This chapter (Chapter 30) shall be known as the "Zoning and Development Code."

This article establishes official land use zoning regulations and design guidelines. The zoning districts and regulations set forth in this article are consistent with the goals and policies of the general plan and are designed to:

(1)

Encourage the most appropriate use of land and ensure compatibility between uses;

(2)

Provide open space for light, air, and the preservation of resources;

(3)

Facilitate the timely provision of adequate infrastructure and community facilities;

(4)

Promote excellent architectural design; and

(5)

Promote health, safety, and general welfare of the residents and visitors of the City.

The interpretation and application of the provisions of this article shall be the minimum requirements for the promotion of public health, safety, and welfare. It is not the intent of this article to limit standards to minimums.

Where any provision of this article imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by any other provisions of the Municipal Code, law, ordinance, restrictive covenant, or easement, this article shall govern.

Notwithstanding any other lawful exemptions to zoning regulations, the provisions of this title, shall not apply to any development standards or entitlement processes any buildings, improvements, lots, or premises, owned, leased, operated or controlled by the City or any City Project for public purpose by the City of Fontana. Such projects would still require discretionary review by the City.

(Ord. No. 1906, § 10, 10-25-22)

The purpose of this section is to promote consistency and precision in the application and interpretation of development and zoning terms and definitions. The meaning and construction of words and phrases defined in this section shall apply to all development within the City, except where the context and usage of such words or phrases clearly indicates a different meaning or construction intended in that particular case.

For the purposes of carrying out the intent of this chapter, the following words, phrases, and terms shall have the meaning ascribed to them in this section herein.

(1)

The word "City" shall mean the City of Fontana, as described in the Municipal Code of the City of Fontana, its officers and employees thereof.

(2)

The word "Council" shall mean the City Council of the City of Fontana, the governing body of the City.

(3)

The word "Commission" shall mean the City of Fontana Planning Commission.

(4)

The word "County" shall mean the County of San Bernardino.

(5)

The phrase "Director of Community Development" shall mean the Director of Community Development of the City of Fontana and shall include his or her designee.

(6)

The word "State" shall mean the State of California.

(7)

The phrase "Zoning and Development Code" refer to Chapter 30 of the Municipal Code of the City of Fontana.

(8)

The word "shall" is mandatory and not discretionary.

(9)

The word "may" is permissive and discretionary.

(10)

References in the masculine and feminine genders are interchangeable.

(11)

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

(12)

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

a.

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

b.

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

c.

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

d.

"/" indicates "along with" or "also."

(13)

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

(a)

The purpose of this section is to regulate personal, medical, and commercial marijuana uses. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

(b)

For purposes of this section, the following definitions shall apply:

(1)

Commercial marijuana activity means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.

(2)

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

(3)

Cultivation area means the area where marijuana plants are cultivated, cultivation-related materials and supplies are stored, and any marijuana processed from the cultivation in excess of 28.5 grams.

(4)

Delivery means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

(5)

Directly engage in cultivation means to handle the marijuana plants in the cultivation process.

(6)

Distribution means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

(7)

Indirectly engage in cultivation means to assist, even if not handling marijuana plants, in the cultivation process.

(8)

Licensee means the holder of any state issued license related to marijuana activities, including, but not limited to, licenses issued under Division 10 of the Business and Professions Code.

(9)

Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

(10)

Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:

a.

Industrial hemp, as defined in the California Health and Safety Code § 11018.5; or

b.

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

(11)

Marijuana accessories means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

(12)

Marijuana products means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

(13)

Person means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

(14)

Personal use means to possess, use, or give away to persons 21 years of age or older without any compensation whatsoever.

(15)

Private residence means a house, an apartment unit, a mobile home, or other similar dwelling.

(16)

Sale means any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.

(17)

Youth center means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations, or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

(a)

For purposes of this section, personal, recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent it is unlawful under California law.

(b)

Outdoor cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(c)

Indoor cultivation.

(1)

A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(2)

To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person is issued an indoor cultivation permit by the Community Development Department. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.

(d)

Medical use.

(1)

Cultivation of medical marijuana pursuant to the California Health and Safety Code § 11362.77 is subject to the cultivation requirements laid out in subsection (c) of this section.

(2)

The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

(e)

Commercial use.

(1)

The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

a.

The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

b.

The cultivation of marijuana;

c.

The manufacturing or testing or marijuana, marijuana products, or marijuana accessories; or

d.

Any other business licensed by the state or other government entity under the California Business and Professions Code div. 10, as it may be amended from time to time.

(f)

No person, whether as principal, agent, employee, or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in Section 30-8(7), and/or under state law.

Purpose. The purpose of this section is to prescribe the requirements and process for the residential indoor marijuana cultivation (RIMC) permit. The RIMC permit is intended to serve as an instrument of the City's reasonable regulation of residential indoor marijuana cultivation as provided by California Health and Safety Code § 11362.2(b)(1).

(1)

Applicability.

a.

A person may directly or indirectly engage in residential indoor marijuana cultivation only after obtaining and maintaining a valid RIMC permit from the City of Fontana.

b.

A RIMC permit authorizes:

1.

Only one person,

2.

To directly or indirectly engage in residential indoor marijuana cultivation for personal use,

3.

At only one residence.

c.

A RIMC permit does not authorize:

1.

Construction or improvements of any structure,

2.

A property-at-large for marijuana cultivation,

3.

The permit holder or any others to engage in any activity licensed by the State of California under the Business and Professions Code div. 10, or

4.

The following people to directly or indirectly engage in residential indoor marijuana cultivation:

i.

The permit holder's family members,

ii.

Cohabitants,

iii.

Guests,

iv.

Future residents, or

v.

Any other person other than the permit holder.

d.

A person may not hold more than one RIMC permit at a time. Multiple permit holders may be authorized to engage in residential indoor marijuana cultivation at the same residence, but a residence must include no more than one cultivation area, and no residence may cultivate more than six plants in total, regardless of how many permit holders are present.

(2)

Review and appellate authority.

a.

Applications for a RIMC permit will be processed and reviewed by the Director of Community Development or his or her designee. The Director of Community Development may approve or deny an application based on the findings provided in Section 30-8(4), below.

b.

A decision by the Director of Community Development may be appealed to the City Manager or his or her designee by the following parties within 15 days after receipt of the Director of Community Development's final decision:

1.

The applicant, or

2.

Owner(s) or resident(s) of the property

(3)

Application and notice.

a.

Applications for RIMC permit shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

b.

Application fees shall be assessed as provided by resolution of the City Council.

c.

The City will provide written notification of the complete application to the applicant within 30 calendar days of complete submission, indicating whether the application has been approved or denied.

(4)

Findings for approval for an RIMC permit. The Director of Community Development or his or her designee may approve an application for an RIMC permit if the following findings are made:

a.

The applicant shall be 21 years of age or older.

b.

The residence shall be the primary dwelling of the applicant; moreover, shall not be used for any of the following activities:

1.

Day care.

2.

Youth center.

3.

Group homes.

4.

Any facility that does not allow cultivation of marijuana by law or policy.

(5)

Cultivation area.

a.

The cultivation area must be located within the residence or within an accessory structure.

b.

The cultivation area must not be used or prepared in a manner to cultivate more than six marijuana plants.

c.

The cultivation area must not be visible from anywhere outside the residence. Any windows, skylight, ventilation, or other opening must be sufficiently covered or opaque as to obscure visibility of the cultivation area from any adjacent property.

d.

The cultivation area must not produce odors, sounds, or other emissions that are sensible from adjacent properties and may indicate marijuana cultivation.

(6)

Expiration and renewal.

a.

A RIMC permit expires, if not renewed, one year from the date of approval.

b.

A RIMC permit may be renewed, if prior to the expiration, the permit holder:

1.

Completes forms and submittal materials for renewal as required by the Director of Community Development,

2.

The permit holder passes an inspection approved by the Director of Community Development,

3.

Pays a renewal fee as approved by resolution by City Council.

(7)

Suspension and termination.

a.

The City may suspend or terminate a RIMC permit at any time for failure to comply with applicable governing regulations.

b.

If a RIMC permit is suspended, the suspension will be effective and the permit holder's marijuana crop may be impounded until the permit holder:

1.

Demonstrates compliance with the applicable governing regulations, and

2.

Pays a fine and renewal fee as approved by resolution by City Council.

c.

If a RIMC permit is terminated, the permit holder's marijuana crop may be impounded. The permit holder may not apply for another RIMC permit until the permit holder pays a fine as approved by resolution by City Council.

d.

A suspension or termination of a RIMC permit may be appealed to the City Manager or his or her designee by the permit holder.

(8)

Subsequent applications.

a.

Application for a different residence.

1.

If a permit holder applies for a RIMC permit for a residence other than specified on the existing permit, the existing RIMC permit will be suspended upon application for the new permit.

2.

If the application is approved, the existing RIMC permit is rescinded.

3.

If the application is denied, the existing RIMC permit is reinstated.

4.

If the applicant appeals a denial of the application, the existing RIMC permit remains suspended until a final decision is reached.

b.

Application for a different cultivation area in the same residence. If a permit holder applies for a RIMC permit for the residence on the existing permit, but for cultivation area other than specified on the existing permit, the existing permit will terminate upon approval of the application. Only one cultivation area may exist in a residence at one time, and if another application is approved, the existing RIMC permit will terminate.

c.

Application for same cultivation area in same residence. If another individual applies for a RIMC permit for the same cultivation area, no permit will be issued if the existing permit has been terminated or suspended. An additional RIMC permit for the same cultivation area shall only be issued if all permits related to that cultivation area remain in good standing with the City.

(9)

No sale or transfer. A RIMC permit may not be sold or transferred.

The Director of Community Development shall, notwithstanding the provisions of any other code, law, or ordinance, withhold final approval and acceptance or final utility connections to any dwelling until all of the applicable provisions and requirements of Chapter 5, this chapter, herein, and any conditions or requirements officially established by the City, have been complied with.

(a)

Unless a different penalty is prescribed for violation of a specific section of this chapter, any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, causing a violation of, or failing to comply with any provision of this chapter or any condition of any development approval authorized by this chapter is guilty of a misdemeanor. Upon conviction thereof such person, firm, or corporation shall be punishable by a fine of $1,000.00, or by imprisonment in the county jail for a term not exceeding six-months, or by both such fine and imprisonment. Such person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm, or corporation, and shall be punished as provided in this section.

(b)

Any condition that is caused or permitted to exist on a property in violation of any provision of this chapter is hereby declared a public nuisance. In addition to the penalties provided in this section, the City Attorney may institute any necessary legal actions or proceedings to enforce the provisions of this chapter, including, but not limited to, an action of civil injunction, restraining order, or abatement proceeding. Costs, as defined in California Code of Civil Procedure § 1033.5, related to such proceedings may be awarded by the court or, upon resolution of the City Council, be declared a lien against the property upon which such a nuisance is maintained, and shall also be made the personal obligation of the property owner.

The provisions of this chapter shall not be construed to limit or interfere with the use of property in any zone for the installation, maintenance, and operation of public and franchise utility pipelines, underground, aerial transmission lines and supply lines, and structures when such facilities are located within rights-of-way, easements, franchises, or other ownership of such utilities, and provided the facilities are installed in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California and the Federal Communications Commission.

The following definitions shall apply to Chapter 30 (Zoning and Development Code) of the Fontana Municipal Code.

AASHTO means American Association of State Highway and Transportation Officials.

Abutting means having lot lines or zone boundaries in common.

Accessory building/structure means a subordinate building/structure detached from the main building/structure on the same lot. The use shall support the primary use on-site.

Accessory dwelling unit means a residential dwelling unit that provides independent living facilities: including permanent provisions for living, sleeping, eating, cooking, and sanitation, for one or more persons.

(1)

An accessory dwelling unit may be located within a legally established primary dwelling or legally established accessory structure. The existing space of a legally established primary dwelling means the space within the building envelope of the dwelling, which includes basements, attics, and garages, accessory structures.

(2)

An accessory dwelling unit could also include an efficiency unit, as defined in California Health and Safety Code § 17958.1, and a manufactured home, as defined in California Health and Safety Code § 18007.

Accessory use means a use of land, building, or portion thereof which is subordinate to the principal use of the land or building and located on the same lot with such principal use.

Acreage, gross means all land within a defined area, including private ownerships and future public rights-of-way, easements, etc.

Addition means any construction that is attached to an existing building and which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

Administrative site plan means the procedure intended for review of proposed projects to protect the integrity and character of the commercial and industrial areas of the City through the application of the provisions of the Zoning and Development Code or specific plan keeping consistent with the policies of the general plan. An administrative site plan is intended to provide an administrative review of projects by the Director of Community Development because of their limited size and scope having minor implication and do not create any significant impact on the surrounding properties or the environment.

Adult business means any adult bookstore, adult mini-motion picture theater, adult motion picture theater, adult cabaret, sexual novelty store as defined below or any other use determined by the Director of Community Development:

(1)

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, which are distinguished or characterized by their emphasis on matters depicting, describing, or related to "specific sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display or such material.

(2)

Adult cabaret means a show to entertain the public specializing in burlesque generally striptease and may also perform nude on stage to captivates the public. In addition, singing, dancing, and acting, often included groups of dancers, flashy, and revealing costumes, magicians, comedians, jugglers, and even performing animals.

(3)

Adult mini-motion picture theater means an enclosed building with a capacity for less than 20 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specific sexual activities" or "specified anatomical areas" for observation by patrons therein.

(4)

Adult motion picture theater means an enclosed building with a capacity of 20 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation of patrons therein.

(5)

Sexual novelty store means an establishment having as a portion of its stock in trade of goods which are replicas of or which simulate "specified anatomical areas" or goods which are designed to be placed on "specific anatomical areas" to cause sexual excitement thereof.

Adult residential facility (ARF) means a state licensed residential home for adults ages 18 through 59 with mental health care needs or who have physical or developmental disabilities and require or prefer assistance with care and supervision (i.e. substance abuse).

Airport means any area which is used or intended to be used for the taking off and landing of aircraft, including helicopters which includes airport buildings or facilities for refueling, repair, and tie-down areas.

Alley means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Amendment means a request to alter an approved non-expired entitlement on undeveloped sites.

Amusement park means an outdoor facility where there are various devices for entertainment, including rides, booths for games or selling items, and may include structures and buildings for shows and entertainment.

Ancillary use. See "accessory use."

Animal hospital means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

Animal kennel means any structure or premises in which four or more animals are kept, boarded, bred, trained, or sold for commercial gain.

Antenna means any system of wires, poles, rods, towers, whips, reflecting discs, or similar devices used for transmission or reception of electromagnetic waves. This definition shall include all satellite dish antennae, as well as any and all antenna structures used for the reception of television, radio waves, and microwaves.

Arcade, amusement means any establishment where people play arcade games electro-mechanical games, redemption games, claw cranes, escape rooms, billiards or air hockey. The establishment shall contain three or more video or electronic amusement devices. Any facility, e.g., pizza parlor, donut shop, restaurant, retail outlet, etc., may have up to two video or electronic amusement devices without the approval of a conditional use permit.

Architectural control means public regulation of the design of private buildings to develop, preserve, or enhance the attractiveness or character of a particular area or individual building.

Area plan means a plan that provides specific planning and design proposal for a defined geographical area designed within the regional mixed use (RMU) zone interconnected with walkable and mixed-use areas for residential with a commercial component for both vertical and horizontal uses. The residential component has a density of 12-24 dwelling units per acre and commercial intensity of 0.1 to 1.0 floor air ratio (FAR).

Artificial/synthetic turf means a surface of synthetic fibers made to look like natural grass. It may be used in arenas for sports that were originally or are normally played on grass. However, it is being used on residential lawns and commercial applications as well. The main reason is maintenance—artificial/synthetic turf stands up to heavy use, such as in sports, and requires no irrigation or trimming.

Assembly, place of or meeting hall means a religious service, lodges, fraternal organizations, private clubs, labor unions, facility owned or operated by a corporation, association, or group of individuals to gather for a common interest, occupation, or activity for the fraternal, social, educational, recreational or cultural enrichment.

Assisted living care facility for the elderly means a state licensed residential housing, personalized supportive services and care for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication.

Automobile and/or trailer sales means any building, land area, or other premises used for the display and sale of new or used automobiles, panel trucks, vans, trailers, or recreation vehicles and including any warranty repair and other repair service conducted as an accessory service.

Automobile dealers means a facility which sells automobiles and panel trucks of one-ton or less capacity, both new and used, and includes the repairing of same. Trucks of more than one-ton capacity shall not be included in this term.

Automobile detailing means the hand-washing, waxing, and interior cleaning of passenger vehicles.

Automobile repair facility means a facility which provides repair service to automobiles, panel trucks, vans, trailers, or recreation vehicles and includes but is not limited to, tire shops, muffler shops, transmission shops, upholstery, window tinting, auto stereo, and accessory shops. Trucks of more than one-ton capacity shall not be included in this term.

Balcony means a platform projecting from the external wall of a second-story building or grater and surrounded by a railing or parapet.

Berm means a mound of earth of varying height for the primary purposed of screening.

Bicycle rack means a stationary bicycle storage rack(s) designed to secure the frame and wheels of the bicycle.

Bikeway bike lane means a paved pathway, usually separated from streets and sidewalks, designed to be used by bicyclists.

Bike lane means a lane within roadway primarily for cyclists only. A class II bikeway is often marked by a solid white stripe on the pavement and is for "preferential use" by bicyclists. There is also a class III bicycle route, which has roadside signs suggesting a route for cyclists, and urging sharing the road. A class IV separated bike way is a bike lane that is physically separate from motor traffic and restricted to bicyclists only.

Billboard means a sign that directs attention to a business, profession, product, commodity, or service that is not the primary business, profession, product, commodity, service sold, manufactured, or conducted, or offered on the site on which the sign is located.

Block means 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.

Boarding, pet means a place where dogs or cats are housed temporarily for a fee, an alternative to using a pet sitter. Although many people worry about the stress placed on the animal by being put in an unfamiliar and most likely crowded environment, the majority of boarding facilities work to reduce stress. Many boarding facilities offer one-on-one "play times" in order to get the animal out of the kennel environment. Familiar objects, such as blankets and toys from home, are also permitted at many boarding facilities. Similarly, many boarding facilities offer grooming and training services in addition to boarding, with the idea being that the boarding facilities can be the owner's "one-stop shop" for all three services.

Body piercing means the puncturing or cutting a part of the human body, creating an opening in which jewelry may be worn or where an implant could be inserted. Although the history of body piercing is obscured by popular misinformation and by a lack of scholarly reference, ample evidence exists to document that it has been practiced in various forms by both sexes since ancient times throughout the world.

Brewpub means an eating and drinking establishment having a small brewery on the premises which produces beer, ale, or other malt beverage, or wine with most of the beer/wine produced consumed on the premises. This classification allows a brewpub to sell beer/wine at retail and/or act as wholesaler for beer/wine of its own production for off-site consumption, with appropriate state licenses.

Buffer areas means an area of land used to visibly separate one use from another or to shield noise, lights, or other possible nuisances.

Building means any structure built for the support, shelter, or enclosure of persons, animals, fowls, chattels, or personal property of any kind.

Building coverage means the ratio of horizontal area between the ground floor area (footprint) of the building(s) and the net lot area.

Building height means the vertical distance above the finish grade, measured to the highest point of the roof.

Building, main means a building within which is conducted the principal use permitted on the lot as provided by this chapter.

Building Official means the head of the Building and Safety Division or his designee.

Building, public means an institution such as a library, public school, hospital, or public-owned or operated building, structure, or land used for public purpose.

Building site means a lot, or contiguous lots of land in single, multiple, or joint ownership (exclusive of all rights-of-way and all easements, except open space easements, that prohibit the surface use of the property by its owner), which provides the area and open spaces required by this chapter for construction of a building or buildings, and which abuts a public or private street or alley, or easement.

Bus depot means a use that includes a building and area in which patrons of a private or semi-private for-pay passenger transportation service may purchase tickets on or off site for passage on a motor carrier, may board or disembark such motor carrier, but does not allow any motor carrier to remain on the premises for more than two hours at a time, except under extraordinary circumstances, such as inclement weather or mechanical failure. All motor carriers located on bus depot property shall have the driver or chauffeur present and in charge of such motor carrier while located on bus depot property. For the purpose of this definition, "motor carrier" shall mean a bus, van, limousine, or similar multi-passenger vehicle. A bus depot does not include a bus terminal (See definition of "bus terminal").

Bus terminal means a use that includes a building and area in which patrons of a private or semi-private for-pay passenger transportation service may purchase tickets on site (or off site if the point of sale is the subject site) for passage on a motor carrier, may board or disembark such motor carrier, and which may allow such motor carrier to remain in a secured area for more than two hours at a time. For the purpose of this definition, "motor carrier" shall mean a bus, van, limousine, or similar multi-passenger vehicle. Bus terminals may provide for the storage, maintenance, and services of busses including repair, washing, and fueling facilities. A bus terminal may include a bus depot. (See definition of "bus depot".)

Business park, general means a group of three or more substantially compatible and cross-supporting uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses. Special design attention is given to circulation, parking, utility needs, aesthetics, and compatibility. Basic elements of a business park include, but are not limited to, the following: developments that are themed to a particular profession or discipline and contain strong branding; shared open space, parking, and amenities; architectural, design, and signage consistency; on-site management, property owners associations (POAs), governing documents such as covenants, conditions and restrictions (CC&R's), and may be held in condominium or in fee ownership.

Business park, industrial means a group of three or more industrial uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land, that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Incidental supporting uses that are ancillary to the main business park, may be permitted by the Director of Community Development provided specific written findings.

Business park, logistics means a group of three or more trucking related uses, typically in separate buildings with multiple tenant spaces, on a single parcel or multiple contiguous parcels of land, that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Incidental supporting uses that are ancillary to the main business park, may be permitted by the Director of Community Development provided specific written findings.

Business park, office means a group of three or more office uses, typically in separate buildings, on a single parcel or multiple contiguous parcels of land, that are planned, developed, and operated as an integrated site with shared common areas for such uses and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Incidental supporting uses that are ancillary to the main business park, may be permitted by the Director of Community Development provided specific written findings.

Caltrans means California Department of Transportation.

Caretaker's unit means an on-site nonresidential unit to provide shelter and services for a caretaker. The caretaker unit is secondary or accessory to the principal nonresidential use for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site. The caretaker shall be an employee of the primary business.

Carnival means such activities as fairs, wild animal shows, rodeos, animal rides, and traveling shows, or other similar or related amusement activities.

Carport means a roofed structure providing space for the parking or storage of motor vehicles. A carport may have a solid wall on one side.

Cemetery means property used for the interring of the dead including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of a cemetery.

Centerline means 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 City Engineer of any city within the county, by the Division of Highways of the State of California, or if no such centerline has been established and in any base in which foregoing definition is not applicable.

Certificate of appropriateness means a certificate may be granted for the alteration, restoration, rehabilitation, construction, relocation, or demolition of any historical landmark or structure.

Certificate of occupancy means a document issued by the building official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable Municipal Codes and ordinances.

Chemical/substance abuse facility means any facility which provides medical or non-medical care and supervision in a group setting to adults recovering from the effects of controlled substances or chemicals.

Child care—commercial (see "day care—commercial") means a state licensed commercial facility that provides care and supervision of children, whose ages range from six weeks to 13 years. Child care is the action or skill of looking after children by a day-care center, teachers, or other providers. Child care is a broad topic that covers a wide spectrum of professionals, institutions, contexts, activities, and social and cultural conventions. The main focus of childcare is on the development of the child, whether that be mental, social, or psychological.

Child care or family child care (see "day care") means a facility that, that may require a state license, that regularly provides care, protection, and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away.

(1)

Small-family child care home means a home that provides family child care for children in a single-family dwelling with the licensed accessory daytime care of children, plus two school age children, under 18 years of age and with no more than four infants. The total number of children shall be determined by the State of California.

(2)

Large-family child care home means a state licensed facility operated from a home providing family child care for up to 14 children. The specific number of children shall be determined by the State of California.

Clinic means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight.

Club means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws. A "club" shall not include a group organized solely or primarily to render a service carried on as a business for profit.

Commercial use means an activity, normally retail sales, carried out for monetary gain.

Commercial vehicle means a vehicle used for commercial purposes which is required to be registered commercial under the State of California Vehicle Code and rated over one ton.

Common area means land in a residential development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner.

Community care facilities means any facility, place, or building where non-medical care and supervision are provided for seven or more persons (does not include the licensee or members of the licensee's family or persons employed as facility staff). Term does not include recovery houses or other similar facilities providing group living arrangements for persons recently released from a penal or corrective institution.

Community center means a facility operated by the City or others which provides recreational, cultural, or other similar activities.

Community commercial means a general plan land use designation and zoning district for light commercial office uses including shopping centers that primarily serve residents within local neighborhoods.

Community noise equivalent level means a cumulative measure of noise for a 24-hour day, weighted to noise occurring during the evening and nighttime periods.

Conditional use means a use permitted in a particular zoning district only upon showing 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 according to zone and authorized by the Planning Commission.

Conditional use permit means an application for approval which may be granted by the Planning Commission that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the Planning Commission as conditions of approval of a particular project.

Condominium (or condo) means an undivided interest in common, generally multi-unit buildings with various owners, 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. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support.

Condominium (or condo) industrial means an undivided interest in common, generally larger multi-unit buildings with various owners, 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 for the purpose of industrial uses. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support.

Contractor's yard means a lot or parcel used to store and maintain construction equipment and other materials and facilities providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation services, or similar activity. The term "contractor's yard" shall include a construction materials yard, vehicular service center, or similar use.

Convalescent care facility means a state licensed use providing bed care and in-patient services for persons requiring regular medical attention, and persons aged or infirm unable to care for themselves, excluding surgical or emergency medical services and drug, alcohol and mental rehabilitation centers.

Convalescent hospital means a state licensed facility providing long-term nursing, dietary and other medical services to convalescents or invalids but not providing surgery or primary treatments such as are customarily provided in a hospital.

Convenience store means a small retail store providing goods: groceries, snack foods, confectionery, soft drinks, tobacco, over-the-counter drugs, toiletries, newspapers, magazines, and alcohol, typically beer and wine, and other services: fax machine or photocopier, which are easily accessible and open for extended hours of operation.

Country club means a club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.

Corner cut-off, driveway means a safety area, clear of any visual obstructions measuring over 30 inches from street level and which would constitute a traffic or pedestrian hazard, as the triangular area created by a line between two points measured ten feet from, and along the axis of, the intersecting point of a street property line and the edge of a driveway nearest a side property line.

Corner cut-off, street shall mean a safety area, clear of any visual obstructions measuring 30 inches above ground level and which would constitute a traffic or pedestrian hazard, as the area defined by a 45-degree cut-off line between two points each measured 30 feet along the property lines from the intersecting point at the street corner.

Cybercafé means an establishment that provides more than six computers and/or other electronic devices for access to the internet, e-mail, video games, or computer software programs which are networked (via local or wide area networks) or which function as a client/server program, and which seeks compensation in any form from users. Cybercafé is synonymous with PC café, internet café, or cyber centers.

Day care—commercial means a state licensed commercial facility that provides care and supervision of children, whose ages range from six weeks to 13 years. Child care is the action or skill of looking after children by a day-care center, teachers, or other providers. Child care is a broad topic that covers a wide spectrum of professionals, institutions, contexts, activities, and social and cultural conventions. The main focus of childcare is on the development of the child, whether that be mental, social, or psychological.

Day care means a facility that, that may require a state license, that regularly provides care, protection, and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away.

(1)

Small-family child care home means a home that provides family child care for children in a single-family dwelling with the licensed accessory daytime care of children, plus two school age children, under 18 years of age and with no more than four infants. The total number of children shall be determined by the State of California.

(2)

Large-family child care home means a state licensed facility operated from a home providing family child care for up to 14 children. The specific number of children shall be determined by the State of California.

Decibel or dB means a unit of measurement, sound pressure level, used to express the ratio of one value of a power or field quantity to another on a logarithmic scale.

Defensible space means a physical space which is made usable and safe by means of a design encouraging pedestrian circulation, visual access and the elimination of visually obstructed areas.

Demolish means to destroy or ruin a building or structure safely and efficiently.

Density bonus means a density increase over the otherwise allowable the designated zoning district's density under the applicable land use element of the general plan. Any density bonus application shall be processed in accordance and be consistent with the rules and regulations of the State of California Office of Planning and Research.

Density means the number of dwelling units, or housing structures per adjusted gross acres of land.

Design review means the procedure intended to protect the integrity and character of the residential, commercial, and industrial areas of the City through the application of the provisions of the Zoning and Development Code or specific plan keeping consistent with the policies of the general plan.

Detention, retention, recharge basin means a storage facility for the temporary storage of storm water runoff.

Developer means the person or firm who prepares property for development and installs sufficient improvements to facilitate further subdivision of the property and construction of authorized uses. In the case of larger properties there may be a master developer who sells property to several builders. With smaller properties, the developer may be the original land owner or an individual builder.

Development means the construction, reconstruction, conversion, land division, structural alteration, relocation or enlargement of any structure; excavation, landfill or land disturbance, and any use or extension of the use.

Development advisory board (D.A.B.) means the advisory committee of representatives of the various City division/departments and public agencies. The D.A.B. serves to review projects for consistency with the general plan, Zoning and Development Code, specific plans, and other policies and procedures established by the City Council and Planning Commission on development proposals.

Development agreement means a legally binding instrument executed between two or more parties which sets forth the specific criteria under which a certain development project may proceed. Modifications to the terms and conditions of the agreement require the mutual written consent of all parties entering into the agreement.

Development plan means a map(s) or plan(s), along with supporting text and data, statistics or tables which describe the entitlement to use and associated conditions thereto authorized for a described parcel of land, approved in accordance with the requirements of the applicable plan.

Development Standards means the physical design and development portion of the Zoning and Development Code controlling such items as building coverage, yard areas, and height of structures or floor area ratios.

Director means the Director of Community Development or his or her designee.

Distribution facility means a use engaged primarily in distribution of manufactured products, supplies, and equipment, including incidental storage and sales activities, but excluding of bulk storage of materials which are flammable or explosive.

Dog daycare; doggy daycare means a short-term daytime care for dogs. It fills a niche between multi-day kennel boarding and pet sitting, where the sitter comes to the pet's home. It shares many similarities with a regular daycare for children, with the exception being that a dog daycare is for canines. The two share the same philosophy. The owners have busy schedules and the often prolonged hours at work drastically reduce the time that could be spent with their pets.

Drive approach means the portion of a driveway, typically within the public right-of-way, which flairs out for vehicle maneuvering.

Drive-through (drive-thru) facility means a facility which, by its design, allows people to receive goods and/or services while remaining in their automobiles.

Drive-through (drive-thru) restaurant means a restaurant facility which, by its design, allows people to receive prepared food and beverages while remaining in their automobiles. Most drive-thru restaurant provide "sit-down" dining as well.

Driveway means a private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

Dwelling means a structure or portion thereof which is used exclusively for permanent human habitation.

Dwelling, multiple-family means a building or portion thereof used and/or designed as a residence with three or more dwelling units in the same structure, located on a single lot.

Dwelling, single-family attached means a building used and/or designed as one dwelling unit, located on a single lot, and constructed with one or two common walls with a single-family unit on another lot.

Dwelling, single-family detached means a building used for one dwelling unit, located on a single lot, and separated from any other dwelling unit.

Dwelling, two-family or duplex means a building designed and/or used to house not more than two families living independently of each other.

Dwelling unit means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household; a dwelling unit in a single-family detached dwelling could include space for domestic employees of the family maintaining the household.

Dwelling unit, accessory. See "accessory dwelling unit (ADU)."

Easement means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Eave means the projecting edges of a roof overhanging the wall of a building.

E-cigarettes means an electronic and/or battery-operated device, which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances using vapor rather than smoke.

Educational institution means an institution such as a private or public school, college, or university qualified by the State Board of Education to give general academic instruction, or to confer degrees as a college, university, of undergraduate or graduate standing or to conduct research.

Efficiency unit means, as defined in California Health and Safety Code § 17958.1, a unit for occupancy by no more than two persons which has a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities

E-lounge means an establishment where customers utilize a heating element that vaporizes liquid solution that releases nicotine or flavored vapor, including, but not limited to, the use of e-cigarettes.

Emergency shelter means a dwelling area provided on a short-term basis by a profit or not for profit organization for the temporary housing of persons as defined by state law.

Engineer, City means the City Engineer of the City of Fontana and shall include his/her designee.

Engineering standards means City Engineer approved standards that specify characteristics and technical details required for the products, systems and processes that the approved standards cover.

Environmental impact report (EIR) means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in the California Public Resources Code § 21100 (California Environmental Quality Act) and may mean either a draft or a final EIR.

Equestrian facility means a structure or area devoted to activities involving horses, including mules, and donkeys.

Equestrian trail means a natural surfaced path for equestrian use.

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

Exotic animal means an animal not normally kept as a pet, an animal that is not indigenous to San Bernardino County, and/or whose keeping requires a permit from the State of California.

Existing use means the use of a lot or structure at the time of the enactment of a zoning ordinance.

Facade means the exterior wall/surface of a building exposed to public view or by persons outside the building.

Family means one or more individuals occupying a dwelling unit and living in a single household unit.

Farm means a parcel of land used for agricultural activities.

Farmers market mean a commercial or non-profit use, with an organized display, indoors or outdoors, of agricultural products in their natural state, for retail sale.

Fast food restaurant means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food served in disposable packaging directly to the customer, for consumption either within the restaurant building or off the premises.

Fence means a barrier (solid or open) intended to enclose or mark an area.

Fence (view fence) means a barrier between two areas of land that allows for views to be preserved using materials with enough openings to allow for nearly unobstructed views (i.e. pilasters with tubular steel fencing).

Fire access road means a minimum 20-foot wide access road paved with asphalt or concrete for emergency use approved by the Fire Protection District.

Floor area, gross means the total horizontal area, in square feet, including the exterior walls of all floors of a structure.

Floor area ratio means a calculation that determines the maximum square footage of a building on an individual parcel. A 0.50 FAR for a 10,000 square foot lot would allow a 5,000 square foot building. This total could be a single-story building that is 5,000 square feet or a two-story building with each floor being 2,500 square feet.

Food truck means an operational licensed motorized vehicle, or a trailer that is hauled by an operational licensed motorized vehicle, that has been converted for the express purpose of storage and sale of food. Food trucks may, but are not required to, include facilities and equipment for food preparation.

Food truck temporary use permit means an annual permit that allows one food truck vendor to prepare and sell food within an approved food truck at an approved site.

Form Based Code means a regulating land development to achieve a specific urban form response to the modern challenges of urban sprawl, deterioration of historic neighborhoods, and neglect of pedestrian safety in new development, refer to downtown plan (Article III).

Frontage means the length of that portion of a lot abutting a street.

Fueling station means a facility whose primary function is to dispense motor fuels. This facility may include a car wash and retail sales area.

Garage means a building or portion thereof in which a motor vehicle kept, stored, repaired. The vehicle may contain flammable or combustible liquids in its tank.

Garage, enclosed means a structure, attached or detached, to the main residential unit(s) on a property with three solid walls, from floor to ceiling (window and pedestrian door openings permitted), a solid roof, and a fourth wall with a closable garage door.

Garage, private means a building or a portion of a building in which only motor vehicles used by the tenants of the building(s) on the premises are stored or kept. This building may include a lavatory and water closet (½ bath).

Garage, public means any garage other than a private garage.

General commercial means a general plan land use designation and zoning district related to retail/office uses such as retail, malls, auto dealerships and offices, including medical offices and clinics, that serve a broader regional population.

General plan means an adopted policy document providing a long-range plan for physical development. Each general plan must include the vision, goals, and objectives of the City in terms of planning and development within eight different "elements" defined by the state as: land use, housing, circulation, conservation, noise, safety, open space, and environmental justice.

Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

Grade, finish means the final elevation of the ground surface after development.

Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations.

Grading, contour means a grading concept designed to result in earth-forms and delineations which resemble natural terrain characteristics, with generally curving, nonlinear slope banks having variations in the slope ratios of the horizontal and vertical curves.

Gray water means used household water which has not come into contact with a toilet, waste soiled diapers, or sewage; includes rinse water remaining after washing dishes by hand in a tub, sink, or washing machine; used water from a bathroom sink, bathtub, or shower; and used water from a spa, or swimming pool.

Greenbelt means an open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land use or to mark the edge of an urban or developed area.

Gross floor area (GFA) means the total floor area, wall to wall, floor by floor, as distinct from building area (ground area covered by buildings) or gross leasable area (floor area excluding service areas such as halls and elevators).

Group home means a licensed private residence, model by medical care, for those with complex health needs. Traditionally, the model has been used for children or young people who cannot live with their families, people with chronic disabilities who may be adults or seniors, or people with dementia and related aged illnesses. Typically, there are no more than six residents, and there is at least one trained caregiver there 24 hours a day. Originally, the term group home referred to homes of eight to 16 individuals, which was a state-mandated size during deinstitutionalization.

Guest parking means on-site parking spaces provided for intermittent use by visitors.

Guest house means an accessory building containing a lodging unit without kitchen facilities and used to house occasional visitors or non-paying guests of the occupants of a dwelling unit on the same site.

Hazardous substance means any chemical that, because of its quantity, concentration, physical or chemical characteristics, whether in use, stored, or in transit, poses a significant potential hazard to human health and safety or the environment. Such chemicals and/or substances are further defined and classified in the City's building and fire codes, the California Code of Regulations Title 19 and Title 24, California Health and Safety Code, other nationally recognized standards, and Federal Codes such as the United States CFR (Section 1321(b)(2)(A) of Title 33, Section 6921 of Title 42, Section 1317(a) of Title 33, Section 7412 of Title 42, Section 2606 of Title 15), and Federal Act, 42 U.S.C. 9602. Hazardous materials categories include, but are not limited to, explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials, water-reactive solids and liquids, cryogenic fluids, highly toxic and toxic materials, radioactive materials, corrosives, carcinogens, irritants, sensitizers, and other health hazards.

Hearing body means the individual or group duly authorized by this chapter to grant changes to, relief from, or special consideration under the Zoning and Development Code and approve projects.

Hierarchy of streets means the master plan, within the community, mobility, and circulation element of the general plan designating adopted and proposed routes for all streets and arterial highways within the City of Fontana.

Home occupation means an accessory activity primarily administrative for a home-based business to carried out for gain which is conducted within a dwelling unit incidental to the residential use and does not adversely affect the uses permitted in the district of which it is a part, and which is not a medical marijuana dispensary. Neither products may be sold nor signs displayed for the business. There shall be no employees other than occupants of the residence and no mechanical equipment may be used other than that necessary or convenient for domestic purposes.

Home office means an office located inside a resident's home that serves as the resident's principal place of business (see definition of "home occupation").

Homeowners association means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, and/or facilities.

Hookah lounge means an establishment whose business operation is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha, or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, or other such smoking device, placed at various tables throughout the business.

Hospital means a licensed institution facility for the provision of clinical, temporary, or emergency service of a medical, obstetrical, or surgical nature to human patients, including overnight care of patients.

Hotel means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. Access to the guest facilities shall be through a main lobby so as to monitor and control the actual use of the facility by patrons.

Impound means to seize or take custody of a vehicle of any kind, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "items") because of a violation of any applicable law or regulation.

Incidental storage means a maximum of ten percent of the site can be used for incidental material storage associated with the primary use of the business. Any outdoor storage shall be appropriately screened.

Indoor playground/recreation means an indoor play/recreation center, that are playgrounds located in an interior environment (i.e. jump house, trampoline park, escape room, and similar).

Infill means all parcels located south of Baseline Avenue, north of the Interstate 10 Freeway, east of Etiwanda Avenue, and west of Maple Avenue or any lot or parcel within any area of the City, where the lot is five gross acres or less, where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets, schools, and fire protection have already been developed [and] are provided. This includes all residential, commercial, and industrial parcels with the exception of those parcels that have a previously approved fee agreement or development agreement with the City of Fontana.

Infill development means the development of substantially unimproved properties surrounded by other properties that are substantially developed.

Infrastructure means basic facilities and services needed to sustain residential, commercial, or industrial activities.

Institutional use means an establishment, nonprofit or quasi-public use, occupying a building or area of land, municipally owned or operated, used for public purpose, such as a church, library, public, hospital, or private school.

Junk or salvage yard means any area, lot, parcel, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, or abandonment, but not limited to wastepaper, rags, scrap metal, etc., or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

Kennel. See "animal kennel."

Kitchenette means a small cooking area, which usually has a small refrigerator and a microwave, but may have other appliances, as seen in some motel rooms.

Land use plan means a plan showing the existing and proposed location, extent, and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, recreational, educational, and other public and private purposes or combination thereof.

Landlocked parcel means a parcel having no legal access.

Landscaping plans means a plan designed and prepared by landscape designer or a landscape architect, who indicates the type, size, and location of vegetative and accent material proposed for the landscaping of a site including all irrigation and other devices necessary to maintain such landscaping.

Landscaping means an area devoted to or developed and maintained predominately with native or exotic plant materials including ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved, or decorated surfaces (excluding driveways, parking, loading, or storage areas).

Landscape setback means the required distance between a property line and a structure or parking lot.

Line-of-sight means a straight line along which an observer has unobstructed vision.

Livestock means a domesticated animals raised in an agricultural setting to produce labor and commodities such as meat, eggs, milk, fur, leather, and wool. The term is sometimes used to refer solely to those that are bred for consumption, while other times it refers only to farmed ruminants, such as cattle and goats. Horses are considered livestock in the United States. The United States Department of Agriculture (USDA) uses livestock similarly to some uses of the term "red meat," in which it specifically refers to all the mammal animals kept in this setting to be used as commodities. The USDA mentions pork, veal, beef, and lamb are all classified as livestock and all livestock is considered to be red meats.

Loading space means an accessible "on-site" space on the same site as a structure, or within a structure, for the exclusive use of the commercial loading or unloading of goods or materials.

Loading zone means an approved on-site space on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial and customer vehicle while loading or unloading merchandise or materials and with appropriate means of vehicle access.

Lot means the following:

(1)

A parcel of land with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder; or

(2)

A parcel of land delineated on an approved record of survey, lot split or sub-parceling map as filed in the office of the county recorder, which abuts at least one public street or right-of-way, or easement determined by the Commission to be adequate for the purpose of access; or

(3)

A parcel of land containing not less than the area required by the zone in which it is located, abutting at least one public street or right-of-way, and held under separate ownership from adjacent property.

Lot area, net (adjusted gross acreage) means the total gross acreage of a site, minus the future area of streets (collectors and above) for public facilities. This is commonly used to calculate total density or floor-to-area ratio (FAR) for a project. Note that public schools, short term detention basins (as determined by the Director of Community Development), and active parks are to be included and considered as a part of the adjusted gross acreage in calculating density and/or FAR at the discretion of the City Council. To estimate adjusted gross acreage, multiply the total gross acreage by 70 percent (0.7) to provide an approximate calculation.

Lot coverage means the percentage of the net area of the lot which is covered by the main building, carports, and all accessory structures (patios not included) as viewed from a plan perspective.

Lot depth means the linear measurement, possibly an average, between the front and rear lot lines when measured at 90-degree angles from the front property line, or the tangent or chord line of a curved front property line.

Lot frontage means the linear measurement of the defined front property line measured at the street right-of-way line.

Lot width means the average linear distance between side property lines when measured at a 90-degree angle to the front property line.

Lot, corner means 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 means a lot located on the turning end of a dead-end street.

Lot, flag means a lot having access to a street by means of a private driveway access, easement, or parcel of land not meeting the requirements of the Zoning and Development Code or specific plan requirements for lot width but having a dimension of at least 20 feet at its narrowest point.

Lot, interior means any lot other than a corner lot.

Lot, substandard means any lot which does not meet the minimum dimensions or area which restricts the normal usage of the lot may. if an easement exists across the lot, the easement area may be excluded.

Lot, through (see "property line, front") means a lot of which fronts upon two streets which do not intersect at the boundaries of the lot.

Lunch truck means a food truck that provides service only to employees of legally established industrial businesses and active construction site, visits multiple sites per day and is typically not parked at any one location for longer than 30 minutes.

Major intersection means an intersection of two major or primary highways or combination thereof.

Manufactured home means a factory-built single-family structure, as defined in the California Health and Safety Code § 19971 or § 18007. Formally known as mobile homes these are structures transportable in one or more sections, designed to be used as a residential dwelling unit and not having wheels or axles permanently attached to their body or frame, and are considered manufactured homes only if they are built in conformance with the Federal Manufactured Housing Construction and Safety Standards Act of 1976 (42 USC Section 5401) and located on a foundation system pursuant to the California Health and Safety Code § 18551. Manufactured homes or mobile homes do not include recreational vehicles or commercial coaches, as defined in the California Health and Safety Code § 19971.

Manufacturing means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, gun assembly and incidental processing of extracted or raw materials.

Masseur/massage establishment means an establishment where any person is engaged in the business of massaging, rubbing, shaking, kneading, or tapping the human body, or giving Turkish, Russian, Swedish, or other baths, or similar procedures. Masseur/massage establishments shall not include licensed chiropractors or other licensed medical practitioners.

Maximum lot coverage (building) means the maximum area of the lot that may be covered by buildings and roofed structures (i.e., carports or shade structures). This may be expressed in square footage or as a percentage of the minimum lot area.

Medical center means a complex of patient care facilities serving multiple medical needs including, but not limited to, emergency, ambulatory, outpatient, and inpatient services. This definition is applied to facilities with not less than 100 providers and 200 acute beds.

Medical marijuana dispensary or dispensary means any facility or location where medical marijuana is made available and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code § 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the locations of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code § 11362.5 et seq. A "medical marijuana dispensary" shall also not include collective or cooperative entities or groups described by California Health and Safety Code § 11362.775, provided that no payment or other compensation is made for any marijuana distributed by any such entity or group, whether to members or non-members.

Micro-brewer means an establishment primarily engaged in the production and distribution of beer, ale, or other malt beverages, and which may include accessory uses such as tours of the microbrewery, retail sales, and/or on-site consumption, e.g. "taproom/tasting room." This classification allows a microbrewery to sell beer at retail and/or act as wholesaler for beer/wine of its own production for off-site consumption with appropriate state licenses. A micro-brewer produces less than 15,000 beer barrels annually.

Micro-brewing means the act of brewing batches of beer on a smaller scale than corporate breweries. A micro-brewery, or craft-brewery, is a brewery that produces less than 15,000 beer barrels annually.

Mini-mart means a facility providing retail sales from a building with a minimum of 400 square feet of retail floor space accessible to the public. Any mini-mart shall be associated with a fueling station.

Minimum lot area means the smallest area established by the zoning district on which a use or structure may be located.

Mixed use means the development of land or structure with two or more different use types such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment.

Mobile home. See "manufactured home."

Mobile home park means an area of land where two or more mobile home spaces are rented or leased and used for human habitation. The rental for such mobile home includes rental for the space it occupies.

Mobile home/modular subdivision means any area or tract of land where one or more mobile home lots are rented, leased for human habitation, and includes mobile home complex accommodations. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies.

Modification, minor means a method whereby minor changes may be made to approved and non-expired entitlements currently under construction without any additional impact or expansion of the use or structure.

Modular home/structure. See "manufactured home."

Motel means an establishment providing temporary accommodations containing six or more rooms some of which have direct access to the parking areas without the necessity of passing through the main lobby of the building.

Motor vehicle means a machine capable of self-propulsion, with or without human guidance, whether for the performance of work or as a mode of transportation.

Municipal Code means the City of Fontana Municipal Code, County of San Bernardino, and State of California.

Natural grade means the elevation of the ground surface in its natural state before man-made alterations.

Neighborhood center means a shopping center which clusters retail goods and services to residents in the immediate vicinity of the center. Such centers range in size from five to 15 acres and normally contain an anchor store.

Net acreage. See "adjusted gross acreage."

Nightclubs, taverns, bars means an establishment where people gather to drink (alcohol). The establishment shall operate in compliance with any on-site consumption of alcoholic beverages, as licensed by the Alcoholic Beverage Control, and may offer facilities for dancing or performing floor shows.

Noise, ambient means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

Noise, basic level means the acceptable noise level within a given district.

Noise, level means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micropascals. The unit of measurement shall be designated as dBA.

Noise, mobile source means any noise source other than a fixed noise source.

Noise, zone means any defined area or region of a generally consistent land use.

Nonconforming lot means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision, or amendment of the Zoning and Development Code, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Zoning and Development Code or specific plan.

Nonconforming structure means a building or structure with the size, dimensions, or location, of which was lawful prior to the adoption, revision, or amendment to a zoning ordinance, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district.

Nonconforming use means a use or activity which was lawful prior to the adoption, revision, or amendment to a zoning ordinance, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district.

Nursery, landscape means a service providing propagation and sale of plants, shrubs, trees, statuary, and similar products, and related materials and services associated with installation, maintenance, and improvement of yards, gardens, landscaped areas, outdoor living, recreation areas, and similar facilities.

Nursing home/extended care facility means a licensed facility providing extended or intermediate care and provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

On-site parking space means a temporary motor vehicle parking area that is not located on a dedicated street right-of-way providing for intermittent use by owners, tenants, customers, or visitors.

Open space, active means any parcel, or part thereof, area of land designated or reserved for public or private use or enjoyment. An active open space contains recreational facilities such as swimming areas, courts, play equipment, game areas, playing fields and equipment required for recreational activities. Active open space shall not include any curb side parking.

Open space, common means 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 residents of the development and may include such complementary structures and improvements (e.g., recreational facilities) as are necessary and appropriate.

Open space, passive means any parcel, or part thereof, area of land essentially unimproved and 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 which is established in order to preserve the natural and aesthetic qualities of the area and may be used for non-structured recreational activities.

Open space, private means an open space, fenced or otherwise, which is reserved for the exclusive use by the occupants of a single specified dwelling unit.

Open space, public means open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

Outdoor advertising structure means a sign that directs attention to a business, profession, product, commodity, or service that is not the primary business, profession, product, commodity, or service sold, manufactured, or conducted, is offered on the site on which the sign is located.

Parking area, private means an area, other than a street, designed or used primarily for the parking of vehicles and not open to general public use.

Parking area, public means 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 remuneration.

Parking space means an area with minimum dimensions as established in the parking standards located outside of drive aisles, ramps, loading, or work areas, which is accessible and available for the parking of one vehicle.

Parking structure means a structure used for the parking of vehicles where parking is accommodated on two or more levels.

Parks, public means an open space intended for public recreational use which is operated by the City.

Parolee, federal means an individual convicted of a federal crime, sentenced to a United States Federal Prison, and received conditional and revocable release in the community under the supervision of a federal parole officer.

Parolee home means any residential structure or unit, whether owned and/or operated by an individual or for-profit or non-profit entity, which houses between two to six parolees, unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee and/or any individual or public/private entity on behalf of the parolee.

Parolee, state adult means an individual who is serving a period of supervised community custody, as defined in Penal Code § 3000, following a term of imprisonment in a state prison, and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division.

Parolee, youth authority means an adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional revocable release in the community under the supervision of a youth authority parole officer.

Paseo means a public or private walk or boulevard designed primarily to provide pedestrian connectivity within both a residential or mixed-use community or as access to adjacent communities while providing for the following: enhanced and/or decorative hardscape, enhanced landscape (including trees, shrubs and ground cover), pedestrian amenities such as benches and low level lighting and similar features designed specifically to enhance the pedestrian experience. Generally, paseos are to be considered an amenity over and above sidewalks and parkways required as part of a public right-of-way cross section.

Patio, recessed means an inner courtyard indented, as in a wall, with or without a roof.

Paved means fully covered and maintained with asphalt, concrete, or other approved material.

Performance standards mean a set of minimum criteria or minimum limits for a particular use or process.

Permitted use means any use allowed in a zoning district by right and subject to the restrictions applicable to that zoning district.

Phase means any contiguous part or portion of a project which is developed as a part of a total project.

Pilaster means an upright architectural member that is structurally a pier, but architecturally is treated as a column.

Planned development (PD) means a type of development and the regulatory process that permits a developer to meet overall community land use goals without being bound by existing zoning requirements.

Planned unit development (PUD) means a type of development and the regulatory process that permits a developer to meet overall community density and land use goals without being bound by existing zoning requirements. This is a special type of floating overlay district which generally does not appear on the municipal zoning map until a designation is requested.

Plot plan/site plan means a diagram of a lot, as seen from above, showing the outline of all structures and other significant features on the lot and indicating the distance of the structures and other significant features from the borders of the property and from each other.

Plot means a single unit parcel of land.

Pool/billiards hall means an establishment where people get together for playing cue spots, pool or snooker.

Porch means a roofed platform usually forming an entrance to a house.

Porte cochere means a covered entrance large enough for vehicles to pass through, typically opening into a drive-through or courtyard.

Preliminary site plan means a preliminary plan developed to identify the location and general relationships between land uses, improvements, structures, circulation systems, landscaping, and design elements.

Pre-zoning means the act of designating, in advance of annexation, the district to be applicable to a site upon subsequent annexation of that site to the City of Fontana.

Primary/principal use means a use which acts as the main function of a site as it relates to intensity, square footage, activity and/or traffic generation.

Private club means a building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.

Project means the total development within the boundaries as defined on the development plan.

Property line means a line of record bounding/identifying a lot/parcel that divides one lot from another lot or from s public or private street or other public space.

Property line, front means the line separating the narrowest street frontage of the lot from the street right-of-way.

Property line, rear means the property line(s) opposite and most distant from the front property line; or in the case of an irregularly shaped lot, a straight line not less than ten-foot long, within the lot, and most nearly parallel to and at the maximum distance from the front property line.

Property line, side means any property lines other than the front or rear lot lines.

Public facility means a use established primarily for the benefit and enjoyment of the community in which it is located, including a library, post office, neighborhood center, and similar facilities.

Public right-of-way means any footpath, bike path, road, or highway open to all traffic or a public road that can be used by all members of the public.

Public utility structures mean a structure that provides a service (such as light, power, or water) to the general public. Included in this term are electric substations, water reservoirs, etc. Waste-to-energy facilities are not considered as public utility structures for these purposes.

Quarry means a place where rock, ore, stone, and similar materials are excavated for sale or for off-tract use.

Quasi-public means a use owned or operated by a nonprofit, religious or charitable institution and providing education, cultural, recreational, religious, or similar types of public programs.

Queue line (stacking) means an area for temporary parking and lining of motor vehicle while awaiting a service or other activity.

Rebuild means to construct within and/or on a legally constructed existing building new value greater than 75 percent of the replacement cost of the existing building being rebuilt.

Recharge basin means any natural or man-made water facility or area whose purpose is the accumulation of water for percolation into underground aquifers or other natural underground water storage area.

Recreation, commercial means a use providing recreation, amusement or entertainment services, including indoor, such as theaters, bowling lanes, billiard parlors, skating arenas, and similar services, and outdoor uses such as golf, tennis, basketball, baseball, and similar services, operated on a private or for-profit basis.

Recreational vehicle means a movable vehicular structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use. Recreational vehicles include but are not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

Recycling facility means a facility at which waste and other discarded materials are sorted, cleaned, treated or reconstituted for the purpose of using the altered form. Recycling facilities include, but are not limited to, scrap metal dealers, aluminum collection centers, and paper recycling centers.

Research and development means a primary use engaged in study, testing, design, analysis, and experimental development of products, processes, or services, that may include incidental manufacturing or products or provision of services to others.

Residential care facility means a state licensed family home, group care facility or similar facility which provides 24-hour non-medical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding senior citizens.

Residential care facility for the elderly (RCFE) means a state licensed housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. RCFEs are also referred to as assisted living facilities and board and care facilities. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in an RCFE, if certain conditions are met.

Rest home. See "nursing home."

Restaurant means an establishment where food and drink is prepared, served and consumed primarily within the main building, and building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designated to take place outside the confines of the building, often in a motor vehicle.

Restaurant, drive-through (drive-thru). See "drive-through (drive-thru) restaurant."

Restaurant, fast food means a restaurant which supplies food and beverages primarily in disposable containers and which is characterized by high automobile accessibility, self-service, and short stays by customers.

Restaurant, take-out means a feature or characteristic of eating and drinking services which encourage or allow, on a regular basis, consumption of food and beverages outside of a building, such as in outdoor seating areas where regular table service is not provided, in vehicles parked on the premises, or off the site.

Retail means the selling of goods, wares, or merchandise directly to the ultimate consumer.

Riding and hiking trails means a trail, footpath, or bike path designed for or used by equestrians, pedestrians, and cyclists with non-motorized bicycles.

Room and board means a situation where, in exchange for money, labor, or other considerations, a person is provided with a place to live as well as meals on a comprehensive basis.

Salvage means the utilization of waste materials.

School, business or trade means a use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a college, university, or other educational facility.

School, elementary means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.

School, high means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California include junior and senior.

School, parochial means a school supported and controlled by a church or religious organization.

School, private means any building or groups of buildings for the use of meeting stated requirements of primary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

Screening means a method of visually shielding or obscuring an abutting or nearby structure or use from another by walls, fencing, parapet, berms or densely planted vegetation.

Second dwelling unit. See "accessory dwelling unit."

Second hand store/thrift store means an establishment used for the selling or handling of used goods including the selling or trading of used clothing, furniture, and appliances.

Secondary use means a use that is secondary to the primary/principal use and located on the same property with such principal use. A secondary use shall be considered less intense as it relates to intensity, square footage, activity, and traffic generation.

Self-storage facilities means a structure(s) containing separate storage spaces of varying sizes, leased or rented on an individual basis, may include recreational vehicles storage.

Senior citizen means any person age 55 or older pursuant to the guidelines of the United States Social Security Administration.

Senior citizen housing means a building or portion thereof used and/or designed as a residence for persons 55 years of age or older (senior citizen) or otherwise provided.

Senior citizen housing, congregate care means a building or portion thereof used and/or designed as a residence for senior citizen which provides meal service at a central dining facility but does not provide 24-hour services or supervision.

Service bay means a building or portion thereof used and/or designed for repair services to automobiles, trucks, vans, trailers, or recreation vehicles where work is limited to the exchange of parts and maintenance.

Setback/setback area means the minimum distance required by zoning district to be maintained between a structure/parking and a property line.

Setback line means a line within a lot parallel to and measured from a corresponding property line, forming the boundary of a required areas and governing the placement of structures, parking, and uses on the lot.

Sewer treatment plant means a facility for the treatment and disposal of sewage matter.

Shared parking means a situation where the same parking spaces can be utilized by two or more different uses due to the differing peak hours of operation of the uses involved.

Shed means an accessory structure or building used primarily for storage purposes which is less than 120 square feet and does not exceed eight foot in height, building permit require.

Sight distance means the length of the roadway ahead that is visible to the roadway user per AASHTO "A policy on geometric design of highways and streets" or as provided by this chapter.

Sight triangle, clear means a sight triangle that is clear of obstructions that block a driver's view of potentially conflicting vehicles.

Sight triangle means the specified areas along intersection approach legs and across their included corners per AASHTO "A policy on geometric design of highways and streets" or as provided by this chapter. These areas shall be clear of obstructions that may block a driver's view of potentially conflicting vehicles.

Site means any property or parcel of land or combination of contiguous parcels of land.

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

Slope bank means a slope steeper than 15 percent.

Smoke lounge means an establishment devoted to selling tobacco related products to be consumed or smoked on the premises.

Smoke/tobacco shop means a retail establishment where more than 40 percent of the floor area is dedicated for the sale of pipes, tobacco, flavored tobacco, vapor cigarettes, e-cigarettes, nicotine oils/liquids, cigars and cigarettes, or similar merchandise and smoking equipment that is directly sold to the consumer.

Solar access means a property owner's right to have the sunlight shine on his land.

Solar energy systems mean a complete design or assembly consisting of a solar energy collector, and energy storage facility, and components for the distribution of transformed energy.

Specific plan means a fully planned community, with all design controls, servicing requirements, and financing techniques incorporated into the plan, which is adopted with a self-contained regulatory text and serves to implement the general plan.

Specific plan, major means a modification to the existing document, land uses and development standards for an area to assist with the implementation of the general plan goals.

Specific plan, minor means a modification to the existing document, development standards (text only) for an area to assist with the implementation of the general plan goals.

Stable, private means a structure or portion of a building used to shelter and feed equine which are used exclusively by the occupants of the property on which the stable is situated.

Stable, public means a structure or portion of a building used to shelter and feed equine other than a private stable.

Statuary, retail sales. See "nursery."

Structure means anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Tattoo establishment means an establishment where tattooing is performed. This shall not include any business or facility that tattooing is incidental to the primary services provided and generates ten percent or less of its gross revenues from tattooing. In addition to tattooing many establishments will also provide body piercing services, see "body piercing." A permit for a tattoo establishment may be granted at any time during the year, but all such permits shall expire on the 31 ^st day of the next succeeding December. Tattoo establishment permits shall not be transferable.

Tattooing means any method of permanently placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink, natural pigments or colors, by the aid of needles or instruments.

Tattooist means a person who applies the designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin.

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

Temporary use means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Terracing means an erosion control method that uses small hills and contours on the land surface to control flooding and runoff.

Topography means the configuration of a surface area showing relative elevations.

Tot lot/playground means a place specifically designed, typically outdoors, to enable small children to play.

Trail, community means a trail, generally 20 feet in width, which is a segment of a planned trail system, intended to link local feeder trails with the regional trail system, designed and improved for bicycle, hiking, and/or equestrian use.

Trail, equestrian means a trail which is a segment of a planned trail system designed, improved, and intended to be used for horseback riding purposes.

Trailer means a structure standing on wheels, towed or hauled by vehicle, and used for short-term human occupation, carrying materials, goods or objects.

Trailer, construction means 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.

Transfer station means those facilities used to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or used to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.

Transitional area means an area which acts as a buffer between two land uses of different intensity.

Transitional use means a permitted use or structure of an intermediate intensity of activity or scale between a more or less intensive use.

Transmitter means equipment used to generate and transmit electromagnetic waves carrying messages or signals, especially those of radio or television.

Travel trailer park means an area where spaces are offered to one or more users of travel trailers.

Travel trailer means a structure standing on wheels, towed or hauled by vehicle which is designed or used for human habitation and for travel or recreational purposes which does not at any time exceed eight-foot in width and 40-foot in length and which may legally be moved upon a public highway without a special permit or chauffeur's license.

Triplex means a building containing three dwelling units.

Truck means a motor vehicle used for transporting goods or paying passengers. The European Union defines a "commercial motor vehicle" as any motorized road vehicle, that by its type of construction and equipment is designed for, and capable of transporting, whether for payment or not: (1) more than nine persons, including the driver; (2) goods and "standard fuel tanks." Trucks can range in size from 10,000 pounds to 33,000 pounds.

Truck dealer means a facility which sells trucks, trailers, and similar motor vehicle of 10,000 pounds to 33,000 pounds, both new and used, and includes the repairing of same.

Truck repair facility means a facility which provides repair service to trucks more than one-ton capacity and includes but is not limited to, tire shops, muffler shops, transmission shops, upholstery, and accessory shops.

Truck sales means any building, land area, or other premises used for the display and sale of new or used trucks and including any warranty repair and other repair service conducted as an accessory service.

Truck stops means a facility intended to provide services to the trucking industry, and include, but are not limited to the following activities: the dispensing of fuel, repair shops, automated washes, restaurants, and motels.

Truck terminal means a lot, lot area or parcel of land used, designed or maintained for the purpose of storing, parking, refueling, repairing, dispatching, servicing or keeping motor trucks and associated equipment together with those facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews.

Underdeveloped means a parcel of land that is developed with a building or buildings on a portion of the parcel where by 50 percent or more of the remaining parcel is left unimproved and is less than 50 percent of the maximum FAR.

University or college means an educational institution of higher learning which offers a course of study designed to culminate in the issuance of a degree as defined by the Education Code § 29002 of the State of California, or successor legislation.

Use means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is, or may be, occupied or maintained.

Vacant parcel means a parcel void of any structures (including footings and/or foundations).

Vape shop means an establishment that primarily sells vapor cigarettes, e-cigarettes, nicotine oils/liquids and associated accessories for off-site use.

Vapor cigarettes means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of vaporized oils that contain nicotine.

Vapor lounge means an establishment devoted to selling tobacco related products including, but not limited to, electronic or vapor cigarettes, to be consumed or smoked on the premises.

Variance means permission to depart from zoning ordinances when because of special circumstances, unique to a specific property, strict application of the ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. Any variance granted will assure that the adjustment granted will not constitute a special privilege.

Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway or water, except a device moved exclusively by human power.

Vested right means a right which has been legally established and cannot be revoked by subsequent conditions or changes in law without due process of the law.

Wall means a substantial solid barrier intended to enclose, separate, or surround. Typically, a wall is four inches or more in thickness and is usually supported by a rectangular pilaster.

Wall, community theme means a solid wall used to establish a community architectural identity or theme, often used to link diverse project neighborhoods and facilities together into an identifiable community.

Wall height means the vertical distance above the finish grade, measured to the highest point of the wall.

Warehousing, logistics and distribution facility means warehouse/distribution facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 50 to 80 percent, and a dock-high loading door ratio of approximately 1:5,000—8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including:

• Freight yards/forwarding terminals

• Warehousing distribution/high cube distribution centers

• Moving agencies

• Parcel delivery terminals

• Railroad freight stations

• Shipping/receiving yards

• Truck terminals

Warehousing facility means the use of a building primarily for the storage of goods of any type by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of approximately 45 to 55 percent with dock high and/or ground level loading doors on one side of the building only.

Warehousing sales, retail means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods both directly to the ultimate consumer and includes incidental wholesaling. Generally, sales tax is collected from the ultimate consumer.

Warehousing sales, wholesale means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, and specifically excluding sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from businesses purchasing such goods.

Wholesaling means selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers: or, acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a retail commercial use and it specifically excludes the selling of goods directly to the ultimate consumer.

Workshop/hobby shop means an enclosed building that is used for manufacturing, constructing, or assembling of parts for one's personal use. All equipment, tools and devices used shall not produce noise levels that exceed 65 dbl for exterior noise and 45 dbl for interior noise levels. This structure may include a lavatory and water closet (½ bath).

Wing wall means an extension of a wall of a building beyond that enclosing the space within the building.

Xeriscape means landscaping characterized by the use of vegetation which is drought resistant or low water use in character.

Yard area means as defined in the California Building Code, yard is an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

Yard, corner means a side yard which faces a public street on a corner lot and extending from the front yard to the rear yard.

Yard, front means a yard extending the full width of the lot between the front lot line and a line parallel thereto and passing through the nearest point of the building; provided that, if a future street right-of-way has been established, such measurement shall be from the future street right-of-way line.

Yard, rear means a yard extending the full width of the lot between the rear lot line and a line parallel thereto. For through lots, if a future street right-of-way has been established, such measurement shall be from the future street right-of-way line.

Yard, side means a yard between the side lot line and a line parallel thereto and extending from the front yard to the rear yard.

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

Zoning district means a specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

Zoning map means the map or maps, which are a part of the Zoning and Development Code and delineate the boundaries of zone districts.

(Ord. No. 1865, § 8(Att. 2), 3-23-21; Ord. No. 1961, § 4(Exh. A), 1-28-25)