For the purpose of this title, certain terms and words are herewith defined as follows in this chapter.

(Ord. 319 § 1(part), 1987)

"Accessory building" means a detached building located on the same lot with the principal (main) building, the use of which is normally incidental and entirely secondary to that of the principal building. Guest rooms without cooking facilities shall be deemed accessory buildings.

(Ord. 319 § 1(part), 1987)

"Agent of owner" means any person who can show written proof that he is acting for the property owner.

(Ord. 319 § 1(part), 1987)

"Alley" means a public thoroughfare less than thirty feet in width, which affords only a secondary means of access to abutting property.

(Ord. 319 § 1(part), 1987)

The city council shall be the "appeal board" for appeals from the decisions of the planning commission. The planning commission shall be the "appeal board" for appeals from the decisions of the staff or the zoning administrator.

(Ord. 319 § 1(part), 1987)

"Large assemblages of people" means gatherings, events, parades, shows, theatrical events, religious events and the like, if attracting more than fifty people shall be defined as a large assemblage of people.

(Ord. 319 § 1(part), 1987)

"Auto dismantling and wrecking establishments" means the business of dismantling or wrecking of used motor vehicles or trailers and sale of parts.

(Ord. 319 § 1(part), 1987)

"Basement" means a story partly or wholly underground. See "Story," Section 17.08.360.

(Ord. 319 § 1(part), 1987)

"Boarding or rooming house" means a dwelling where rooms are rented to paying guests, who may be provided with meals. The term boarding house shall include rooming house.

(Ord. 319 § 1(part), 1987)

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

(Ord. 319 § 1(part), 1987)

"Height of building" means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof excluding chimneys, elevators, ventilation and air conditioning equipment, and parapet walls.

(Ord. 319 § 1(part), 1987)

"Building inspector" or "building official" means the city manager or his duly authorized representative charged with the administration and enforcement of the building code.

(Ord. 319 § 1(part), 1987)

"Retail business" means the retail sale of any article, substance, or commodity for profit or livelihood conducted within a building including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind.

(Ord. 319 § 1(part), 1987)

"Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, including the handling of lumber or other building materials or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance.

(Ord. 319 § 1(part), 1987)

"Cabana" means a mobile home or swimming pool accessory building or structure which is any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence windbreak, or porch established or located within six feet of a mobile home or swimming pool.

(Ord. 319 § 1(part), 1987)

"Catering" means the business of providing food and/or food service for offsite consumption. Catering may be classed as a home occupation if all requirements for conducting such business as a home occupation are satisfied. See Sections 17.68.060 and 17.68.100.

(Ord. 319 § 1(part), 1987)

"City council" means the city council of the city of Farmersville.

(Ord. 319 § 1(part), 1987)

"City manager" means the administrative head of the government of the city under the direction and control of the city council. See Section 2.08.060.

(Ord. 319 § 1(part), 1987)

"Commission" means the planning commission of the city.

(Ord. 319 § 1(part), 1987)

"Condominium" means real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a multi-unit building on the real property.

(Ord. 319 § 1(part), 1987)

"Construction office" or "job shack" means a temporary structure or trailer placed on or adjacent to a project site for the duration of construction. The term may include a construction materials yard.

(Ord. 319 § 1(part), 1987)

"Court" means an open unoccupied space, on the same lot with a building or buildings and bounded on two or more sides by such building or buildings.

(Ord. 319 § 1(part), 1987)

"Crop and tree farming" means the raising of, but not the sale on the premises of, any form of vegetation for profit.

(Ord. 319 § 1(part), 1987)

"Day care center" means a facility licensed to regularly provide care, protection and supervision for children under twelve years of age and under in a facility which is not the provider's home.

(Ord. 338 § 1, 1989: Ord. 319 § 1(part), 1987)

"Dead storage" means the nonhabitation non-use of any trailer, trailer coach, mobile home or motor home. Trailers, trailer coaches, mobile homes or motor homes in dead storage can not be connected in any manner to any utility.

(Ord. 319 § 1(part), 1987)

"Density" means the ratio between dwelling units and land, expressed as the number of dwelling units per acre, or as square feet of land required per dwelling unit.

(Ord. 319 § 1(part), 1987)

A density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and the land use element of the general plan as of the date of application. Density bonus percentages may range from five to thirty-five percent depending upon the percentage of low-income, very low-income, moderate-income housing units or large family housing units proposed for construction by a housing developer.

(Ord. No. 467, § 1, 2-9-2015)

"Design guidelines" means a set of guidelines (referred to as the "Farmersville Design Guidelines) adopted by the city council that complement the standards of the zoning ordinance. The design guidelines are intended to be administered in a flexible manner to help achieve a higher level of design quality with development projects in Farmersville.

(Ord. No. 464, § 1, 7-28-2014)

1.

Reduce or eliminate standards contained in the subdivision ordinance or Farmersville's Improvements Manual.

2.

Reduce or eliminate residential zone district requirements, including open space, lot size, setbacks, or parking standards.

3.

Reduce or eliminate any design requirements exceeding Uniform Building Code specifications.

(Ord. No. 467, § 1, 2-9-2015)

"Disabled person" means a person who has a medical, physical, or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term disabled person does not include a person who is currently using illegal substances, unless he or she has a separate disability.

(Ord. No. 470, § 1, 9-26-2015)

Editor's note— Ord. No. 470, § 1, adopted September 26, 2015, set out provisions intended for use as § 17.08.106. For purposes of classification, and at the editor's discretion, these provisions have been included as § 17.08.107a.

"Dish antenna" means a satellite earth station consisting of:

A.

An antenna whose purpose is to receive communications or other signals from orbiting satellites or other extraterrestrial sources;

B.

A low-noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify and transmit signals; and

C.

A coaxial cable who purpose is to carry the signals from the station to a building.

(Ord. 319 § 1(part), 1987)

See "Zone," Section 17.08.432.

(Ord. 319 § 1(part), 1987)

"Dwelling" means any building or portion thereof designed or used exclusively for residential occupancy.

(Ord. 319 § 1(part), 1987)

"Duplex dwelling" means a building designed for occupancy by two families living independently of each other located on a single parcel of land.

(Ord. 319 § 1(part), 1987)

"Multiple-family dwelling" means a building or portion thereof designed for occupancy by three or more families living independently of each other located on a single parcel of land.

(Ord. 319 § 1(part), 1987)

"Single- family detached dwelling" means a detached building designed exclusively for occupancy by one family.

(Ord. 319 § 1(part), 1987)

"Dwelling group" means a group of two or more detached or semidetached one-family, two-family, or multiple dwellings occupying a parcel of land and having any yard or court in common, but not including automobile courts.

(Ord. 319 § 1(part), 1987)

"Dwelling unit" means one or more rooms and a single kitchen area designed for occupancy by one family for living and sleeping purposes.

(Ord. 319 § 1(part), 1987)

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

(Ord. No. 451, § 1, 7-11-2011)

"Employee housing" means housing as described, defined, and regulated by the Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code. Employee Housing for up to six persons per dwelling is permitted in the R-1 (single-family residential) zone, and in the RM (multiple family residential) zones, subject to density standards of the particular zone. In the UR (urban reserve) zone, employee housing is permitted for up to twelve units or thirty-six beds.

(Ord. No. 451, § 1, 7-11-2011)

A household earning an income that does not exceed thirty percent of the Tulare County median household income.

(Ord. No. 467, § 1, 2-9-2015)

Editor's note— Ord. No. 467, § 1, adopted February 9, 2015, set out provisions intended for use as 17.08.138. To avoid duplication of section numbers, and at the editor's discretion, these provisions have been included as 17.08.139.

"Factory-built home" means a residential building constructed in conformance with the State of California Factory-Built Housing Code. A factory-built home shall not be deemed to include a mobile home or manufactured home as defined in this section.

(Ord. 319 § 1(part), 1987)

"Fair housing laws" means: (1) the federal Fair Housing Act (42 U.S.C. Section 3601 and following) and (2) the California Fair Employment and Housing Act (Government Code Section 12955 and following), including amendments to them.

(Ord. No. 470, § 1, 9-26-2015)

"Family" means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel, as defined in this chapter.

(Ord. 319 § 1(part), 1987)

"Family day care home" means a facility licensed to regularly provide care, protection and supervision for children twelve years of age and under in the provider's home. Up to twelve children may be cared for including the provider's children.

(Ord. 338 § 2, 1989)

"Feather sign" means a sign typically composed of a vertical pole with a fabric banner attached to the pole, which is designed to flap or move in the wind.

(Ord. No. 462, § 1, 3-10-2014)

"Gross floor area" means the total interior floor area of all stories of a building or structure, including basements, as well as aboveground stories, interior balconies and mezzanines.

(Ord. 319 § 1(part), 1987)

"Net floor area" means the total interior floor area of all stories of a building or structure, excluding corridors, hallways, stairways, balconies, breezeways, elevators, restrooms, closets, vaults, garages, carports, and other similar space used by all occupants of a building rather than by any individual occupants.

(Ord. 319 § 1(part), 1987)

"Foster home" means a facility licensed to regularly provide care, protection and supervision to children in the licensee's home on a twenty-four hour basis for varying periods of time. See "Residential care home," Section 17.08.348.

(Ord. 319 § 1(part), 1987)

"Frontage" means the property line of a site abutting on a street.

(Ord. 319 § 1(part), 1987)

"Garage" or "carport" means an accessible and usable covered space of not less than ten feet by twenty feet for storage of automobile, such garage to be so located on the lot as to meet the requirements of this title for an accessory building, or if attached to the main building, to meet all the requirements applicable to the main building.

(Ord. 319 § 1(part), 1987)

"Repair garage" means a building, or portion thereof used for the commercial repair maintenance or painting of motor vehicles.

(Ord. 319 § 1(part), 1987)

"Garage or yard sale" means a sale conducted from any location on the premises of a residence in any kind of residential zone for the purpose of permitting occupants of that residence to dispose of their personal property accumulated during the course of ordinary residential living and to sell the same to the public.

(Ord. 319 § 1(part), 1987)

"Gross acreage" means the gross area of a parcel of land measured to the center lines of abutting streets or alleys.

(Ord. 319 § 1(part), 1987)

"Guest house" means living quarters within an accessory building for use by temporary guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.

(Ord. 319 § 1(part), 1987)

"Habitation" means the use of any building, trailer, trailer coach, mobile home or motor home for the purposes of eating, sleeping, socializing, conducting business, working, assembling of items, sale of goods or for educational purposes.

(Ord. 319 § 1(part), 1987)

"Home occupation" means any accessory use conducted entirely within a dwelling, accessory building or swimming pool, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the residential zone of which it is part. See Section 17.68.060.

(Ord. 319 § 1(part), 1987)

"Hospital" means a facility staffed and equipped to provide various types of hospital care, which is licensed under the provisions of Section 237 or 238, respectively, of Title 17 of the California Administrative Code, or amendments thereto.

(Ord. 319 § 1(part), 1987)

"Hotel" or "motel" means a building or portion thereof or a group of attached or detached buildings containing individual guest rooms or suites where lodging is provided for transients for compensation.

(Ord. 319 § 1(part), 1987)

One or more residential projects that have five or more residential units.

(Ord. No. 467, § 1, 2-9-2015)

"Junk or salvage yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, excepting an auto dismantling and wrecking establishment as defined in this chapter.

(Ord. 319 § 1(part), 1987)

"Landscaping" means plantings, including trees, shrubs, lawn, flowers and ground covers, suitably designed, selected, installed and maintained. May include rock, fountains, pools, screens, walls, fences, benches, walkways and concrete plazas.

(Ord. 319 § 1(part), 1987)

A dwelling that contains at least four bedrooms.

(Ord. No. 467, § 1, 2-9-2015)

"Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

(Ord. 319 § 1(part), 1987)

"Lot" means a parcel of land shown on a subdivision map, parcel map or record of survey map or described by metes and bounds and recorded in the office of the county recorder of Tulare County, and/or a building site in one ownership having an area for a building or buildings, together with such yards, open spaces, lot width, and lot areas as are required by this title, and having frontage upon a public street, road or highway (other than an alley), unless otherwise approved.

(Ord. 319 § 1(part), 1987)

"Lot area" means the total horizontal net area within the lot lines of a lot or parcel exclusive of streets, highways, roads and alleys.

(Ord. 319 § 1(part), 1987)

"Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty five degrees.

(Ord. 319 § 1(part), 1987)

"Lot coverage" means that portion of a lot occupied by any building, structure, or paved areas, excepting walks and swimming pools.

(Ord. 319 § 1(part), 1987)

"Lot depth" means the horizontal distance between the front and rear lot lines measured on the longitudinal center line.

(Ord. 319 § 1(part), 1987)

"Flag lot" means a lot so shaped and designed that the main building site area does not have street frontage, but is connected to the street by a strip of land which is used for access purposes.

(Ord. 319 § 1(part), 1987)

"Interior lot" means a lot other than a corner lot.

(Ord. 319 § 1(part), 1987)

"Key lot" means the first interior lot to the rear of a reversed corner lot.

(Ord. 319 § 1(part), 1987)

"'L' intersection corner lot" means a corner lot at an "L" shaped intersection of two streets where such a corner is located on the interior angle side of the "L" and where said interior angle is not more than one hundred thirty-five degrees.

(Ord. 319 § 1(part), 1987)

"Front lot line" means, in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are complied with.

(Ord. 319 § 1(part), 1987)

"Rear lot line" means a lot line which is opposite and most distant from the front lot line or, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

(Ord. 319 § 1(part), 1987)

"Side lot line" means any lot boundary line not a front lot line or a rear lot line.

(Ord. 319 § 1(part), 1987)

"Reversed corner lot" means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

(Ord. 319 § 1(part), 1987)

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

(Ord. 319 § 1(part), 1987)

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

(Ord. 319 § 1(part), 1987)

A household earning an income between fifty percent and eighty percent of the Tulare County median household income.

(Ord. No. 467, § 1, 2-9-2015)

For the purposes of this title, "manufactured home" is the same as a mobile home as defined in this chapter.

(Ord. 319 § 1(part), 1987)

"Medical marijuana dispensary" means a facility where marijuana is made available for medical purposes in accordance with California Health and Safety Code section 11362.5 (Proposition 215).

(Ord. No. 461, § 5, 11-25-2015)

"Mini- storage warehouse facility" means a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of customer's goods or wares.

(Ord. 319 § 1(part), 1987)

"Mobile home" means a transportable structure built on a chassis for future movement, and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and intended for occupancy by one family. No such structure shall be deemed to be a mobile home which is less than eight feet in width for a single section, and not less than forty (40) feet in length for at least one section.

(Ord. 319 § 1(part), 1987)

"Mobile home park" means a facility designed and equipped in accordance with the requirements of Section 17.68.070 and applicable state laws for the accommodation of occupied mobile homes.

(Ord. 319 § 1(part), 1987)

"Mobile home subdivision" means the division of land into parcels of four thousand square feet or more in area for the purpose of sales to individuals for placement of mobile homes.

(Ord. 319 § 1(part), 1987)

"Motor home" means any vehicle other than a motor vehicle, designed for human habitation or human occupancy for residential, industrial professional, educational or commercial purposes, for carrying property on its own structure and which is self propelled.

(Ord. 319 § 1(part), 1987)

"Nonconforming building" means a building or structure or portion thereof lawfully existing at the time of the adoption of this title, and which does not conform to the applicable regulations of this title. The term includes any building or structure or portion thereof lawfully existing in an area annexed to the city at the time of such annexation, and which does not conform to the applicable regulations of this title.

(Ord. 319 § 1(part), 1987)

"Nonconforming use" means a use which lawfully occupies a building or land at the time of the adoption of this title, and which does not conform to the applicable regulations of this title. Includes any use which lawfully occupies any building or land in an area annexed to the city at the time of such annexation, and which does not conform to the applicable regulations of this title.

(Ord. 319 § 1(part), 1987)

"Nursing and convalescent home" means a facility providing bed care, or chronic or convalescent care for persons who by reason of illness, physical infirmity, or age are unable to properly care for themselves. A facility shall be deemed to be a nursing and convalescent home for the purpose of this title, notwithstanding the designation applied to the facility by the operator, or any federal, state or local regulatory agency, such as "hospital" or "rest home", so long as the facility provides care as herein described, and does not qualify as a hospital as defined in this chapter.

(Ord. 319 § 1(part), 1987)

"Occupant load" means as defined and determined in the most current edition of the Uniform Building Code as adopted by reference by the city.

(Ord. 319 § 1(part), 1987)

"Parking area" means a permanently surfaced open area, other than a street or alley, used for the parking of motor vehicles, either free, for compensation, or as an accommodation for resident, clients or customers.

(Ord. 319 § 1(part), 1987)

"Parking space" means a permanently surfaced space, directly accessible to a driveway, street or alley, exclusive of access, driveways, ramps or maneuvering areas, designed or used for the parking of one motor vehicle.

(Ord. 319 § 1(part), 1987)

"Permitted uses" includes principal, conditional and accessory uses.

(Ord. 319 § 1(part), 1987)

"Plan lines" means officially established right-of-way lines for future streets or for the extension or widening of existing streets within which the construction of structures is prohibited.

(Ord. 319 § 1(part), 1987)

"Planned development" or "PUD" means an integrated development consisting of a building or group of buildings situated on a site in such a manner that each unit may be sold separately from all other units, and where all owners of units may also own an interest in recreation facilities, parking facilities, open space, or any combination thereof along with appurtenant facilities.

(Ord. 319 § 1(part), 1987)

"Planning director" means the city manager or his duly authorized representative charged with the administration of planning and community development.

(Ord. 319 § 1(part), 1987)

"Portable carport" means a portable attached or detached accessory structure used as a roof covering to protect vehicles or shelter goods and which may or may not be fixed to the ground. Such accessory structures may be erected by the use of poles, ropes, stakes, or a combination of these items. Roof coverings may be constructed of various materials such as canvas, vinyl, metal sheeting or similar materials.

(Ord. No. 462, § 2, 3-10-2014)

"Professional office" means an office for the conduct of any one of the following uses; accountant, architect, attorney, chiropractor, civil engineer or surveyor's drafting office, collection agency, dentist, doctor, funeral parlor, insurance office, private detective, real estate office, social worker or similar use; but not including the following uses: advertiser, barbershop, contractor, pest control, pharmacy, veterinary, beauty parlor.

(Ord. 319 § 1(part), 1987)

"Public and quasi-public uses" include such uses as cemeteries, corporation yards, fire stations, hospitals, parks, public utility distribution substations, government facilities communication equipment buildings, etc.

(Ord. 319 § 1(part), 1987)

"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would: (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.

(Ord. No. 470, § 1, 9-26-2015)

"Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area of less than two hundred twenty square feet excluding built-in equipment.

(Ord. 319 § 1(part), 1987)

"Residential care home" means a state authorized, certified or licensed family care home or foster home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a twenty-four-hour basis.

(Ord. 319 § 1(part), 1987)

"Roadside stand" means a temporary structure designed or used for the display or sale of agricultural products.

(Ord. 319 § 1(part), 1987)

Those residential units that have at least one occupant that is at least fifty-five years of age or older.

(Ord. No. 467, § 1, 2-9-2015)

See Chapter 17.84.

(Ord. 319 § 1(part), 1987)

"Single room occupancy unit" means a facility providing dwelling units where each unit has a minimum floor area of one hundred fifty square feet and a maximum floor area of four hundred square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

(Ord. No. 451, § 1, 7-11-2011)