Imperial Beach City Zoning Code

"Access" means an opening in a fence, wall or structure, or a walkway or driveway permitting pedestrian or vehicular approach to, through or within any structure or use.

"Accessory building" means any subordinate building or portions of the main building, the use of which is incidental to that of the main building on the same lot or premises, and which is used exclusively by the occupants of the main building.

"Accessory use" means any use customarily incidental to, related and clearly subordinate to, a principally permitted use established on the same lot or premises.

"Active commercial uses" means commercial uses that are oriented along the street wall facing the main street at ground level. Active commercial uses shall be accessible to the general public, generate walk-in pedestrian clientele, or contribute to a high level of pedestrian activity. Property entrances will be oriented to the street, which will facilitate sidewalk traffic and active streets. Uses that generate pedestrian activity include retail shops, grocery stores, restaurants, bars, theaters and the performing arts, personal convenience services, hotels, banks, travel agencies, child care services, libraries, museums and galleries, and commercial recreation and entertainment.

"Active use area" means all portions of a site and buildings included in the use area, except storage, parking, and landscaping.

"Addition" means the result of any work that increases the gross floor area of an existing structure.

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

An "Administrative Coastal Development Permit" is a permit required pursuant to the City Zoning Ordinance and the Coastal Act which does not require a public hearing of the Planning Commission or City Council.

"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 matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this title, or an establishment with a segment or section devoted to the sale or display of such material.

"Adult hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this title.

"Adult mini-motion picture theater" means an enclosed building with a capacity for less than fifty persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, as defined in this chapter, including the presentation of such material by coin-operated viewing machines for observation by patrons therein.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer patrons per machine at any one time, and where the images so displayed are distinguished by, or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, as defined in this title.

"Adult motion picture theater" means an enclosed building with a capacity for fifty or more persons, used for presenting material having as a dominant purpose, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this chapter, for observation by patrons therein.

"Aggrieved person," in accordance with Public Resources Code Section 30801, means any person who, in person or through a representative, appeared at a public hearing of the City in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either.

"Alley" means a public or private way not more than thirty feet wide.

"Alteration" means any work on a structure that does not result in any addition to the gross floor area of the structure.

"Amendment" means a change in wording, content or substance of this title or a change in the zone or district boundaries.

"Antenna" means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission or receipt of electromagnetic waves.

"Antique store" means a bona fide antique store in which substantially all the merchandise is antique. "Antique" means any collectible, object of art, bric-a-brac, curio, household furniture, or other furnishing offered for sale upon the basis, expressed or implied, that the value of the property, in whole or in substantial part, is derived from its age or from historical associations.

"Apartment building" means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of families living independently of each other and doing their own cooking in the building, including flats and apartments.

"Appealable coastal development," in accordance with Public Resources Code Section 30.603(a), means an action taken by the City on a Coastal Development Permit application for any of the following which may be appealed to the Coastal Commission:

An arcade or game center is any place having five or more coin-operated, slug-operated, or any type of amusement or entertainment machines for which payment is necessary for operation. These include, but are not limited to pinball machines and video games, but do not include merchandise vending machines or mini-jukeboxes.

"Athletic or health clubs" means any business that offers or provides to the public, services, facilities, and/or instruction in bodybuilding, exercising, weight reduction, figure development, aerobics, or any other similar physical activity. This includes physical fitness clubs, yoga or pilates studios, and dance studios.

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

"Automobile repair" means repair of the mechanical parts of motor vehicles. Repair and painting of the fender and body portions of motor vehicles are specifically excluded from this definition.

"Automobile service station" means a place where gasoline or any other motor fuel of lubricating oil or grease for operating motor vehicles is offered for sale to the public, where deliveries are made directly into motor vehicles, and where services are performed, to include tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted in this title, lubricating of automobiles, and automobile washing (not including mechanical wash) and minor repairs as described in Section 19.04.070.

"Automobile trailer" means any building or structure with or without motor power and/or used for living or sleeping purposes, or the conduct of any business, profession, occupation or trade and designed so that it is or can be mounted on wheels and travel on public thoroughfares.

"Balcony" means a platform enclosed by a railing or parapet projecting from the wall of a building for the private use of tenants or for exterior access to the above grade living units. When a balcony is roofed and enclosed, it is considered part of the room it serves.

Any premises designed, used or intended to be used for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food is not sold or served to the public as in a bona fide restaurant.

Basement is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

"Block" means a tract of land bounded by streets, dead-ends of streets, railroad rights-of-way, watercourses, large tracts of land in uses such as parks and golf courses, or a City boundary.

"Boarding house" means a facility in which food and/or shelter is provided to persons not related by blood or marriage. The term does not include motels, hotels or other similar establishments that cater primarily to transient guests. The term does not include multiple-family dwelling structures when each dwelling unit is separately maintained by its tenants and the tenants care completely for themselves. The term does include rest homes, sanitariums, convalescent homes, fraternity houses, sorority houses, group homes and other similar operations when all the criteria of this definition are met.

"Body painting studio" means a business establishment wherein the patrons may apply paint or similar matter to another unclothed or partially clothed person.

"Body piercing establishment" means any business which offers as a service the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. "Body piercing" includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. "Body piercing" does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

A "body shop" means the repair and painting of the fender and body portions of motor vehicles.

"Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

"Building Department" means the office, department, or division of the City charged with the enforcement of the provisions of this title pertaining to the erection, construction, reconstruction, movement, conversion, alteration or arrangements of buildings or structures within the City as well as the enforcement of the requirements of this title.

"Existing building" means a building which a legal building permit has been issued.

A vertical dimension measured from existing grade to the uppermost point of a structure, unless otherwise specified (see Height, Measurement of).

"Building Official" means the City Official or employee responsible for implementing and enforcing the applicable building codes and standards of the City.

"Distance between buildings" means the horizontal distance between buildings measured from the nearest point of one building wall to the nearest point of another building wall.

"Bulk" means the total interior cubic volume as measured from the exterior surface of the structure.

"Bulkhead" means a structure including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline.

"Cabaret" means a cafe, restaurant, bar or other establishment where entertainment is provided by a performer or performers who dance, sing, play musical instruments or present any other form of or kind of entertainment. As applied to the adult-oriented business ordinance, an establishment that features topless dancers, bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers is included in this definition.

"California Coastal Commission original permit jurisdiction" means that area of original jurisdiction of the California Coastal Commission as designated on the post local coastal program certification permit and Appeal Jurisdiction Map, on file with the California Coastal Commission and the City Clerk of the City of Imperial Beach.

"Campsite" means any area which is occupied or intended or designed or improved for occupancy by transients utilizing recreational vehicles, motor homes, or mobile trailers for dwelling, lodging or sleeping purposes and is held out as such to the public. Campsite does not include any manufactured housing community.

"Carport" means a building designed and intended to be used for storage or protection of an automobile or other motor vehicle completely open on one or more sides.

"Cell" means the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagate.

"Cell site" means a parcel of real property on which a wireless communications facility is or is to be located.

"Child" means a person who is under eighteen years of age who is being provided care and supervision in a child day care facility.

"Child day care center" means any day care facility other than a family day care home, and includes infant centers, preschools and extended day care facilities.

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

"Clinic" means any facility used for the care, diagnosis and treatment of sick, active, infirm or injured persons and those who are in need of medical, dental or surgical attention, but who are not provided with board or room or kept overnight on the premises. "Clinic" includes dental clinic, health clinic, medical clinic and doctor's offices and may include laboratory facilities in conjunction with normal clinic services.

"Coastal dependent development or use" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

"Coastal related development" means any use that is dependent on a coastal dependent development or use.

A "regular coastal development permit" means a permit for any development within the coastal zone that is required pursuant to the City Zoning Ordinance and the 1976 Coastal Act that requires a public hearing by the Planning Commission.

"Coastal policy checklist" means a form prepared and completed by the Community Development Department as a guide for reviewing Coastal Development Permit applications for conformance with the General Plan and Coastal Land Use Plan. It shall list appropriate application information, all coastal land use policies, those policies with which the application does not comply and recommended conditions, if any, necessary to bring the application into compliance.

"Coastal zone" means that land and water area of the City of Imperial Beach extending inland generally one thousand yards from the mean high tide line of the sea as shown on the Post Local Coastal Program Certification Permit and Appeal Jurisdiction Map on file with the California Coastal Commission and the City of Imperial Beach.

"Commission" means the Planning Commission of the City of Imperial Beach.

"Community Development Department" means the Community Development Department of the City of Imperial Beach.

See "Director."

"Condominium" means a system of separate ownership of individual units in a multiple-unit building(s) as defined by the California State Subdivision Map Act.

"Substantial construction" means the incorporation of labor and materials in the foundation of a building or buildings, and the inspection of such work as evidenced by an approval signature on an active building permit by a Building Official representative.

"Cornice" means any horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line, including eaves and other roof overhang.

"Courtyard" means an open space unobstructed to the sky, located at or above grade level on a lot, and bounded on two or more sides by walls of a building.

"Dancehall" means a business establishment wherein the patrons thereof may dance with another person for a fee other than a price of admission to such establishment.

"Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the subdivision map act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, and kelp harvesting. As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone lines and electrical power transmission and distribution line.

"Director" means the Community Development Director of the City of Imperial Beach.

"Drive-in restaurant" means any commercial establishment providing delivery of food or drink to vehicles parked in designated parking spaces, or making provisions, encouraging consumption of food or beverage in vehicles, whether such consumption in vehicles is on the premises or at the curb adjacent to the premises.

"Drive-thru establishment" shall mean any commercial establishment providing services directly to customers in vehicles, through a service window or other similar arrangement.

"Driveway" means a private accessway, the use of which is limited to persons residing, or employees or others using or visiting the parcel on which the driveway is located.

"Duplex" means a building containing two attached dwelling units. The units may be attached in any manner, provided they have a common roof.

"Multiple-family dwelling" means a residential structure containing two or more dwelling units that are attached vertically or horizontally.

"Dwelling unit" means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, sanitation, cooking and eating.

"Educational institution" means a public or private preschool, elementary or secondary school or institution.

Employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation pursuant to Health and Safety Code Section 17021.5(b).

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

"Energy facility" means any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other source of energy.

"Environmentally sensitive area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

"Escort services" means any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. Excluded from this definition is any business, agency or person which provides escort services for older persons as defined in the California Welfare and Institutions Code Section 9400 et seq., when such services are provided as part of a social welfare and health program for such older persons.

"Family" means an individual, or two or more persons related by blood or marriage, or a group of unrelated individuals living together and bearing the generic character of a relatively permanent bona fide housekeeping unit sharing such needs as cooking facilities. Family also means the persons living together in a licensed "residential facility" as that term is defined in California Health and Safety Code Section 1502(a)C17, which services six or fewer persons, including the licensee.

"Family day care home" means a home which regularly provides care, protection and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away.

"Large family day care home" means a home which provides family day care to seven to twelve children, including children under the age of ten years who reside at the home.

"Small family day care home" means a home which provides family day care to six or fewer children, including children under the age of ten years who reside at the home.

"Family foster care home" means a dwelling unit where full-time foster care is provided for unrelated children as part of the family, where the total number of children sixteen years or under does not exceed six, the total number of people (excluding servants) does not exceed eight, and the dwelling unit is licensed by the State as a full-time foster home.

"Fence" means a freestanding structure of metal, masonry, engineered material or wood, or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, privacy, protection, screening or partition purposes. "Fence" means a vertical barrier which supports no load other than its own weight.

"Open fence" means a fence constructed with openings between the material used for construction, whereby the openings represent fifty percent or more of the total front face surface of the fence.

"Fill" means earth or any other substance or material, including pilings placed or deposited for the purposes of erecting structures thereon, placed in a submerged area.

"Fixed wireless service" means a local wireless operation providing multiple services, such as telephone, internet and fax, to end users. The associated equipment is in the form of a small panel or dish antenna attached to a home or building.

"Floor area ratio" is the numerical value obtained by dividing the gross floor area of a building or buildings on a lot by the total area of the lot on which such building or buildings are located.

"Fortune telling establishment" means any business which engages in, conducts, advertises, or offers as a service the occupation, business, science or art of astrology, palmistry, phrenology, life reading, fortune telling, palm reading, cartomancy, clairvoyance, necromancy or other occult art or science, for entertainment or otherwise.

"Garage" means an accessible and usable enclosed space of not less than nine feet by nineteen feet for the parking of automobiles off the street.

"General Plan" means a comprehensive declaration of goals, policies and programs for the development of the City and including, where applicable, diagrams, maps and text setting forth objectives, principles, standards and other features, and which has been adopted by the City Council.

The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this ordinance.

"Green building utilities," also referred to as small wind turbines, residential alternative power sources, or small alternative utilities, refers to the provision of sustainable essential services (such as water and electricity) in the form of small infrastructure that reuses water or generates electricity that is primarily used on-site and which support the principal development. Examples of green building utilities include small wind turbines, solar panels, and barrels for grey water reuse.

"Gross floor area" means the total horizontal area of all the floors of a building included within the surrounding walls, exclusive of areas used exclusively for permanently installed heating and air conditioning units and permanent parking spaces, driveways, and ramps included within a building.

See "Retail, Ground Floor."

"Guest" means any person hiring or occupying a room for living or sleeping purposes.

"Guestroom" means any room or rooms used or intended to be used by a guest for sleeping purposes. Every one hundred square feet of superficial floor area in a dormitory shall be considered a guestroom.

"Habitable floors" are levels within a residential or mixed-use structure that permit residential, employment, visitor, or similar uses to be developed. Habitable floors do not include levels with rooftop, mechanical equipment, architectural treatments, stairwell entries, or similar uses open or partially open to the environment at the highest floor of the structure. The highest habitable floor shall not exceed the height limits defined in respective zones.

"First floor height" means the vertical distance from the average level of the highest and lowest point of that portion of the building site covered by the building or structure, to the highest point of the ceiling.

Height shall be measured from the average level of the highest and lowest point of that portion of the building site (at existing grade) covered by the building or structure to the highest point of the building or structure.

"Home occupation" means any use conducted entirely within a residential dwelling or accessory building and carried on by the inhabitants of the dwelling, which use is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes.

"Hostel" means a place where travelers may stay for a limited duration at low cost in a facility that is appropriately recognized by a state, national, or international hostel organization and that may include dormitory-like sleeping accommodations.

"Hotel" means any establishment offering commercial transient lodging accommodation on a less than monthly basis to the general public, including any incidental services such as eating, drinking, meeting, banquet, entertainment, or recreational services intended primarily for the convenience of guests. Hotels shall consist of various types, which are further defined as follows:

H-1: A site area of a minimum square footage of thirty-five thousand square feet; at least thirty guest rooms; facilities for conference, meeting, or public use; and a full-service restaurant on-site.

H-2: A "motel," which is an establishment providing guest rooms for periods less than thirty days, with most rooms gaining access from an exterior walkway.

H-3: A lot, parcel, or segment of real property dedicated to "timeshare units" as defined in Section 19.04.756 of this code.

H-4: A "bed and breakfast" lodging place containing no more than six guest rooms and one kitchen.

H-5: An "inn" means a commercial establishment that affords public lodging to travelers, for periods less than thirty days. A kitchen and dining area may also be included to provide meal and beverage service to guests and to the general public.

"Household pet" means any domesticated animal generally accepted as a pet, such as dogs, cats, rabbits and fish, but not including roosters, ducks, geese, goats, sheep and hogs.

"Improvements" means alterations to any structure which does not change the intensity of its use, which does not increase either the gross floor area, height or bulk of the structure by more than ten percent, which does not block or impede public access, and which does not result in a seaward encroachment by the structure.

"Incidental manufacturing" means design, fabrication, and assembly of items for sale and is incidental or secondary to the use of the premises for retail sales of the items being produced. Manufacturing activities would involve production of individual items by hand manufacturing or the use of electric hand tools. Floor area used for manufacturing or storage of produced goods should not exceed the floor area used for retail sales. Typical uses would include ceramic studios, candle-making, leather-working, or custom jewelry manufacturing.

"Junkyard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations.

See Section 19.74.050.

"Kiosk" means a small booth with an open window on one or more sides for selling small consumables such as newspapers, magazines, street maps, and confections. An information kiosk (or information booth) dispenses information in the form of maps, pamphlets, and other literature, and/or advice offered by an attendant. An electronic kiosk (or computer kiosk or interactive kiosk) houses a computer terminal that may store data locally, or retrieve it from a computer network and provide an informational public service or serve a commercial purpose. Kiosks shall be fixed in nature and may not be movable. Kiosks do not include push carts or vending machines. Additionally, a kiosk is not to exceed twenty square feet in area and shall be located on public plazas or private leaseholds.

"Kitchen" or "kitchenette" means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen.

"Land Use Plan" means the relevant portion of the City's General Plan which is sufficiently detailed to indicate the kinds, location and intensity of land uses, the applicable resource protection and development policies, and where necessary, a listing of implementing actions.

"Landscaping" means planting, including living trees, shrubs, lawn areas and ground cover suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development.

A legal nonconforming structure is one which was in compliance with zoning and building codes in force at the time of initiation of the construction of the structure as evidenced by such governmental permits and/or approvals as were required at the time of the construction, and due to subsequent changes in zoning no longer complies with the current zoning requirements.

A place or business engaged in the primary business of off-sale alcoholic beverages. For the purposes of this chapter, primary business shall mean twenty-five percent or more of the shelf area for a business.

"Live entertainment" includes live music, recorded music, music played by a DJ, comedy, karaoke, readings, dancing, acting, or other entertainment performed on a site three or more days during a calendar year. This includes dancing by patrons to live music, recorded music, or music played by a DJ or disk jockey.

A "live/work unit" means a structure or portion of a structure combining a residential living space for a group of persons including not more than four adults in the same unit with an integrated work space principally used by one or more of the residents of that unit.

"Loading area" means an area of adequate size for the delivery vehicles expected to be used, logically and conveniently located for bulk pickup and delivery, readily accessible when required parking spaces are filled, and located totally outside of any street or alley right-of-way.

"Local coastal program" means the City's: (1) land use plan; (2) zoning ordinance; (3) land use/zoning maps, and other implementing actions which, when taken together, meet the requirements of, and implement the provisions and policies of the 1976 Coastal Act.

A site or parcel of land under one ownership that has been legally subdivided, resubdivided, combined, or merged.

"Lot area" means the computed area contained with the lot lines.

"Corner lot" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, where such intersecting streets or parts of the same street form an interior angle of less than one hundred thirty-five degrees. The point of intersection of the street right-of-way lines is to be considered the corner.

"Lot coverage" is that portion of the area of a lot, expressed as a percentage occupied by all buildings or structures roofed or otherwise, more than thirty inches above grade level.

"Lot depth" means the mean horizontal distance between the front and rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line.

An interior lot having frontage or more than one street or a corner lot having frontage on more than two streets. Each street frontage of an interior lot and the two shortest street frontages of a corner lot shall be deemed a front lot line and front yard setback requirements of the underlying district shall be met on both street frontage, except as otherwise determined in this ordinance.

"Interior lot" means a lot other than a corner lot, or reversed corner lot.

"Front lot line" means the line separating the lot from the street. In the case of a corner lot, or reversed corner lot, the front lot line is the shorter of any two adjacent street lot lines, except as otherwise determined in this ordinance.

"Rear lot line" means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:

"Lot line" means a line of record bounding a lot that divides one lot from another lot or from a public or private street or other public space.

"Side lot line" means any lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a side street lot line.

"Street or alley lot line" means a lot line separating the lot from a street or alley.

"Reversed corner lot" means a corner lot where the rear lot line abuts against the side lot line of an interior lot.

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

"Main street" is defined as the primary street adjacent to a parcel that carries the largest amount of pedestrian and automotive traffic. For the commercial zones within the City, the main streets are considered Palm Avenue, Old Palm Avenue, State Route 75 (SR-75), Seacoast Drive, Imperial Beach Boulevard, and 13th Street.

"Massage therapy establishment" means a fixed location at which a massage business engages in or carries on a commercial activity involving, in whole or in part, the recurring giving or administering of massages on the premises, consistent with the definition in Section 4.28.020 of the Imperial Beach Municipal Code, and in compliance with SB 731. This definition specifically excludes any adult-oriented business as defined in Chapter 19.60 of the Imperial Beach Municipal Code.

"Minor impact utility" means a small substation for transmission of public utilities.

"Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured home includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974.

"Manufactured housing community" means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more manufactured homes occupied as a residence.

"Manufactured home site" means that portion of a manufactured housing community set aside and designated for the occupancy of a manufactured home and including the area set aside or used for parking or structures including awnings, cabanas or ramadas which are accessory to the manufactured home.

"Mixed-use development" means a development consisting of one or more lots developed as a cohesive project and designed with a blend of various compatible uses such as commercial, residential, and institutional. The uses may be located in the same building or in separate buildings on the same site plan. A mixed-use development should not consist exclusively of live/work units.

"Model studio" means a business establishment wherein the patrons may view, paint, draw or photograph a live model who is unclothed or partly clothed.

"Monopole" means a structure composed of a single spire used to support equipment that is part of a wireless communications facility.

See "Hotel."

"Motor home" means a motor vehicle designed or used for living and sleeping purposes.

See "Hotel."

"Natural disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.

"Net floor area" means the total horizontal area of all the floors of a building included within the interior walls, exclusive of areas used exclusively for permanently installed heating and air conditioning units, mechanical equipment rooms, elevator shafts, basements or attics less than seven feet in height, permanent parking spaces, driveways, ramps, common kitchens, bathrooms, and hallways included within a building and areas used exclusively by employees in commercial and manufacturing businesses within a building.

"Nursing home" means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious diseases, mental diseases, alcoholism or drug addiction.

"Common open space" means those usable outdoor spaces commonly accessible to all residents and users of the building for the purpose of passive or active recreation.

"Private open space" means an area connected or immediately adjacent to a dwelling unit. The space can be a balcony, porch, ground or above grade patio, or roof deck used exclusively by the occupants of the dwelling unit and their guests.

"Public open space" means those usable outdoor spaces commonly accessible to all residents and users of the building for the purpose of passive or active recreation.

"Usable open space" means an unobstructed portion of a lot which has a minimum dimension of ten feet in every direction, is landscaped and developed for active or passive recreational and leisure use, and is conveniently located and accessible. Open space intended to serve all the units of a project shall be accessible and convenient to all units. Private open space shall be accessible and convenient to the unit(s) intended to be served.

"Palm reading establishment" means any business which engages in, conducts, advertises, or offers as a service the occupation, business, science or art of astrology, palmistry, phrenology, life reading, fortune telling, palm reading, cartomancy, clairvoyance, necromancy or other occult art or science, for entertainment or otherwise.

"Parapet" means a low protective wall or railing along the edge of a raised structure such as a roof or balcony.

"Parking area" means an area used for parking of motor vehicles, including the actual parking space and the turning areas and driveways.

"Commercial parking" means parking facilities serving commercial or mixed commercial-residential buildings or uses. Commercial parking shall also include temporary parking facilities for transient motor vehicles, for which compensation is received.

"Parking space" means a permanently surfaced area meeting the minimum requirements of this title and designed or used for the parking of a motor vehicle.

"Paseo" means a path set aside for pedestrian walking that may pass through any part of a parcel to access points away from the main street edge.

"Pedestrian entrance" means a functional entrance or door that is accessible to the general public from an enclosed occupied space. This does not include entrances to mechanical equipment or storage areas, emergency exits, or decorative nonfunctional doors and entrances.

"Person" means any individual, organization, partnership or other business association or corporation, including any utility, and any Federal, State, local government or special district or any agency thereof.

"Permitted use" means any use listed in a zone as a principal permitted use or accessory use, and further includes a conditional use as listed for the particular zone, provided a conditional use permit is obtained.

"Personal convenience services" include commercial establishments such as, but not limited to, dry cleaners, shoe repair, drug stores, convenience stores, barber shops, hair salons, nail salons, mailing centers, ticket sales, and travel agents, excluding any adult uses as defined in Chapter 19.04.

"Planned development permit" means a permit issued by the Planning Commission authorizing the actual development and construction within a planned development.

A "plaza" is a type of public open space usually located near urban buildings and often featuring walkways, trees and shrubs, places to sit, and sometimes smaller shops.

"Pool or billiard hall" means a business establishment containing more than two pool or billiard tables for the use of patrons.

"Architectural projection" means anything attached to and extended outside the outer face of the exterior wall of a structure and not intended for shelter or occupancy.

See "Lot line."

A "public parking lot" means a parking area that contains parking spaces available to all members of the public on a free or for-fee basis, for purposes of parking a motor vehicle while accessing other areas in the city.

"Public trust lands" shall be defined as all lands subject to the common law trust for commerce, navigation, fisheries, recreation and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the public trust at any time.

"Public works" means the following:

"Religious assembly" means an institution organized and operated for nonprofit purposes within the provisions of Section 501(c)(3) of the Internal Revenue Code and Section 23701d of the California Revenue and Taxation Code and to whom the Franchise Tax Board has issued a determination exempting the organization from tax, which people regularly attend to participate in or hold religious services, meetings, and other activities.

"Residential density" means the average number of dwelling units on one acre of land in a given area. Net residential density is determined by dividing the total number of dwelling units in a defined area by the total acreage of all parcels of land with the area that are used for residential and accessory purposes. Gross residential density is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and other public facilities into the total number of dwelling units in the area.

"Residential zone" means land classified in one of the following zoning districts: R-1-3800, R-1-6000, R-3000, R-3000-D, R-2000, R-1500.

"Restaurant" means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has an adequate seating area for the consumption of meals and suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals. As used in this definition, the word "meals" means the usual assortment of foods commonly ordered at various hours of the day; the services of only such foods as sandwiches or salads shall not be deemed in compliance with this requirement. As used in this definition, the words "suitable kitchen facilities" shall include cooking equipment (such as deep fryers, stoves or ovens) requiring hood fans, an operable dish washing machine, and a central freezing and refrigeration area. The percentage of alcohol sales in monetary terms shall not exceed that of food sales and still comply with this definition.

"Ground floor retail" is considered a general commercial use that is oriented along the street wall facing a main street with pedestrian movement, serves as a component of a mixed-use or multi-story project, and is suitable for a broad range of retail types that add to and benefit from a pedestrian retail context.

"Retail sales" refers to establishments primarily engaged in the sale or rental of goods or merchandise for personal or household use. Typical uses would include department stores, variety stores, drug stores, jewelry stores, apparel stores, and furniture stores.

"Retirement home" means a building or buildings without kitchens in the individual living units, designed or used for the permanent residence of persons who are retired.

"Satellite dish antenna" means a device or instrument designed or used for the reception of television or other electronic communication signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar configured structure, typically six to twelve feet in diameter, in the shape of a shallow dish or parabola.

"School" means an educational institution as defined in Title 19 of this code.

"Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks and flood control and drainage channels.

"Secondhand or used merchandise" means merchandise that has been owned or used by any person other than the original manufacturer or distributors of that merchandise when new, or which has ever been used in a manner that is consistent with an ultimate or final consumer, whether or not wear or deterioration can be found.

"Secondhand store" or "thrift shop" means a place of business that engages in buying and selling, trading, or accepting for sale on consignment previously sold property, excluding bona fide antique stores (see definition).

"Secretary" means the Secretary of the Planning Commission.

"Senior housing" or "senior units" means a housing development as defined in State of California Civil Code Section 51.3.

"Sensitive coastal resource areas" means those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. "Sensitive coastal resource areas" include the following:

"Setback" means the minimum horizontal distance between the lot line and the building line, or a line parallel to the lot line if there is no building line.

"Sexual encounter studio and rap parlor" means a business establishment wherein the patrons thereof are invited to discuss sexual matters or engage in sexual activities with an unclothed or partially unclothed person and who pay a fee for such discussion or activities. This definition shall not include therapy sessions conducted by physicians, therapists and counselors licensed and regulated by the state.

"Short-term rental" means the renting, leasing or letting of residential property for transient lodging, where the term of occupancy, possession or tenancy is less than thirty consecutive calendar days.

"Sign" means any writing, pictorial representation, symbol, banner, or any other figure of similar character of whatever material which is used to identify, announce, direct attention to or advertise, which is placed on the ground, on any bush, tree, rock, wall, post, fence, building, structure, vehicle, or on any place whatsoever and which is visible from outside a building. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, mailing, gluing, sticking, carving, stringing or otherwise fastening, affixing or making visible in any way whatsoever. The term "sign" shall not be deemed to include the flag of the State of California or of the United States of America or of any other nation.

A sign not exceeding eight feet in height which is supported by a base not exceeding twenty-five percent of the sign area and which extends the entire length of the sign area and is an integral part of the design.

"Single-family dwelling" means a lot containing one dwelling unit, not attached in any manner to another dwelling unit.

"Single-room occupancy unit" or an "SRO," means a room used for sleeping purposes that: (1) is occupied as a primary residence; (2) lacks, in the unit itself, either or both a kitchen or bathroom; and (3) is subject to state landlordtenant law pursuant to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.

See "Swimming pools."

"Specified sexual activities" is defined as follows:

"Stealth facility" means any communications facility that is designed to blend into the surrounding environment and is visually unobtrusive. Examples of stealth facilities may include roof-mounted antennae that are architecturally screened, facade-mounted antennae painted and treated as architectural elements to blend with the building, and facilities appearing to be artwork, clock towers, flag poles, trees or other interesting, appropriate and compatible visual forms. Also known as concealed telecommunications facilities.

"Stepback" means the minimum horizontal distance between the building line of a developed floor beneath and the building line of a floor above the ground floor along any side of a structure as defined in the respective zones in this code.

"Story" is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the top-most floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor is more than six feet above grade as defined by the Uniform Building Code for more than fifty percent of the total perimeter or is more than twelve feet above grade at any point, such usable or unused under-floor space shall be considered as a story.

"Story, first," is the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade as defined in the Uniform Building Code, for more than fifty percent of the total perimeter, or not more than eight feet below grade, at any point.

"Street" means a public right-of-way more than thirty feet in width, which provides a public means of access to abutting property. "Street" includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term. The term street shall include the total width of the dedicated right-of-way.

"Private street" means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more building sites.

"Street wall" means the building façade along a property line adjacent to any public street. The street wall may include arcades, colonnades, recessed entrances, private open space, and urban open space.

"Structure" means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

"Submerged lands" means lands which lie below the line of mean low tide.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community pursuant to Health and Safety Code Section 50675.14(a)(B)(2). Pursuant to Government Code Section 65583(a)(5), transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

"Swimming pool" means a container located above or below the existing finished grade that is designed for or used for swimming or wading by persons, or any outside body of water created by artificial means, designed or used for swimming or other immersion purposes, any part of which is two feet deep or more. For purposes of this definition, swimming pool includes spas and hot tubs.

"Tattoo establishment" means any business which places, by any method, designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments.

"Tidelands" means lands which are located between the lines of mean high tide and mean low tide.

"Time share" means property in which a number of parties possess a right to the exclusive use of the property, or a portion of the property, for a specified recurring period of time.

"Trailer" means a vehicle including the following types:

"Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months pursuant to Health and Safety Code Section 50801(i). Pursuant to Government Code Section 65583(a)(5), transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

"Urban open space" means any usable space accessible to the general public that is one thousand square feet or greater in size such as plazas, parks, etc.

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

"Wall" means a solid vertical barrier attached to or part of a building, or a solid fence.

"Retaining wall" means a structure designed to support lateral pressure of retained soil materials equal in height to the height of the wall.

Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification, wetlands must have one or more of the following three attributes: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate is predominantly undrained hydric soil; and (3) the substrate is nonsoil and is saturated at some time during the growing season.

"Wireless communications facility" means a land use facility that supports antennae and sends or receives radio frequency signals. Wireless communications facilities include antennae and other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations and other accessory development. Also referred to as a telecommunication facility.

"Wireless facility support structure" means the electronic equipment housed in cabinets or small buildings that, together with antennae, comprises a PCS (personal communications services) facility or site. The cabinets or buildings typically include an air conditioning unit, a heating unit, electrical supply, telephone hook-up and back-up power supply.

"Yard" means an open space, that lies between the principal building or buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

"Front yard" means a yard extending across the full width of a lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line.

"Rear yard" means a yard extending across the full width of a lot and lying between the rear lot line and a line parallel thereto, and having a distance between them equal to the required rear yard depth as prescribed in each zone. Rear yards shall be measured by a line at right angles to the rear lot line, or by the radial line in the case of a curved rear lot line.

"Side yard" means a yard extending from the side lot line to a line parallel to and distant from such side lot line equal to the required side yard prescribed in each zone, and between the required front and rear yards.

"Street side yard" means a yard abutting a street (not alley) extending from the side lot line on the street to a line parallel to and distant from such side lot line equal to the required side yard depth prescribed in each zone, and between the required front yard and the rear lot line.