidelands, submerged lands, and public trust lands (whether filled or unfilled) within the Coastal Zone. (Coastal Act/30519(b)).
Coastal dependent development —
any development or use which requires a site on, or adjacent to, the sea to be able to function at all. (Coastal Act/30101).
Coastal dependent use —
Any use which requires a site on, or adjacent to, the sea to be able to function at all. (Coastal Act/30101).
Coastal development permit —
any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of Division 20 of the Public Resources Code as amended. (Coastal Act/30110).
Coastal Flood Plain Development Study —
a report which contains technical criteria and standards necessary to provide protection of property from the ocean along the coastal plain.
Coastal high hazard area —
the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, V, or AE and is also designated as FP-3.
Coastal high hazard incorporated area —
the area subject to ocean related hazards, including but not limited to high waves, storms, hurricane wave wash, and tsunamis. (Coastal)
Coastal-related development —
any development or use that is dependent on a coastal-dependent development or use. (Coastal Act/30101.3).
Coastal Plan —
the California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000). (Coastal).
Coastal zone —
that land and water area of the City of Dana Point, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting the California Coastal Act of 1976, extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. (Coastal Act/30103(a)).
Co-location —
the locating of two or more antenna facilities operated by more than one service provider at a single location and mounted to a common antenna structure, wall, roof or other parts of a building.
Commercial antenna —
an antenna used for commercial enterprise, including, but not limited to, cellular antennas, microwave relay stations, AM/FM broadcasting antennas and UHF/VHF broadcasting antennas.
Commercial vehicle —
a vehicle customarily used as part of a business for the transportation of goods or people.
Commercial wireless telecommunication antenna facility —
a facility consisting of one or more antennas that is secured at a fixed and specified location, including any structure designed to support such antenna, which is used for commercial enterprise to provide radio communication services, including, but not limited to, paging services, wireless data services, cellular telephone services, enhanced special mobile radio services (ESMR), personal communication services (PCS), microwave relay stations, AM/FM broadcasting antennas and UHF/VHF broadcasting antennas. Types of antenna facilities include, but are not limited to, rooftop-mounted, wall-mounted and free-standing antenna structure (also known as an "Antenna Facility").
Commercial wireless telecommunication services —
those wireless telecommunication services offered by commercial carriers licensed by the Federal Communication Commission, including, but not limited to, paging services, wireless data services, cellular telephone services, enhanced special mobile radio services (ESMR), personal communication services (PCS), microwave relay stations, AM/FM broadcasting antennas and UHF/VHF broadcasting antennas.
Common area —
land in a development held by an association in common or single ownership which is not reserved for the exclusive use or benefit of an individual tenant or owner.
Common facility —
a non-commercial use established primarily for the benefit and enjoyment of the residential community in which it is located, typically recreation, utility, or service use oriented.
Communal housing —
See Section 9.75.270.
Community care facility —
See Section 9.75.270.
Community center —
See Section 9.75.270.
Community treatment facility —
See Section 9.75.270.
Conditional use —
a use permitted on a particular site and within a zoning district only upon finding that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Code and authorized by the Commission.
Conditional use permit —
a permit issued to a property owner allowing a particular use or activity not allowed as a matter of right within a particular district or zone.
Condominium —
an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan, in sufficient detail to locate all boundaries thereof. An individual condominium within a condominium may include, in addition, a separate interest in other portions of the real property.
Conforming —
fully meeting the requirements of Chapter 8.02 (Building Regulations) and all property development regulations and requirements prescribed in the applicable zoning district.
Congregate care facility —
See Section 9.75.270.
Congregate living health facility —
See Section 9.75.270.
Construction trailer —
a trailer, the use of which is incidental to new construction on a site, including but not limited to temporary office space for the direction of on-site construction activities.
Convalescent facility —
See Section 9.75.270.
Conversion —
the change from an individual ownership of existing real property and structure to multiple ownerships of the structure(s), together with a common interest in the land on which the residential, industrial, or commercial buildings are located.
Courtyard —
an open, unoccupied space, which is unobstructed from ground to sky, other than a yard, on the same lot with a building and bounded on two or more sides by the walls of a building.
Covered parking —
a parking stall(s) within a carport or completely under the overhanging portion of a building.
Cumulative effect or cumulatively —
the effect of an individual project in combination with the effects of past projects, other current projects, and probable future projects. (Coastal).
Curb elevation —
the level of the established curb in front of a building, as measured at the center of the frontage.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 96-10, 8/13/96; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98)

§ 9.75.040 "D" Definitions and Illustrations.

Dance floor —
an area which is in excess of 300 square feet or in excess of 15% of the public area of a building and is used as a dance area, whether as a primary or accessory use.
Dance hall/club —
See Section 9.75.270.
Day care center —
See Section 9.75.270.
Day treatment facility —
See Section 9.75.270.
Day care facilities —
see "Congregate Health Care and Residential Facilities, Adult Day Health Care, Adult Day Health Center, Adult Day Care Facility, Child Day Care Facility, Day Care Center, Day Treatment Facility, Family Day Care Home, Family Day Care Home, Large, Family Day Care Home, Small, and Social Day Care Facility."
Days —
shall always mean consecutive calendar days unless otherwise stated.
Decibel (db) —
a unit used to express the intensity of a sound wave.
Deck —
a platform, either freestanding or attached to a building that is supported by pillars, posts or walls.
Deck (Floodplain Overlay District) —
a concrete or wooden patio located on the front, rear, or side yards of a structure.
Dedication —
the conveyance by an owner or developer of private land for public use, and the acceptance of land for such use by the governmental agency having jurisdiction over the pubic function for which it will be used.
Demolish or destroy —
other than immediate replacement or reconstruction, the removal, destruction, wrecking, tearing down, dismantling, or razing of a building or structure to a level where the building or structure is non-functional.
Density —
the number of residential dwelling units per acre of land.
Density/intensity bonus —
the granting of additional development potential that allows a specific development to accommodate additional square footage or additional residential units beyond the maximum for which the site is zoned. Density/Intensity Bonuses are granted in exchange for the provision or preservation of a significant and exemplary public benefit at the same site or at another location.
Density, gross —
the ratio expressed by the number of residential dwelling units divided by gross acreage.
Density, net —
the ratio expressed by the number of residential dwelling units divided by net acreage.
Design —
a detailed and organized plan of development that includes: (1) architectural features; (2) street alignments, grades and widths; (3) drainage and sanitary facilities and utilities, including alignments and grades thereof; (4) location and size of all required easements and rights-of-way; (5) fire roads and fire breaks; (6) lot size and configuration; (7) traffic circulation and access; (8) parking; (9) grading; (10) land to be dedicated for park or recreation purposes; and (11) such other specific requirements in the plan and configuration of the entire project as may be necessary or convenient to ensure conformity to, or implementation of, the General Plan, Zoning Code, or any adopted Specific Plan.
Detached building —
any building or structure that does not have a wall or roof in common with any other building or structure.
Detention basin —
a storage facility for the temporary storage of storm water runoff.
Development, coastal —
the placement or erection, on land, in or under water, of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision 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 harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provision of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Coastal Act/30106).
Development in the Floodplain Overlay Districts —
any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
Development project —
any project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction but not a permit to operate. Development permit does not include any ministerial projects proposed to be carried out or approved by public agencies.
Directional panel antenna —
an antenna component that transmits and receives wireless telecommunication signals from a specific direction and generally has a box-like, panel-style shape.
Director —
the Director of Community Development for the City of Dana Point, unless otherwise specified.
Discretionary action —
an action taken on a development project based on the individual choice or judgment of the members of the hearing body.
District —
a division or category of zoning which establishes a distinction in land use through a differentiation in development standards and/or land use regulations.
District, special —
an agency or organization which controls the provision of a public utility or service such as schools, parks, flood control or sewer or water service.
Drinking establishment —
See Section 9.75.270.
Driveway —
a private roadway or accessway providing direct vehicular access to a garage, parking lot or use which requires vehicular access such as a service station or car wash.
Drug abuse recovery or treatment facility —
See Section 9.75.270.
Dwelling, duplex —
See Section 9.75.270.
Dwelling, multiple family —
See Section 9.75.270.
Dwelling, single family attached —
See Section 9.75.270.
Dwelling, single family detached —
See Section 9.75.270.
Dwelling unit —
a self-contained group of interconnected rooms designed, occupied or intended as separate living quarters, with sleeping and sanitary facilities and one cooking facility, provided within a permanent structure or portion thereof, for residential occupancy by a single household, not including hotels, motels or timeshares.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 96-10, 8/13/96; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98)

§ 9.75.050 "E" Definitions and Illustrations.

Easement —
An interest in real property owned by another that entitles its holder to a specific limited use or privilege.
Eave —
See "Overhang, Roof."
Elevation —
a scale drawing of the front, rear, or side of a building or structure.
Emergency, coastal —
for the purposes of Section 9.69.150 (Emergency Permits) of this Zoning Code, "emergency" shall mean, within the Coastal Zone, a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. (Coastal Act/30333, 30624; 14 Cal. Code of Regulations/13009).
Employment generation factors —
factors developed for use by the City for projecting the potential employment of any proposed development project.
Emergency shelter —
See Section 9.75.270.
Employees' quarters —
See Section 9.75.270.
Equestrian facility —
See Section 9.75.270.
Enclosed parking structure —
a building or structure used for the parking of motor vehicles, having exterior enclosure walls which have less than 25% of the total wall area open to the atmosphere at each level that enclose at least two sides of the structure.
Enclosed portion of any structure —
an edifice or building of any kind, attached to or detached from the dwelling unit, or any piece of work artificially built up or composed of parts joined together, that serves some functional or aesthetic connection to the primary building.
Energy facility —
any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy. (Coastal)
Environmental Impact Report (EIR) —
a detailed statement setting forth the environmental effects, considerations, and mitigation measures pertaining to a project pursuant to Section 21100 of the California Environmental Quality Act (CEQA), CEQA Guidelines, and local CEQA Guidelines.
Environmentally sensitive habitat area —
any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development. (Coastal Act/30107.5).
Equestrian trail —
a trail which is designed, improved, and intended to be used for horseback riding purposes.
Equipment shelter —
an enclosed structure, cabinet, shed or box at the base of a freestanding antenna mount.
Erosion control projects —
a plan or proposal of man-made systems, including, but not limited to, dams or diversions, used to decrease damages of erosion caused by storms, wind, wave action and/or flooding.
Escort —
means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency —
See Section 9.75.270.
Estuary —
all area within the mean high tide line of any coastal water body, usually semi-enclosed by land, having open, partially obstructed or intermittent exchange with the open sea and in which ocean water is at least occasionally diluted by fresh water runoff from the land. (Coastal Act/30501, 30620.6; 14 Cal. Code of Regulations/13577(c)).
Exception —
a grant of relief from the requirements of Chapter 9.31 which permits construction in a manner that would otherwise be prohibited by Chapter 9.31.
Exceptional case approval procedure —
the Exceptional Case Approval procedures shall be required of certain freestanding antenna facilities and any proposed installation which is, in the opinion of the City, of controversial design. Exceptional Case Approval is also required if a wireless carrier wishes to propose an antenna facility contrary to the design. A Variance is required when a proposal is contrary to the setbacks from residential districts or classrooms.
Existing use —
the use of a lot or structure established at the time of the enactment of this Code.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 96-10, 8/13/96; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98)

§ 9.75.060 "F" Definitions and Illustrations.

Fall zone —
the area on the ground within a prescribed radius from the base of a freestanding antenna facility. The fall zone is the area within which there could be a hazard from falling debris or the collapse of the antenna support standard.
Family day care home —
See Section 9.75.270.
Family day care home, large —
See Section 9.75.270.
Family day care home, small —
See Section 9.75.270.
Feasible —
capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Coastal Act/30108).
Fence —
a solid or open barrier above ground intended to enclose or mark a boundary.
Fill, coastal —
earth or any other substance or material, including pilings placed for purposes of erecting structures thereon, placed in a submerged area. Examples of fill materials include but are not limited to earth, excavated or dredged materials, sand, gravel, rock, rip-rap, and concrete. (Coastal Act/30108.2).
First public road paralleling the sea —
that road nearest to the sea as defined in Section 9.75.190, which is: (Coastal Act/30501, 30620.6; 14 Cal. Code of Regulations/13577(i)).
First public roadway —
(See "First Public Road Paralleling the Sea"). (Coastal).
Flood or flooding —
a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of flood waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or; (3) the collapse or subsidence of land along the shore of the ocean or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
Flood Boundary and Floodway Map —
the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
Flood Insurance Rate Map (F.I.R.M.) —
the official maps on which the Federal Emergency Management Agency has delineated the areas of special flood hazard and the risk premium zones and the floodways applicable to the City.
Flood Insurance Study —
the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
Flood, 100-year —
the magnitude of a flood expected to occur on the average every 100 years, based on historical data. The 100-year flood has a 1/100, or 1%, chance of occurring in any given year. See "Base Flood."
Floodplain —
the relatively level land area on either side of the banks of a stream regularly subject to flooding. That part of the floodplain subject to a 100-year flood is designated as an "area of special flood hazard" by the Federal Insurance Administration.
Floodplain or flood-prone area —
any land area susceptible to being inundated by water from any source (see definition of flooding).
Floodplain fringe —
all land between the floodway and the upper elevation of the 100-year flood.
Floodplain management —
the operation of any overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
Floodplain management regulations —
zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance) and other local regulations. The term describes such state or local regulations in any combination thereof, which provide standards for purpose of flood prevention and reduction.
Floodproofing —
any combination of structural and nonstructural additions, changes or adjustments to structures which eliminate or reduce flood damage to improved real property, water and sanitary facilities, structures or their contents.
Floodway —
the channel of a river, stream, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway."
Floor area ratio —
the total gross floor area, including habitable subterranean floors, but not parking structures, of all buildings on a lot divided by the lot area.
Floor area, gross —
the area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards but including stairways, hallways, mechanical rooms, restrooms, and other non-habitable areas.
Fortune-telling —
See Section 9.75.270.
Foster family home —
See Section 9.75.270.
Freestanding antenna facility —
any freestanding structure specifically designed to support one or more antennas and any mounting appurtenances mounted on such a structure.
Fuel modification zone —
a wide strip of land where flammable native vegetation has been removed and/or modified and partially or totally replaced with drought-tolerant, fire-resistant plants. Fuel modification zones are typically composed of three subzones — a non-combustible zone, a wet zone and a thinning zone.
Functionally dependent use —
shall mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98)

§ 9.75.070 "G" Definitions and Illustrations.

Garage —
an enclosed building or structure, or part thereof, used or intended to be used for the parking and storage of motor vehicles.
Garage, private —
a garage for general public use, whether free or for free.
Garage, public —
a garage where vehicles are parked or stored for remuneration, hire or sale.
General Plan —
the General Plan, pursuant to Government Code Section 65301, of the City of Dana Point which may be amended from time to time by the City Council.
Grade —
the average of the finished ground level (finished grade) at the center of all exterior walls of a building or, where such walls are parallel to and within five feet of a sidewalk, the average of the finished ground level at the sidewalk, or to the top of curb, where there is no sidewalk.
Grade, existing —
the elevation of the ground which exists prior to the start of any site preparation, grading, or construction related to the project being proposed. Existing grade will not be the same as natural grade if the site has been previously graded.
_V2--Image-35.tif
Grading, contour —
a grading concept designed to result in earthforms and contours which resemble natural terrain characteristics, with generally curving, non-linear slope banks having variations in the slope ratios of the horizontal and vertical curves.
Granny flat —
See Section 9.75.270.
Greenbelt —
an open area, cultivated, landscaped or maintained in a natural state, which surrounds development. Greenbelts serve as a buffer between land uses, or mark the edge of an urban or developed area.
Group home —
See Section 9.75.270.
Guest room —
any room which is used or designed to provide transient occupancy and sleeping accommodations for one or more guests. Guest rooms occur in hotels, motels, time-shared, bed and breakfast, private clubs, lodges, fraternal organizations, and other transient occupancy uses.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.080 "H" Definitions and Illustrations.

Handicapped housing —
any housing which is designed and constructed to accommodate physically handicapped persons.
Hazardous waste facility —
See Section 9.75.270.
Hazardous waste facility project —
an on-site facility and pursuant to Health and Safety Code 25199.1.
Hedge —
a grouping of vegetation, composed exclusively of shrubs or bushes, planted, grown, maintained and shaped in a linear pattern which forms a solid barrier similar in shape and proportion to a fence or wall.
Helipad —
an area of land designed, constructed, properly equipped and authorized by the Federal Aviation Administration to function as a private landing and takeoff facility for helicopters.
Heliport —
an area of land designed, constructed, properly equipped and authorized by the Federal Aviation Administration to function as a public landing and takeoff facility for helicopters.
Highest adjacent grade —
the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Home occupation —
See Section 9.75.270.
Homeowners association —
a community association which is organized within a residential development in which individual owners share common ownership interests and responsibilities for buildings, open space, landscaping, and/or facilities.
Hospital, acute psychiatric —
See Section 9.75.270.
Hospital, chemical dependency recovery —
See Section 9.75.270.
Hospital, general acute care —
See Section 9.75.270.
Hospital, special —
See Section 9.75.270.
Hotel —
See Section 9.75.270.
Household —
the permanent residents of a dwelling unit.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.090 "I" Definitions and Illustrations.

Improvement —
the construction or addition of one or more features, structures or utilities on a parcel of land.
Infill —
development of vacant land located within areas that are already developed.
Infrastructure —
basic facilities and services needed to sustain development.
Inland extent of the beach —
the inland extent of the beach shall be determined as follows: (1) from a distinct linear feature (e.g. a seawall, road, or bluff, etc.); (2) from the inland edge of the further inland beach berm, as determined from historical surveys, aerial photographs, and other records or geological evidence; or (3) where a beach berm does not exist, from the further point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence. (Coastal Act/30501, 30620.6; 14 Cal. Code of Regulations/13577(g)(1), 13577(g)(2)).
Intermediate care facility —
See Section 9.75.270.
Island, traffic —
a raised barrier, sometimes landscaped, located in the right-of-way for the purpose of directing circulation patterns.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 97-05, 9/9/97)

§ 9.75.100 "J" Definitions and Illustrations.

None.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.110 "K" Definitions and Illustrations.

Kennel —
See Section 9.75.270.
Kitchen —
a room or portion of a room in a structure used for the purpose of preparing meals, containing the necessary appliances, and equipped with a sink and running water.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.120 "L" Definitions and Illustrations.

Land use decision —
a discretionary decision of the City, including the issuance of a land use permit or a conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to the Government Code. A land use decision also means a discretionary decision of the City concerning hazardous waste facility project pursuant to the Health and Safety Code.
Land use plan, coastal —
the Land Use Element, Urban Design Element, and Conservation/Open Space Element of the City of Dana Point General Plan. (Coastal Act/30108.5).
Landscape coverage —
the percentage of the net lot area, excluding the area of the parking lot, which is covered by landscaping as seen from a plan view.
Landscaping plan —
a plan which indicates the type, size and location of vegetative and accent material proposed for the covering of all areas of a site not covered by a building, including all irrigation and other devices necessary to maintain such landscaping.
Landscaping —
areas devoted to or developed and maintained primarily with native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials. Landscaping may also include small amounts of accessory decorative outdoor landscape elements such as ponds, fountains, and paved or decorated surfaces, (excluding driveways, parking, loading, or storage areas), and sculptural elements, all of which are suitably designed, selected, installed, and maintained to enhance a site.
Lateral access —
(See "Coastal Access, Lateral"). (Coastal).
Level of service (LOS) —
a measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst).
Livestock —
any animal in the bovine (cow), caprine, (goat), equine, (horse), ovine (sheep), or porcine (pig) families.
Livestock, domesticated —
any animal that requires an animal permit from the applicable animal control agency and can be reasonably kept in a residential environment without damage to the health, safety or welfare of adjacent property owners. Domesticated livestock require continuous registration with a nationally recognized association or organization. A list of approved domesticated livestock shall be kept by the Director of Community Development.
Loading space —
an off-street space or berth which is on the same lot as the building(s) it services, abuts a street, alley, or other appropriate means of access, and is used for the temporary parking of a commercial vehicle which is being loaded or unloaded with merchandise, materials or people.
Local Coastal Program (LCP) —
a local government's (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal resources areas, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of the California Coastal Act of 1976 (as amended) at the local level. The Local Coastal Program for the City of Dana Point is comprised of the Land Use Element, Urban Design Element, and Conservation/Open Space Element of the General Plan, the Zoning Code, the Dana Point Specific Plan/Local Coastal Program, and the Capistrano Beach Specific Plan/Local Coastal Program. (Coastal Act/30108.6).
Locker facilities —
an area containing enclosures that can be locked for storage of clothing and valuables in conjunction with shower facilities.
Lot —
land which abuts at least one public street or any numbered or otherwise designated parcel of land which is shown on: (1) a recorded tract map, (2) a record of survey map recorded pursuant to an approved division of land, or (3) a parcel map.
Lot, corner —
a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
Lot, cul-de-sac —
a lot located at any position on the circular portion of a cul-de-sac street.
Lot, flag —
a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this Code for lot width, but having a dimension of at least 20 feet at its narrowest point.
Lot, interior —
a lot other than a corner lot.
Lot, key —
the first interior lot to the rear of a reversed corner lot which is not separated therefrom by an alley.
Lot, reversed corner —
a corner lot in which the rear lot line abuts the side lot line of the nearest lot to its rear.
Lot, substandard —
any lot which does not meet the minimum dimensions required by this Code. The area of any easement which restricts the normal usage of the lot may be included.
Lot, through —
a lot which fronts upon two streets which do not intersect at the boundaries of the lot.
Lot coverage —
the maximum percentage of the net lot area which is covered by all the buildings on a lot as seen from a plan view.
Lot depth —
the average linear measurement between the front and rear lot lines when measured at 90 degree angles from the front lot line.
Lot line —
the lines bounding a lot as defined herein.
Lot line, exterior side —
a side lot line adjacent to a street.
Lot line, front —
the line separating the narrowest street frontage of the lot from the street right-of-way.
Lot line, interior side —
a side lot line not adjacent to a street.
Lot line, rear —
the lot line opposite and most distant the front lot line; or in the case of an irregularly shaped lot, a straight line not less than 10 feet long, within the lot, and most nearly parallel to and at the maximum distance from the front lot line.
Lot line, side —
any lot lines other than the front or rear lot lines.
Lot merger —
the joining of two or more contiguous parcels of land under one ownership into one parcel pursuant to the Subdivision Map Act.
Lot width —
the average linear distance between side lot lines when measured parallel to the front lot line.
Lowest floor —
the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Chapter 9.31.
_V2--Image-36.tif
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 97-05, 9/9/97)

§ 9.75.130 "M" Definitions and Illustrations.

Major Antenna Use Permit —
a Major Antenna Use Permit would be required for certain light standard right-of-way antenna facilities and certain "stealth" antenna facilities that are within setbacks defined herein to residential districts and classrooms. A Major AUP would also be required for all non-stealth design antenna facilities setback further from residential districts, such as rooftop facilities, wall-mounted facilities or other non-freestanding facilities that for whatever reason might not be able to strictly adhere to the requirements for "stealth installations" as specified in Section 9.02.020(b).
Major energy facility —
facilities that cost more than $100,000 with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Sections 30610, 30610.5, 30611 or 30624 of the California Coastal Act of 1976. (Coastal Act/30333; 14 Cal. Code of Regulations/13012(a)).
Major public works project —
"major public works facilities" are defined as follows:
(1) 
Facilities that cost more than $100,000 with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Sections 30610, 30610.5, 30611 or 30624 of the California Coastal Act of 1976.
(2) 
Notwithstanding the criteria in (1) above, "major public works" also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities. (Coastal Act/30333; 14 Cal. Code of Regulations/13012).
Manufactured home —
a structure, transportable in one or more sections, which is built on a permanent chassis and is depicted for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
Manufactured home park or subdivision —
a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
Map Act —
the Subdivision Map Act of the State of California.
Market value —
the value of a structure based on market conditions or trends as established by a current or recent appraisal on said property. The term recent is intended to refer to the previous six months.
Massage parlor —
See Section 9.75.270.
Mean high tide line —
the mean high tide line shall be defined as the statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station. (Coastal Act 30501, 30620.6; 14 Cal. Code of Regulations/13577(c)).
Mean sea level —
for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the City's Flood Insurance Rate Map are referenced.
Median —
a paved and/or planted area separating a street or highway into two or more lanes of opposite direction travel.
Menagerie —
a collection of wild animals and/or birds.
Merger —
see "Lot Merger."
Microcell —
an installation that is used on occasion by Carriers which consists typically of small panel antennas (usually two) mounted on poles and light standards within the public right-of-way with fiber-optic cable connecting the antennas.
Minor Antenna Use Permit —
a Minor Antenna Use Permit would be required for light standard right-of-way antenna facilities and certain "stealth" antenna facilities within designated setbacks from residential districts and classrooms. However, unlike those considered through the Major AUP process, these antenna facilities would observe all of the design and siting requirements specified in these regulations.
Microwave antenna —
a wireless telecommunication facility antenna (most often in the shape of a dish or a drum) that transmits and receives microwave radio signals to provide an electronic line-of-sight interconnection between antennas facilities.
Mixed use —
the development, in a compact urban form and designed or arranged to ensure land use compatibility, of a structure(s) or site with two or more different land uses including, but not limited to, residential, office commercial, light industrial, business park, recreational, or public.
Mezzanine —
a platform that projects from a maximum of two walls within a structure above the first or second level, is no more than one third of the area of the room in which it is located, and is surrounded by a rail or balustrade.
Mobilehome —
See Section 9.75.270.
Mobilehome park —
See Section 9.75.270.
Mobilehome subdivision —
See Section 9.75.270.
Monopole —
a type of freestanding antenna facility comprised of a pole designed to support platforms or arms with cross-beams to mount antennas at a desired height above ground level.
Motel —
See Section 9.75.270.
Motor vehicle —
a machine capable of self-propulsion, with human guidance, whether for the performance of work or as a mode of transportation.
Multi-phase development —
a development project that is constructed in increments, with each increment capable of existing independently of the other.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98; Ord. 03-07, 4/9/03)

§ 9.75.140 "N" Definitions and Illustrations.

New construction in the Floodplain Overlay Districts —
for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the City.
Noise, ambient —
the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding alleged offensive noises, at the location and approximate time at which a comparison with alleged offensive noises is to be made.
Nonconforming lot —
any subdivision of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the property was subdivided, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which the property is located.
Nonconforming structure —
any structure, building, or improvement upon land, other than the land itself, including any sign, that was lawfully established and in compliance with all applicable ordinances and laws at the time the structure, building or improvement was established, but which, due to a subsequently enacted ordinance or law, no longer complies with all of the applicable regulations and standards of the zone in which the structure, building or improvement is located.
Nonconforming structure, illegal —
any structure, building, or improvement upon land, other than the land itself, including any sign, that was not established in compliance with all ordinances and laws that were applicable at the time the structure, building, or improvement was established.
Nonconforming use —
any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established, but which, due to a subsequently enacted ordinance or law, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
Nonconforming use, illegal —
any use of land that was not established in compliance with all the ordinances and laws that were applicable at the time the use of land was established.
Non-freestanding antenna facility —
an antenna facility that utilizes a building to mount the antennas at a desired height above ground level.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 98-06, 9/22/98)

§ 9.75.150 "O" Definitions and Illustrations.

Omni-directional whip antenna —
a thin whip-style antenna that can transmit and receive wireless telecommunication signals in all directions, typically less than 15 feet in length.
Open space —
See Section 9.75.270.
Open space, active —
any parcel or area of land or water which is set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space and which contains recreational facilities such as pools and swimming areas, courts and other game areas, playing fields and equipment or other required facilities for various active activities.
Open space, common —
land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the owners of the development and which may include complementary structures, facilities and improvements such as gazebos, recreational facilities, pools, spas, and game courts.
Open space, passive —
any parcel or area of land or water which is essentially unimproved and set aside, dedicated, designated or reserved for non-structured recreational activities in order to preserve the natural and aesthetic qualities of the area.
Open space, private —
an open space, fenced or otherwise, designed to promote privacy, and which is reserved for the exclusive use of the occupants of a specific dwelling unit.
Open space, public —
open space owned and maintained by a public agency for the use and enjoyment of the general public.
Overhang, roof —
that portion of a roof which extends beyond the vertical facade of a lower wall.
Overhang, vehicle —
the portion of a parked vehicle which extends beyond a curb and into a landscaped or sidewalk area.
Overlay Zoning District —
a zoning district established by ordinance, which shall be applied to properties in combination with any other zoning district or specific plan or development plan.
Owners association —
a community association which is organized within a non-residential development in which individual owners share common ownership interests and responsibilities for buildings, open space, landscaping, and/or facilities.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98)

§ 9.75.160 "P" Definitions and Illustrations.

Parapet —
the extension of the main walls of a building above the roof level.
Parcel —
an area of land under one ownership that has been legally subdivided, has a Certificate of Compliance or was combined in accordance with the Subdivision Map Act and which is shown as a single parcel on the latest equalized assessment roll.
Parcel map —
an instrument, processed in compliance with the Subdivision Map Act, for subdividing property into four or less parcels, condominiums, a community apartment project with four or less units or to convert a dwelling to a stock cooperative containing four or less dwelling units. A parcel map may also be used to create more than four lots where (1) the land before division contains less than five acres, each parcel created abuts a public street and no dedications or improvements are required; (2) each parcel created has a gross area or more than 20 acres or more with approved access to a public street; (3) the land to be subdivided has access to a public street, is zoned for industrial or commercial development and has previous approvals with regard to street widths and alignments; or (4) each parcel created has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.
Parking area, private —
an area, other than a street, designed for the parking of vehicles and available for general public use, whether free or for a fee.
Parking area, public —
an area, other than a private parking area or street, used for the parking of vehicles and available for general public use, either free or for a fee.
Parking stall —
a permanent area for the parking of one motor vehicle which meets the minimum dimension and access requirements as established by the City.
Parking stall, off-street —
a permanent parking space which is not located on a dedicated street right-of-way.
Parking stall, on-street —
a permanent parking space which is located on a dedicated street right-of-way.
Parking structure —
a structure that is designed and built for the purpose of providing off-street parking stalls with single or multiple levels which may include secondary uses such as storage, walkways, stairways, elevator shafts, mechanical or electrical equipment rooms and parking management facilities.
Parking, subterranean or underground —
a parking structure that is built with a maximum of four feet above the exterior finished grade provided that the four feet is included in the structure's building height measurement.
Park, public —
see Section 9.75.270.
Parkway —
the area of a public right-of-way that lies between the curb of a street and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping and/or passive recreational purposes.
Peak-period —
those hours of the business day between 6 a.m. and 10 a.m., and 4 p.m. to 7 p.m. inclusive, Monday through Friday.
Permit —
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 —
a use listed by the provisions of any particular district as a permitted use within that district and permitted therein as a matter of right when conducted in accord with the regulations established by the Code.
Person —
any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, State of California, and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.
Phase —
any independent and contiguous part or portion of a project which is developed as a unit in the same time period.
Pilaster —
an upright architectural member that is structurally a pier, but architecturally is treated as a column.
Plat —
a map representing a tract of land, showing the boundaries and location of individual properties and streets.
Police power —
the authority of government to exercise controls to protect the public health, safety, morals, and general welfare.
Porch —
a covered pedestrian entrance to a building which is located on the first floor level.
Porte cochere —
a roofed structure open on at least two sides, through which a motor vehicle may be driven and which is attached to a principal building by a continuous roof leading to the principal entrance.
Poultry —
any domesticated bird which can be kept or raised for eggs or meat.
Premises —
a lot or building site, or a specified portion of a lot or building site, that meets the requirements needed for the location, maintenance and operation of a use on the property.
Principal use —
a use that constitutes the primary function of a household, building, structure, establishment, or property.
Property owner —
The legal owner of a parcel of real property.
Public access structures —
structures, including but not limited to, stairways, ramps, and bike paths, which provide the general public access to the coast.
Public lifeguard towers —
structures owned and operated by a public agency and used as an observation platform/shelter by a certified lifeguard employed to safeguard swimmers at a beach or pool.
Public piers —
a platform available for use by the general public, extending from a shore over water and supported by piles or pillars, which may be used to secure, protect and provide access to ships, boats, fishing opportunity, or commercial activities.
Public/private local telecommunication systems —
local wireless telecommunication systems that are utilized only by local businesses, public agencies, utility services and emergency services, not including licensed commercial wireless telecommunication services.
Public restrooms —
a lavatory available for use by the general public.
Public trust lands —
all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation and other public purposes. Public Trust lands include tidelands, submerged lands, beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the Public Trust at any time. (Coastal Act/30501, 30620.6; 14 Cal. Code of Regulations/13577(f)).
Public vantage point —
any publicly accessible location on dedicated or publicly owned property, including but not limited to roadways, parks, and cultural or recreational facilities, which affords a view of the ocean, a coastal lagoon, a canyon or hillside area, or any other open space area identified in an adopted community plan. (Coastal)
Public works —
includes the following:
(1) 
All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the California Public Utilities Commission, except for energy facilities.
(2) 
All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.
(3) 
All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.
(4) 
All community college facilities. (Coastal Act/30114).
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98)

§ 9.75.170 "Q" Definitions and Illustrations.

Quasi-public —
a use owned or operated by a non-profit institution providing educational, cultural, recreational, religious, or similar types of public programs.
Queue area —
an area provided for motor vehicles to queue while waiting to obtain goods or services from a drive-through facility.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.180 "R" Definitions and Illustrations.

Radiofrequency (RF) emissions —
the emissions created by the radio signals from wireless telecommunication facilities.
Reception window —
the area within the direct line between a satellite antenna and those orbiting communications satellites carrying available programming.
Recreational equipment —
structures or devices that stimulate activity through amusement, exercise or play in order to refresh one's mind or body. Examples include playground equipment (i.e. swings, slides, etc.), park benches, picnic tables, and exercise courses.
Recreational vehicle —
a vehicle towed or self propelled on its own chassis or attached to the chassis of another vehicle which is designed or used for recreational or sporting purposes. The term recreational vehicle shall include, but not be limited to, travel trailers, pickup campers, camping or tent trailers, motor coach homes, converted trucks or buses, boats, and boat trailers, and all terrain vehicles.
Recreational vehicle park —
See Section 9.75.270.
Recycling facility —
See Section 9.75.270.
Replacement cost —
the actual cost to replace or reconstruct a damaged structure, facility or feature as determined by the appraisal of a qualified and approved appraiser.
Residential care facility for the elderly —
See Section 9.75.270.
Residential facility —
See Section 9.75.270.
Resource recovery —
the process of obtaining materials or energy from waste materials, particularly solid waste.
Restaurant —
See Section 9.75.270.
Restaurant, drive-through —
See Section 9.75.270.
Restaurant, fast food —
See Section 9.75.270.
Restaurant, take-out —
See Section 9.75.270.
Restaurant, walkup —
See Section 9.75.270.
Retention basin —
see "Detention Basin."
Right-of-way —
a corridor, either public or private, on which a right of passage has been recorded.
Right-of-way, public —
any parcel or strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, storm drain, sanitary sewer line and/or other public use.
Right-of-way, ultimate —
the boundaries of any future right-of-way shown on an adopted precise plan of highway alignment, or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded Site Plan. The latest adopted or recorded document in the above case shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the roadway classification as shown on the Circulation System Master Plan of the General Plan. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way.
Riparian habitat —
an environment associated with freshwater watercourses, including perennial and intermittent streams, lakes, and other bodies of fresh water, and characterized by plants and animals which are dependent upon the availability of water in the resource.
Riverline —
relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Roof deck —
a structure that is constructed above the top plate line of a structure, accessed from below the top plate line, and which is designed to function as an outdoor patio or observation area.
Rooftop-mounted antenna —
an antenna mounted to the roof of an existing building.
Room —
an area within a building that is fully enclosed by walls, a ceiling and a floor, including at least one door way access and which may include a door(s) or window(s).
Rounding of quantities —
the process whereby, in the calculation of distances, unit density, density bonuses, parking requirements, or other aspects of development or the physical environment, fractional numbers are converted to whole numbers. Where the fractional number is .5 or more, the number shall be rounded up to the next higher whole number. Where the fractional number is less than .5, the number shall be rounded down to the next lower whole number, except as may be otherwise provided in this Code.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. No. 98-06, 9/22/98)

§ 9.75.190 "S" Definitions and Illustrations.

Sand dunes —
naturally occurring accumulations of sand in ridges or mounds landward of the beach.
Sanitarium, health —
See Section 9.75.270.
Sanitarium, mental —
See Section 9.75.270.
Sanitary sewers —
pipes that carry only domestic or commercial sewage to a treatment plant and into which storm, surface, and ground waters are not intentionally admitted.
Satellite dish antenna —
any antenna in the shape of a shallow dish, and appurtenant equipment, used for the reception of communications (television and otherwise) from orbiting satellites or ground transmitters. This definition includes satellite dish antennas of all sizes including those satellite dish antennas less than one meter in diameter.
Scale, public —
a weighing mechanism, intended to determine the gross weight of motor vehicles, usually large trucks, that is open to the general public.
Scenic highway —
a roadway designated by the City General Plan as a "scenic highway."
Screening —
a method of visually shielding or obscuring any abutting or nearby structure, use or mechanical device from another by fencing, walls, berms or densely planted vegetation.
Sea —
the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. (Coastal Act/30115).
"Second dwelling units" —
See Section 9.75.270.
Senior citizen housing —
See Section 9.75.270.
Senior congregate care housing —
See Section 9.75.270.
Sensitive coastal resources area —
an identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. A sensitive coastal resources area includes the following:
(a)
Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped generally in the Conservation/Open Space Element Figure COS-1.
(b)
Areas possessing significant recreational value.
(c)
Highly scenic areas.
(d)
Archaeological sites designated by the State Historic Preservation Officer.
(e)
Special communities or neighborhoods which are significant visitor destination areas.
(f)
Areas that provide existing coastal recreational opportunities for low-and moderate-income persons.
(g)
Areas where divisions of land could substantially impair or restrict coastal access. (Coastal Act/30116).
Septic system —
a sewage treatment system that includes a settling tank through which liquid sewage flows and in which solid sewage settles and is decomposed by bacteria in the absence of oxygen.
Setback —
the minimum required distance between a building or structure, and a property line.
Setback line —
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 buildings/structures and uses on a lot.
Sexual encounter/rap center —
means any business or commercial enterprise that, as one of its primary business purposes, offers any form of consideration: (1) physical contact in the form of wrestling or bumbling between persons of the opposite sex; or (2) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
Shoreline protective works —
a man-made structure or system of structures, including but not limited to, seawalls, revetments, rip-rap, jetties, groins, breakwaters, cliff retaining walls, or dams or diversion, used to protect the shoreline from damage caused by storms, wave action, erosion, and/or flooding. (Coastal Act/30235).
Shoreline setback —
the distance from the mean high tide line governing the placement of buildings, structures, parking or uses on a lot.
Sidewalk —
a paved surface or leveled area used as a pedestrian walkway which parallels and is usually separated from, but may be adjacent to, the street.
Sight distance area —
an area, generally triangular in shape, located at the corners of a street or highway intersection that is designated to be kept clear of visual obstructions in excess of three feet tall.
Sign —
any representation used to convey information, or to identify, announce, or otherwise direct attention to a business, profession, commodity, service, or entertainment and placed on, suspended from, or in any way attached to, any structure, vehicle, or feature of the natural or man-made landscape.
Significant public views —
those views of the ocean, coastline, coastal foothills and other open space areas within the City from public roadways, public recreational land uses and designated scenic highways.
Single room occupancy —
See Section 9.75.270.
Site —
any lot or parcel of land or combination of contiguous lots or parcels of land used or intended for a particular use or group of uses.
Site development permit —
an approval which is required prior to the development of certain structures or uses in a particular district or zone. This permit is required for most non-restricted uses and is typically utilized to ensure compliance with the district development regulations and to identify necessary improvements, requirements, and dedications.
Site plan —
a diagram of a property proposed for development as seen from above. The diagram shall be drawn to scale and properly dimensioned. The diagram shall illustrate the existing and proposed uses and structures on the property in accordance with the applicable regulations and shall include lot lines, streets, grades, building sites, landscaping, parking areas, structures, and uses on adjacent parcels, reserved open space and other specific development proposals.
"Skilled nursing facility" —
See Section 9.75.270.
Slope —
the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. The diagram, formulas, and table below are provided for reference.
_V2--Image-37.tif
Slope Percentage = Rise/Run × 100
Slope Ratio = Run/Rise = (x) feet run to one foot rise = x:1
% Grade
Degrees
Ratio
100.0
45.0
1.0:1
50.0
26.6
2.0:1
40.0
21.8
2.5:1
33.3
18.4
3.0:1
30.0
16.7
3.3:1
25.0
14.0
4.0:1
20.0
11.3
5.0:1
15.0
8.5
6.7:1
12.0
6.8
8.3:1
10.0
5.7
10.0:1
8.0
4.6
12.5:1
6.0
3.4
16.7:1
Slope bank —
a man-made slope steeper than 15%.
"Small family home" —
See Section 9.75.270.
"Social day care facility" —
See Section 9.75.270.
"Social rehabilitation facility" —
See Section 9.75.270.
Solar energy systems —
a complete design or assembly consisting of a solar energy collector, energy storage facility, and components for the distribution of transformed energy.
Solid fence —
a fence or wall constructed of materials that are visually opaque.
"Solid waste disposal facility" —
See Section 9.75.270.
Specified hazardous waste facility project —
an off-site or on-site facility which serves more than one generator of hazardous waste, and pursuant to Health and Safety Code 25199.1(n).
Specific plan —
a detailed plan for the development of a specific area. It implements the local General Plan by creating a bridge between General Plan policies and individual development proposals. A Specific Plan directs all facets of future development; from the distribution of land uses to the location and sizing of supporting infrastructure, from methods of financing public improvements to standards of development.
Specified anatomical areas —
includes any of the following:
(1) 
Less than completely and opaquely covered:
(a) 
Human genitals, pubic region;
(b) 
Buttocks; anus; and
(c) 
Female breasts 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 —
includes any of the following:
(1) 
The fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts; or
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of, or in connection with, any of the activities set forth in subsections 1 through 3 of this Section; or
(5) 
Human genitals in a state of sexual stimulation or arousal.
Stable, private —
See Section 9.75.270.
Stable, public —
See Section 9.75.270.
Stairway —
a flight, or flights of stairs that are connected by common landings.
Standards, development —
requirements in the Code that govern building and development including but not limited to lot area, height limits, frontage, setbacks, density, landscaping, and floor area ratio.
Start of construction in the Floodplain Overlay Districts —
includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means with the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets, and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Stealth antenna facility —
a commercial wireless telecommunication facility that uses stealth design treatments to completely screen, hide or disguise the antennas and other exposed related equipment to be unobtrusive to the general public.
Stealth design —
design features used to disguise, screen or hide a commercial wireless antenna facility from public views.
Stock cooperative —
a corporation that holds title to improved real property, either in fee simple or for a terms of years, in which all or substantially all of the shareholders have a right of exclusive occupancy in a portion of the property, and the right of occupancy is transferable only concurrently with the transfer of the corporate stock.
Storm drains —
any facilities designed to control, retain or remove surface water runoff.
Story —
that portion of a building included between the surface of any floor and the upper surface of the floor next above it, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Basements and underground parking structures shall not be considered a story.
Stream —
a natural watercourse identified as a stream on a map adopted pursuant to a certified Local Coastal Program; or as designated by a solid blue line or other symbol on the USGS 7.5 minute quadrangle series map. The bank of the stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where the stream has no discernible bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. (Coastal)
Street —
an accessible vehicular right-of-way, other than an alley, which affords a primary means of access to abutting property.
Street, private —
a right-of-way, easement or lot, designated for vehicular access, that is not dedicated to the public and held in private ownership, which provides internal access to or through a property.
Street, public —
a right-of-way designated for vehicular access that is dedicated to the public.
Structure —
a combination of materials which is assembled for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Includes, but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, or electrical power transmission and distribution area.
Structure in the Floodplain Overlay Districts —
a walled and roofed building, cabana, or garage, including a gas or liquid storage tank, that is principally above ground, as well as a manufacture home.
Subdivision —
the division of a tract of land into defined lots, either improved or unimproved, which can be separately conveyed by sale or lease, and which can be altered or developed pursuant to the Subdivision Map Act. Subdivision includes a condominium project as defined in Section 1350 of the California Civil Code and a community apartment project as defined in Section 11004 of the Business and Professions Code.
Subdivision, tract —
a subdivision which creates five or more parcels to be developed as a whole by an owner or builder.
Submerged lands —
lands which lie below the line of mean low tide. (Coastal)
Substantial damage —
damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Substantial improvement in the Floodplain Overlay Districts —
any reconstruction, rehabilitation, addition, enlargement, expansion, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
(a)
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living condition; or
(b)
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as a historic structure.
For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(a)
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(b)
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-13, 11/26/96; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98)

§ 9.75.200 "T" Definitions and Illustrations.

Temporary structure —
a structure without any permanent foundation or footings which will be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Temporary use —
a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period, which is permitted through the provisions of Chapter 9.39.
Tenant —
the lessee of facility space in a development project.
Terracing —
an erosion control method that uses small hills and contours on the land surface to control flooding and runoff.
Tidelands —
lands which are located between the line of mean high tide and mean low tide. (Coastal Act/30501, 30620.6; 14 Cal. Code of Regulations/13577(d)).
Topography —
the configuration of a surface area, including its relief and the position of natural and man-made features.
Tot lot —
an improved and equipped play area for small children.
Townhouse —
a single-family attached dwelling organized in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common and fire resistant walls.
Trail staging area —
an area designated for the purpose of preparatory activities prior to the use of trail facilities.
Trail, riding and hiking —
a path designed for or used by equestrians, pedestrians, and/or cyclists using non-motorized bicycles.
Trailer —
a structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupation, carrying of materials, goods or objects, or as a temporary office.
Transportation demand management (TDM) —
the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak period.
Travel trailer —
a vehicle, other than a motor vehicle, which is designed or used for human habitation and for travel or recreational purposes, does not at any time exceed eight feet in width and 40 feet in length, and may be moved upon a public highway without a special permit or chauffeur's license without violating any provisions of the California Vehicle Code.
Travel trailer park —
an area where spaces are offered to one or more users of travel trailers.
Trip reduction —
reducing the number of work related trips taken in single occupancy vehicles during the peak period Monday through Friday.
Triplex —
a single family attached or multiple family building containing three dwelling units.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 97-05, 9/9/97)

§ 9.75.210 "U" Definitions and Illustrations.

Unenclosed portion of any structure —
an outdoor extension of living space, built up or composed of parts joined together not serving as habitable living space.
Unique natural feature —
that part of the natural environment which is rare or not duplicated in the city or region.
Use —
the purpose for which land or a building is used, arranged, designed or intended, or for which the land or building is or may be occupied or maintained.
Utility, private or public —
any closely regulated agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.220 "V" Definitions and Illustrations.

Variance —
a discretionary entitlement which permits the departure from the strict application of the development standards contained in this Code and pursuant to the findings required by the California Government Code. This term does not refer to "Administrative Modification of Standards" pursuant to Section 9.61 of this Code.
Vehicle, disassembled —
a vehicle without hoods, doors, fenders, body panels, headlights, trunk lids, tires, wheels, windows, or windshields, or any other part required for legal operation of vehicle.
Vehicle, wrecked —
a vehicle which is rendered inoperable as a result of physical damage.
Vehicular accessway —
a private, non-exclusive vehicular easement affording access to abutting properties.
Vested right —
a right which has been legally established.
Violation in the Floodplain Overlay Districts —
the failure of a structure or other development to be fully compliant with the City's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided.
Visitor parking —
parking stalls provided in a residential development for intermittent use by visitors.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.230 "W" Definitions and Illustrations.

Wall —
a solid barrier intended to enclose, separate or surround and typically four inches or more in thickness.
Wall-mounted antennas —
antennas mounted directly to the exterior main wall or the exterior penthouse wall of an existing building.
Wetlands —
any land area which may be covered periodically or permanently with shallow water including, but not limited to, saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps and mudflats. (Coastal Act/30121).
Wetland restoration projects —
a plan or proposal to restore wetland areas to their natural functioning capability.
Window —
an opening which is in a wall of a building, designed to allow light and/or ventilation into the building, enclosed by casement or sash and contains glass or other similar transparent or semitransparent material.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 97-05, 9/9/97; Ord. 98-06, 9/22/98)

§ 9.75.240 "X" Definitions and Illustrations.

Xeriscape —
landscaping characterized by the use of vegetation which is drought-resistant or low water use in character.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.250 "Y" Definitions and Illustrations.

Yard —
an open space on a developed lot that is unoccupied or unobstructed from the ground upwards, and when a yard dimension is given it represents the minimum horizontal distance between the lot line from which the distance must be measured and a line parallel to the lot line.
Yard, exterior side —
an area bounded by the required front yard or, where there is no required front yard, the front lot line; the rear lot line, the side street lot line, or the existing or ultimate right-of-way (whichever is greater); and a structural setback line parallel thereto. The measured distance of the yard shall represent the shortest distance between the exterior side lot line and that portion of the main building nearest to the exterior side lot line.
Yard, front —
the open space extending across the full width of the front of the lot, the depth of which is the horizontal distance between the front lot line and a line parallel thereto on the lot.
Yard, interior side —
an area bounded by the required front yard or, where there is no required front yard, the front lot line; the required rear yard or, where there is no required rear yard, to the rear lot line; the interior side lot line and a structural setback line parallel thereto. The measured distance of the yard shall represent the shortest distance between the interior side lot line and that portion of the main building nearest to the interior side lot line.
Yard, rear —
the open space extending across the full width of the rear of lot, the depth of which is the horizontal distance between the rear lot line and a line parallel thereto on the lot.
Yard, side —
the space between the main building and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the main building nearest the line from which the measurement is taken.
_V2--Image-38.tif
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.75.260 "Z" Definitions and Illustrations.

Zero lot line —
the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a side lot line.
Zone change —
a change to the zoning designation or a property or properties on the Zoning Map.
Zone text amendment —
a revision, correction or modification to the text of the Zoning Code, including changes to development standards, use regulations or procedures.
Zoning district —
a specifically delineated area or district within a municipality in which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
Zoning map —
the map or maps which are a part of the Code and delineate the boundaries of zone districts.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94)

§ 9.75.270 Definitions of Use.

The following terms are utilized in the use charts for Chapters 9.09 through 9.23 and are defined here for reference.
Accessory dwelling unit —
shall mean an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multiple family dwelling is or will be situated. An accessory dwelling unit also includes the following: (1) an efficiency unit; and (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code.
Accessory living quarters —
shall mean living quarters within the primary structure or an accessory structure for the sole use of persons employed on the premises, relatives or guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.
Administrative office uses —
shall mean establishments which provide administrative, consulting, management, and general services to businesses and individuals. Typical uses would include, but not be limited to, offices of real estate agents, insurance agents, banks and other financial institutions, security and commodity brokers, employment agencies, public utilities, telephone answering services and travel agents.
Adult bookstore —
shall mean any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Adult cabaret —
shall mean a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Adult day care facility —
shall mean any facility which provides nonmedical care to persons 18 years of age or older who are 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 24-hour basis.
Adult day health care —
shall mean any organized day program of therapeutic, social, and health activities and services provided pursuant to the Health and Safety Code, Chapter 3.3, to elderly persons with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self-care.
Adult day health center —
shall mean a facility which provides adult day health care, or a distinct portion of a licensed health facility in which such care is provided by a specialized unit.
Adult entertainment business —
shall mean any business establishment or concern which as a regular and substantial course of conduct performs as an Adult Bookstore, Adult Theater, Adult Motion Picture Arcade, Adult Cabaret, Stripper, Adult Model Studio, Adult Motel/Hotel; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Adult Entertainment Business" does not include those uses or activities, the regulation of which is preempted by state law. "Adult Entertainment Business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in lingerie or similar attire which does not opaquely cover specified anatomical parts. For the purposes of this Section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
1.
The area devoted to sexually oriented merchandise and/or sexually oriented material exceeds more than 25 percent of the total display area or floor space area open to the public;
2.
The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts on any ten or more days in a thirty consecutive day period;
3.
Twenty percent of the businesses revenues are derived from the provisions of services or merchandise characterized by an emphasis on specified sexual activity or specified anatomical parts.
Adult hotel/motel —
shall mean a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts and which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases or lets any room more than once in a 24-hour period and which advertises the availability of any of the above.
Adult model studio —
shall mean any premises where as a regular and substantial course of conduct, there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts for the purpose of being observed or viewed by any person or being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped before any person who pays a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult Model Studio shall not include any Live Art Class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code.
Adult motion picture arcade —
shall mean any business establishment or concern which as a regular and substantial course of conduct provides, for a fee, the use of manually or electronically controlled still, motion picture or video machines, projectors, computer generated or displayed images or other image producing devices which serve less than five persons at any one time and are maintained to display images distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Adult motion picture theater —
shall mean a business establishment or concern with one or more viewing rooms with the capacity for 50 or more persons which, as a regular and substantial course of conduct, presents for any form of consideration films, motion pictures, videos, slide photographs, computer generated or displayed images or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
Adult mini-motion picture theater —
shall mean a business establishment or concern with one or more viewing rooms with the capacity of more than five, but less than 50 persons, where, for any form of consideration, films, motions pictures, videocassettes, slides, computer generated or displayed images or similar graphic reproductions are shown and material whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation is shown on any ten or more days in a thirty consecutive day period.
Agriculture —
shall mean the use of land for the growing plants, flowers, shrubs, trees and/or truck crops. All such uses shall be conducted out-of-doors (no greenhouses) and shall not include any on-site retail sales of agricultural products.
Alcoholic beverage outlet, off sale —
shall mean any establishment wherein alcoholic beverages are sold, served or given away for consumption off the premises, including, but not limited to, any facility which is applying for or has obtained a Type 20 or 21 license from the California Department of Alcoholic Beverage Control.
Alcoholic beverage outlet, on sale —
shall mean any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises, including, but not limited to, any facility which is applying for or has obtained a Type 41, 42, 47, 48, 51, 52 or 53 license from the California Department of Alcoholic Beverage Control.
Animal hospital —
shall mean a facility where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment and the accessory use of the premises as a kennel where animals or pets are boarded for compensation.
Animal shelter —
shall mean a facility providing short-term and long-term boarding for stray animals which may include services such as pet adoption, spay/neuter clinics and the reunion of pets and their owners.
Athletic field —
shall mean a field established for non-professional recreational activities such as youth sports and adult recreational leagues.
Automotive sales or rental uses —
shall mean establishments which offer motor vehicles, including automobiles, trucks, motorcycles and recreational vehicles such as motorhomes, boats or watercraft, for sale, lease or rent. Typical uses would include, but not be limited to, new or used automobile dealerships, car/truck rental agencies, motorcycle dealerships and recreational vehicle dealers. Such uses may also include accessory repair and service uses.
Automobile wrecking —
shall mean the dismantling or wrecking of one or more used motor vehicles or trailers; or storage, sale or dumping of one or more dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
Bed and breakfast inn —
shall mean a large single-family dwelling unit, sometimes a small hotel, which provides lodging and breakfast for temporary overnight occupants for compensation.
Body painting studio —
shall mean any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in terms of "specified anatomical areas."
"Building materials sales and service uses" —
shall mean establishments that provide retail sales of materials and services for building construction, remodeling or repair and maintenance of home and garden. Typical uses would include, but not be limited to, lumber yards, interior design shops, cabinet shops, carpet sales, garden supply stores, nurseries, pool supply and equipment sales, glass and mirror sales, home improvement centers, paint and wallpaper stores, tile sales and drapery sales.
"Business service uses" —
shall mean establishments which provide goods or services primarily to businesses on a retail or wholesale basis. Typical uses would include, but not be limited to, office products and supply stores, parcel/postal services, computer sales and service, and courier/messenger services.
Camp, public —
shall mean a plot of ground upon which two or more campsites are located and which is established or maintained for use by the general public as temporary living quarters for recreation, education or vacation purposes.
Caretaker's residence —
shall mean a dwelling unit accessory to the principal use on a site and intended for occupancy by a caretaker, security guard, worker, or similar person generally requiring residence on the site.
Cemetery —
shall mean property which is used for the interring of the dead, including a columbarium and/or mausoleum.
Child day care facility —
shall mean a facility which provides nonmedical care to children under 18 years of age 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 24-hour basis. This includes day care centers and family day care homes.
Church —
shall mean an assemblage of people for worship or an institution facilitating worship, which may include personal counseling and education, and the building or buildings where such activities take place.
"Civic uses" —
shall mean publicly or privately owned and managed facilities for meetings, conventions or exhibitions and other community, social and multi-purpose uses. Typical uses would include, but not be limited to, City administrative offices, community halls, convention centers, animal shelters, police stations, post offices, and governmental offices.
"Clinical service uses" —
shall mean establishments which provide physical and mental health services on an out-patient basis. The services may be of preventative, diagnostic, treatment, therapeutic, rehabilitative or counseling nature. Typical uses would include, but not be limited to, medical and health clinics, chiropractic/physical therapy clinics, counselling services and emergency care centers.
"Commercial entertainment uses" —
shall mean establishments which provide facilities for entertainment for compensation. Typical uses would include, but not be limited to, video game rooms, movie theaters, arcades, batting cages, skating rinks, shooting galleries, miniature golf courses, and bowling alleys.
"Commercial recreation uses" —
shall mean establishments which provide facilities for recreational amusement, pleasure or sport. Typical uses would include, but not be limited to, bicycle rentals, billiard parlors, boat rentals, dance studios, golf courses, health and athletic clubs and youth clubs.
Communal housing —
shall mean housing for non-family groups with common kitchen and dining facilities but without medical, psychiatric or other care including boarding houses, lodging houses, dormitories, fraternity/sorority houses, communes, and religious homes.
Community apartment project —
a shall mean a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.
Community care facility —
shall mean any facility, or building which is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes residential facilities, adult day care facilities, day treatment facilities, foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, and social day care facilities.
Community center —
shall mean a facility which provides recreational, cultural or other similar community activities.
Community treatment facility —
shall mean any residential facility which provides mental health treatment services to children in a group setting.
"Construction and maintenance service uses" —
shall mean establishments which serve as the administrative and business office of a contractor engaged in construction or maintenance activities being performed off-site. Company vehicles, excluding construction equipment, may be stored outside, but associated equipment and supplies must be stored in a completely enclosed building or an approved off-site storage yard. Typical uses would include, but not be limited to, construction companies, carpentry services, electrical contractors, handyman services, janitorial services, home and business maintenance services, painting contractors, pest control services, tree surgeons, landscape maintenance services, and plumbing contractors.
Congregate care facility —
shall mean apartment housing, usually for senior citizens, which is arranged in a group setting that includes independent living and sleeping accommodations in conjunction with shared dining and recreational facilities.
Congregate living health facility —
shall mean a facility with a noninstitutional, home-like environment which provides inpatient care, including medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social and recreational services, and at least one type of service specified in Section 1250, paragraph (i) of the Health and Safety Code.
Convalescent facility —
shall mean a State licensed facility which provides long term nursing, dietary, and other medical services except surgery or primary treatments customarily provided in a hospital, to convalescents or invalids.
"Cultural uses" —
shall mean establishments involved in the collection and exhibition of objects or the performance of works having literary, artistic, historic, natural historic, musical, and/or scientific value for public appreciation. Typical uses would include, but not be limited to, public art galleries, museums, libraries, auditoriums, performance halls, amphitheaters and live arts theaters.
Dance hall/club —
shall mean a public hall which is primarily intended for dancing.
Day care center —
shall mean a facility which provides non-medical care to children under 18 years of age 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 24-hour basis. Family day care homes are further divided into the following categories: Small (up to six children) and large (seven or more children). Day care facilities include family day care homes, infant centers, pre-schools, and extended day care facilities.
Day treatment facility —
shall mean any facility which provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care.
Drinking establishment —
shall mean establishments which serve alcoholic beverages such as beer, wine, and liquor for on-site consumption, also known as an Alcoholic Beverage Outlet, On-Site. Typical uses would include, but not be limited to, restaurants that serve alcoholic beverages, bars, pubs, taverns, nightclubs and cocktail lounges.
Drive-through uses —
shall mean establishments which include facilities for the provision of goods, services or food to persons who are occupants of a motor vehicle. Typical uses would include, but not be limited to, banks, dairies, or laundries with window service.
Drug abuse recovery or treatment facility —
shall mean any facility, place, or building which is maintained and operated exclusively to provide 24-hour residential nonmedical services in a group setting to adults, which may include, but need not be limited to, mothers under 18 years of age and their children, who are recovering from alcohol, drug, or drug and alcohol misuse and are currently capable of meeting their life support needs independently, but who temporarily need guidance, counseling, or other alcohol or drug recovery services.
Dwelling, duplex —
shall mean a structure or structures designed to contain two dwelling units on one lot under single or separate ownership.
Dwelling, multiple family —
shall mean a structure or structures designed to contain three or more dwelling units on one lot under a single or separate ownership.
_V2--Image-39.tif
Dwelling, single family detached —
shall mean a structure designed to contain one dwelling unit on one lot under single ownership.
Eating establishment, bona fide —
shall mean a licensed premises which is maintained in good faith and used for the regular service of meals to patrons which does not contain a separate bar or lounge area. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day.
Educational uses —
shall mean establishments, public or private, which provide formal academic, artistic or athletic training. Typical uses would include, but not be limited to, art schools, martial arts schools, dance schools, day care centers, gymnastics schools, technical schools, vocational schools and university/college extension programs or satellite facilities.
Emergency shelter —
shall mean 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.
Employees' quarters —
shall mean living quarters within the primary structure or within a detached accessory structure intended for the sole occupancy of persons employed on the premises, which may include a separate kitchen or cooking facilities, and which shall not be rented or otherwise used as a separate dwelling unit.
Equestrian facility —
shall mean a structure or area provided for the use of and activities involving horses, mules, donkeys, or ponies.
Escort agency —
shall mean any person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Family day care home —
shall mean a home which regularly provides care, protection, and supervision of 12 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away. This includes Large and Small Family Day Care Homes.
Family day care home, large —
shall mean a home which provides family day care to seven to twelve children, including children who reside in the home.
Family day care home, small —
shall mean a home which provides family day care to one to six children, including children who reside in the home.
"Food service uses, specialty" —
shall mean establishments which prepare and serve a limited menu of specialty foods or beverages, generally not considered to be meals, for consumption either on or off the premises. Typical uses would include, but not be limited to, candy stores, bakeries, delicatessens, donut shops, sandwich shops, ice cream/yogurt shops and coffee houses.
Fortune-telling —
shall mean the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty, or force, including, but not limited to, clairvoyancy, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature. Fortune-telling for pay shall mean for a fee, reward, donation, loan, or receipt of anything of value.
Foster family home —
shall mean any residential facility providing 24 hour care for six or fewer foster children which is owned, leased, or rented and is the residence of the foster parents, including their family, in whose care the foster children have been placed.
Furniture store —
shall mean establishments consisting primarily of the display and retail sale of interior furnishings for home and office. Typical uses would include, but not be limited to, large appliances, floor coverings, wall coverings, window coverings, bedding and linens, kitchen and bath fixtures and lamps and lighting fixtures.
Group dwelling —
shall mean the residential occupancy of a structure by groups of more than five persons who are not related by blood, marriage or adoption, on a weekly or longer basis under a common housekeeping plan or as members of a structured organization. Typical uses would include, but not be limited to, retirement homes, boarding houses and lodging houses.
Group home —
shall mean any residential care facility for six or fewer persons which is licensed by the State.
Hazardous waste facility —
shall mean any facility defined pursuant to Health and Safety Code 25117.1.
Heavy industrial uses —
shall mean establishments which involve the processing, manufacturing and use of natural resources, raw materials, primary metals or alloys, chemicals, petroleum and petroleum byproducts. Typical uses would include, but not be limited to, the manufacture and/or assembly of boats, carpeting and rugs, cellophane products, ceramic products, chemicals, clay products, corrugated paper products, die casting, fuel storage, electric motors, enamel products, engines, glass, heating equipment, metal electroforming/coating, metal products and casting, paint, paper product, petroleum products, plastics and plastic products, prefabricated buildings, rubber products, tire retreading, steel fabrication, steel and sheet metal products, tile, or wire, and sand and gravel yards, or automotive salvage or wrecking yards.
Home occupation —
shall mean a commercial activity conducted solely by the occupants of a particular dwelling unit in a manner incidental to and indistinguishable from residential occupancy.
Hospital —
shall mean an institution designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.
Hospital, acute psychiatric —
shall mean a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides 24 hour inpatient care for mentally disordered, incompetent, or other patients referred to in Division 5 or Division 6 of the Welfare and Institutions Code. Such care shall include, but need not be limited to the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services.
Hospital, chemical dependency recovery —
shall mean a health facility which provides 24 hour inpatient care for persons who have a dependency on alcohol or other drugs, or both alcohol and other drugs. Such care shall include, but not be limited to, the following basic services: patient counseling, group therapy, physical conditioning, family therapy, outpatient services, and dietetic services.
Hospital, general acute care —
shall mean a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides 24 hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services.
Hospital, special —
shall mean a specialized health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff which provides inpatient or outpatient care in dentistry or maternity.
Hotel —
shall mean a structure or group of structures containing six or more guest rooms or suites offering transient lodging accommodations to the general public, with most rooms gaining access through a common lobby and an interior hallway(s). Such a facility may include incidental services that customarily are provided by a hotel such as food service, recreational facilities, retail services provided for the convenience of hotel guests and banquet, reception, and meeting facilities.
Institutional uses —
shall mean establishments of a non-profit or quasi-public use status. Typical uses include, but are not limited to, libraries, public or private schools, hospitals, municipally owned or operated buildings, structures or lands used for public purposes.
Intermediate care facility —
shall mean a health facility which provides inpatient care to ambulatory or non-ambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care.
Junior accessory dwelling unit —
shall mean a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
Kennel —
shall mean any lot or property where four 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, bred, or trained.
Light industrial uses —
shall mean establishments which are quiet, non-polluting operations wholly contained within a structure or screened from public view. Typical uses would include, but not be limited to, the manufacture, assembly, processing or production of apparel and garments, brushes, cameras, candy/confectionery, canvas products, clocks, computers, cutlery, dental equipment, drugs and pharmaceuticals, foods, electronics, glass (edging and beveling), jewelry, medical equipment, musical instruments, optical products, orthopedic devices, precision instruments, scientific instruments, and watches.
Live art class —
shall mean any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least 24 hours in advance of participation in the class.
Live entertainment uses —
shall mean establishments which provide the facilities and environment for entertainment, including any act, play, revue, pantomime, scene, dance act, or song and dance act, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance. Typical uses would include, but not limited to, dance halls, dinner theaters, discotheques, nightclubs, playhouses, theaters and restaurants with dance floors.
Major automotive uses —
shall mean establishments which provide major repair and maintenance related to motor vehicles. Typical uses would include, but not be limited to, auto body repair shops, auto glass shops, automotive painting shops, customizing shops, engine rebuilding, speed shops and transmission shops.
Marine uses —
shall mean establishments which provide goods and services, on a retail or wholesale basis, for marine related activities. Typical uses would include, but not be limited to, boat rental, boat storage, fishing supply stores, surfboard sales and repair, scuba equipment sales and service, marine supply sales, sail making and repair and jet ski repair.
Massage establishment —
shall mean any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture, or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on for consideration, massages, baths, or health treatments involving massages, or baths as regular functions.
Medical office uses —
shall mean establishments which provide medical services to individuals. Typical uses would include, but not be limited to, offices of doctors, dentists, chiropractors and veterinarians.
Medium industrial uses —
shall mean establishments which involve moderately intensive industrial operations. Typical uses would include, but not be limited to, the manufacture, packing, processing, or assembly of abrasives, adhesives, appliances, audio/visual products, automotive parts, beverage production, bicycles, books, cabinets, candles, cork products, cosmetics, film, electrical appliances, electrical or neon signs, floor covering, fur products, furniture, ink, leather, mattresses, sash and doors, seafood, shoes, soap, textiles, toiletries, tools, toys, window shades, and wood products and shall include welding and machine shops, bottling plants, breweries (not including micro-breweries) and dry cleaning plants.
Membership organizations —
shall mean establishments which provide facilities for the meeting and activities of members of philanthropic, social, business or fraternal organizations, but excludes those customarily carried on as businesses. Typical uses would include, but not be limited to, union halls, fraternities and sororities, boys and girls clubs, and lodge halls.
Minor automotive uses —
shall mean establishments which provide routine care and maintenance related to motor vehicles. Typical uses would include, but not be limited to, brake shops, tire stores, muffler shops, alignment shops, car washes (full service or self service), detail shops, radiator shops, upholstery shops, service stations, stereo installation shops, tune-up services and oil and lubrication services.
Minor repair service uses —
shall mean establishments which provide service and repair of appliances and other similar utility items for business and personal uses. Typical uses would include, but not be limited to, fix-it shops, jewelry and watch repair, household appliance repair, locksmith shops, stereo and television repair and upholstery shops.
Mixed use center —
shall mean a combination of certain types of retail, office, residential and light industrial uses which, because of the nature of their operation or access and space needs, are compatible and can be located within a common development area.
Mobilehome —
shall mean a structure which is transportable in one or more sections, designed and equipped to contain not more than two dwelling units, to be used with or without a foundation system. Mobilehome does not include a recreational vehicle, commercial coach, or factory-built housing.
Mobilehome park —
shall mean any area or tract of land where two or more spaces are permitted to be rented or leased or held out for rent or lease to accommodate two or more manufactured homes or mobilehomes used for human habitation.
Mobilehome subdivision —
shall mean any mobilehome park where spaces are owned instead of rented, leased or held out for rent.
Motel —
shall mean an establishment otherwise defined as a hotel with at least 25% of all rooms having direct access to the parking areas without the necessity of passing through the main lobby of the building.
Nursery —
See "Building Materials Sales and Service Uses."
Open space —
shall mean any parcel or area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment.
"Open space uses" —
shall mean land which will remain essentially undeveloped and provide for preservation of an environment suitable to wildlife and flora indigenous to the area as well as an environment for food production, outdoor recreation and facilities for the public benefit. Typical uses would include, but not be limited to, beaches, coastal bluffs, riparian areas, and slope areas.
"Park, public" —
shall mean an open space area intended for public recreation use which is operated by a public agency.
"Performer" —
shall mean any dancer, model, entertainer, and/or other person who publicly performs any specified sexual activities or publicly display any specified anatomical part in adult entertainment businesses.
"Personal service uses" —
shall mean establishments which provide services to an individual related to personal care and appearance, or the cleaning or repair of personal effects, excluding motor vehicles. Typical uses would include, but not be limited to, antique restoration, barber shops and beauty salons, cosmetologists (including incidental facial and scalp massage) mortuaries and funeral parlors, shoe repair, dry cleaning, laundromats, reducing salons, nail salons, tailors, and pet grooming. Massage therapy, and similar such uses, may be considered a personal service use provided that the massage services are administered by a medical practitioner, chiropractor, acupuncturist, acupressurist, or physical therapist appropriately licensed by the State of California.
"Photographic, reproduction and graphic service uses" —
shall mean establishments which provide services involving technical skills, training or talents for the reproduction of printed, graphic or audio/visual materials for businesses, individuals or the general public. Typical uses would include, but not be limited to, printing establishments, blueprint companies, lithographic services, motion picture studios, photographic studios, photographic laboratories, photocopy companies, radio/televisions studios and recording studios.
"Professional office uses" —
shall mean establishments which provide professional or technical services to businesses and individuals. Typical uses would include, but not be limited to offices of accountants, architects, accountants, designers, engineers, interior decorators, landscape architects, photographers and planners.
"Public land uses" —
shall mean land and/or facilities owned, operated and maintained by public agencies for the use and enjoyment of the general public. Typical uses would include, but not be limited to, beaches, parks and open space.
"Public utility uses" —
shall mean a business organization, such as a public service corporation, performing or providing some public service subject to special governmental regulations, usually a protected monopoly. Typical uses would include, but not be limited to, public utility buildings, structures or facilities for the provision of sewer, water, telephone, gas, electric, or television cable service, city or county maintenance/utility service yards, communication equipment buildings, electrical distribution and transmission substations, microwave antenna/tower, natural gas distribution and control stations, public utility service yards, radio/television transmitters, sewage treatment plants, telephone repeater stations and water treatment and distribution facilities.
"Recreational uses" —
shall mean establishments providing active or passive recreational activities and their incidental support facilities. Typical uses would include, but not be limited to, athletic clubs, health clubs, dance studios, game courts, golf courses, golf driving ranges, gymnasiums, swimming pools, private or public recreational facilities and parks.
"Recreational vehicle park" —
shall mean an area used or intended to be used for camping by recreational vehicles.
"Recycling facility" —
shall mean any center for the collection of recyclable materials. A recycling facility does not include temporary storage containers on property used solely for the recycling of material generated by the approved uses on that property. Recycling facilities include reverse vending machines, small collection recycling facilities, mobile recycling units and large collection recycling facilities. With the exception of reverse vending machines, a recycling facility may only be located within an established convenience zone.
"Religious uses" —
shall mean establishments which provide facilities for public assembly involving worship and ceremonies that pertain to a system of religious beliefs. Typical uses would include, but not be limited to, churches, synagogues and temples.
"Research and development uses" —
shall mean establishments which provide facilities for testing, investigating or evaluating natural or physical elements or social sciences and include engineering and development activities with the objective of creating end products. Typical uses would include, but not be limited to, research, design or testing laboratories for aeronautics, automobiles, computer products development, controls, engineering services, materials testing, medical/dental, and electronics.
Residential care facility for the elderly —
shall mean a housing arrangement for more than six persons voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. A residential care facility for the elderly that does not serve six or more persons does not meet the definition of residential care facility for the elderly set forth in this section but may qualify as a group home if licensed by the State.
Residential facility —
shall mean any family home, group care facility, or similar facility for more than six persons determined by the State Director of Social Services, established for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. A residential facility that does not serve six or more persons does not meet the definition of residential care facility set forth in this section but may qualify as a group home if licensed by the State.
Restaurant —
shall mean an establishment which prepares and sells foods and/or beverages for immediate consumption, including but not limited to, dining rooms, cafes, cafeterias, coffee shops, and pizza parlors.
Restaurant, drive-through —
shall mean a restaurant which includes one or more drive-through lanes for the ordering and receipt of foods and/or beverages by patrons remaining in their vehicles.
Restaurant, fast food —
shall mean a restaurant whose principal business is the sale of a pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either on or off the premises.
Restaurant, take-out —
shall mean a restaurant where foods and/or beverages are sold directly to the customer in a ready to consume state for consumption off-site. A take-out restaurant provides no more than four tables and 16 seats, either inside or outside, for on-site consumption.
Restaurant, walkup —
shall mean a restaurant where the serving and consumption of foods and/or beverages is made available to patrons outside the confines of a building. A walkup restaurant provides only a limited amount of seating (up to 16 seats) for on-site consumption.
Retail sales uses —
shall mean establishments which provide general retail sales of goods and services for the community at large. Typical uses would include, but not be limited to, antique sales, appliance sales and repair, art supplies, automotive parts stores, bicycle sales and service, book stores, camera sales and service, clock sales, clothing sales, coin and stamp sales, computer and electronics stores, convenience stores, department stores, drug stores, feed and grain stores, fishing supply stores, florist shops, furniture sales, gift shops, grocery and food stores, gun shops, hardware stores, hobby shops, jewelry stores, liquor stores, machine and tools sales, medical/dental equipment sales, music stores, newsstands, optical products sales, pawnshops, pet shops and pet supply stores, commercial animal rescue shops, photo finishing and photo supply stores, shoe stores, sporting goods stores, stationery stores, television/stereo sales, toy stores and video sales/rental stores.
Sanitarium, health —
shall mean an institution where patients, other than the mentally disoriented or mentally incompetent, are housed and where medical or post-surgical treatment is provided.
Sanitarium, mental —
shall mean an institution for the recuperation and treatment of the mentally disordered or the mentally incompetent victims of drug addiction.
Sanitary sewer facility —
shall mean any facility used in the treatment, disposal, collection, reclamation, reuse or any other use commonly accepted in industry practice in the handling of raw sewage.
Senior citizen housing —
shall mean licensed housing for persons 62 years of age or older, or unlicensed housing for persons 55 years of age or older, including such housing facilities as retirement villas, apartments, condominiums, etc., but not including state licensed rest homes, group homes, convalescent hospitals, etc., which are regulated by other provisions of this Code.
Senior congregate care housing —
shall mean a structure(s) providing residence for senior citizens (60 years of age or older) with separate bedroom(s) and/or living quarters and including a central or private kitchen, dining, recreational, and other accessory facilities.
Sexually-oriented material —
shall mean any element of sexually-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, or other written, oral, or visual representation characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts. This definition also includes, but is not limited to, sexual novelties depicting, designed or shaped as specified anatomical parts or which depict specific sexual activities.
Sexually-oriented merchandise —
shall mean sexually-oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
Single room occupancy —
shall mean a cluster of guest units within a residential hotel for weekly or longer tenancy providing sleeping or living facilities for one person per unit, in which sanitary facilities may be provided within the units, and cooking facilities may be shared within the hotel.
Skilled nursing facility —
shall mean a health facility which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.
Small family home —
shall mean any residential facility providing 24 hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
Social day care facility —
shall mean a community based group program designed to meet the needs of functionally impaired adults through an individual plan of care in a structured comprehensive program that provides a variety of social and related support services in a protective setting on less than a 24 hour basis.
Social rehabilitation facility —
shall mean any residential facility which provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling.
Solid waste disposal facility —
shall mean any authorized facility or location where disposal of solid waste occurs.
Specified anatomical parts —
shall mean:
a. 
Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast below a point immediately above the top of the areola; or
b. 
Exposed human male genitals or human male genitals in a discernibly turgid state, regardless of whether they are completely and opaquely covered.
Specified sexual activities —
shall mean:
a. 
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
b. 
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
c. 
Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; 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 sexually-oriented contact with an animal by a human being; or
g. 
Human excretion, urination, menstruation, vaginal or anal irrigation; or
h. 
Striptease; or any act involving the public removal of clothing to the point where specified anatomical parts are displayed; or the public appearance of any person in a state where specified anatomical parts are displayed, or the public appearance of any person where specified anatomical parts are only covered by attire commonly referred to as pasties or a G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. For the purposes of this definition, appearance in "public" shall include a situation when a single employee, agent or other non-patron of the adult entertainment business is in the presence of a single patron of the adult oriented business.
Stable, private —
shall mean an accessory structure for the keeping of equine animals including horses, mules or ponies for the exclusive use of the occupants of the premises.
Stable, public —
shall mean a structure for the keeping of equine animals including horses, mules or ponies, which are boarded for compensation.
Storage yard uses —
shall mean establishments where construction materials and/or equipment are stored within an enclosed building or properly screened yard. Typical uses would include, but not be limited to, automobile/RV storage, contractor storage yards, equipment sales and rentals, equipment storage, garden equipment sales and storage yards, heating/ventilation/air conditioning equipment storage yards, impound yards, machinery storage yards, plumbing supply yards and truck storage.
Supportive housing —
shall mean housing with no limit on length of stay, that is occupied by the target population and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Swap meet —
shall mean any indoor or outdoor place, location, or activity where, on a temporary, intermittent or otherwise non-permanent basis, new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of 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, open air markets, sidewalk sales, farmers markets, or other similarly named or labeled activities, but the term does not include normal intermittent and incidental retail operations of supermarkets or department stores.
Tattoo parlor —
shall mean any premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use.
Transitional housing and transitional housing development —
shall mean buildings configured as rental housing development, 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.
Transportation uses —
shall mean establishments which provide local and regional passenger transportation by bus, boat or rail with terminal facilities. Typical uses would include, but not be limited to, bus stations, ferry service facilities, train stations and park and ride facilities.
Video arcades or game rooms —
shall mean establishments which provide six or more video games, virtual reality devices or computers for the use and enjoyment of the general public.
Warehousing and storage uses —
shall mean establishments which provide facilities for the storage of trade goods, personal goods, or service products and equipment in an enclosed structure. Typical uses would include, but not be limited to, cold storage plants, freight terminals, moving and storage facilities, parcel delivery services, warehouses, and mini-warehouses.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-02, 1/11/94; Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-10, 8/13/96; Ord. 03-06, 4/9/03; Ord. 03-07, 4/9/03; Ord. 10-06, 5/24/10; Ord. 12-02, 1/31/12; Ord. 23-08, 12/5/2023; Ord. 25-02, 2/4/2025)