The ordinance codified in this volume shall be known and cited as the "Zoning Ordinance of the City of Irvine" or the "zoning ordinance." References to chapter and section numbers shall be referenced to this zoning ordinance.

(Code 1976, § V.E-101.1; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

The designations, locations, and boundaries of the districts established by this zoning ordinance include planning areas, overlay districts, and conservation and open space phased dedication districts. The area, shape, and comprehensive City-wide zoning district designations are delineated on an official map of the City entitled "Zoning District Map of the City of Irvine and Sphere of Influence, Orange County, California." The official map is in the Community Development Department.

(Code 1976, § V.E-101.2; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

A.

The purpose of this zoning ordinance shall be to adopt regulations to:

1.

Protect, promote, and enhance the public health, safety, and general welfare.

2.

Ensure that development within the City and the sphere of influence is consistent with the City's General Plan.

3.

Allocate to each planning area the corresponding General Plan land use intensities (General Plan land use element tables 1 through 6) for the purpose of ensuring consistency between zoning districts and the General Plan land use diagram.

4.

Promote compatibility between the natural and built environment through an implementation actions program (i.e., phased dedication and compensating opportunities program as defined in the open space element of the City's General Plan). Incorporate into the development review processes of the zoning ordinance the phased dedication of large contiguous areas of permanent open space as identified in the General Plan.

5.

Incorporate State-mandated development processing procedures and timeframes, and ensure that the zoning ordinance provides sufficient guidance to enable the City to make land use decisions in compliance with State-mandated procedures and timeframes.

6.

Maintain existing land use regulations where such regulations do not conflict with the General Plan.

7.

Couple infrastructure improvements with building intensity and population density standards.

8.

Develop new zoning standards and criteria where necessary to achieve consistency with the General Plan.

9.

Ensure adequate consideration for urban design in the City development process so new development enhances the City of Irvine as it matures.

10.

Promote the development of a safe, effective circulation and transportation network that accommodates the needs of all modes of transportation.

B.

It is not the intent of this zoning ordinance through its organization or use of standard zoning provisions to discourage innovative solutions when rezoning areas within the City or sphere of influence.

(Code 1976, § V.E-101.3; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

All actions, approvals and procedures taken with respect to or in accordance with this zoning ordinance shall be consistent with the City of Irvine General Plan. In the event this zoning ordinance becomes inconsistent with the City of Irvine General Plan by reason of the adoption of a new General Plan or by amendment of the existing General Plan or any of its elements, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the existing General Plan as amended. The procedure for the amendment of the zoning ordinance is contained in Chapter 2-38.

(Code 1976, § V.E-101.4; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

It is unlawful to erect, reconstruct, maintain, move, or structurally alter any building, structure, facades, or facility in any manner, or to use or allow the use of any building, facility or land for any purpose, other than as permitted by and in conformance with this zoning ordinance, and all other applicable ordinances, laws, regulations and maps.

(Code 1976, § V.E-101.5; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

Notwithstanding any other lawful exemptions to zoning regulations, the provisions of this title shall not apply to any buildings, improvements, lots or premises, owned, leased, operated or controlled by the City or any City Project for public purposes by the City of Irvine.

(Ord. No. 19-09, Exh. A, 7-23-19)

If uncertainty arises concerning the content or application of the zoning ordinance, it shall be the duty of the Director of Community Development to determine all pertinent facts and interpret the ordinance. Alternatively, the Director of Community Development may request the Planning Commission to make the interpretation. An interpretation by the Director of Community Development may be appealed to the Planning Commission as provided in Chapter 2-5.

(Code 1976, § V.E-101.6; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

The provisions of this zoning ordinance shall not be deemed or construed to repeal, amend, modify, alter, or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered, or changed herein, except in such particulars or matters as this zoning ordinance is more restrictive than other ordinances or part thereof. In all particulars wherein this zoning ordinance is not more restrictive than such other ordinances or part thereof, such other ordinance or part thereof shall remain in full force and effect.

(Code 1976, § V.E-101.7; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

Except as otherwise specifically provided, no provision of this zoning ordinance shall be construed as relieving any party to whom a discretionary approval is issued from any other provision, ordinance, rule or regulation of the City requiring a license, franchise, or permit to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use.

(Code 1976, § V.E-101.8; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

Enforcement of this ordinance shall be the responsibility of the Director of Community Development through the procedures and guidelines established by Chapter 2-10.

(Code 1976, § V.E-101.9; Ord. No. 92-3, 4-14-92; Ord. No. 95-4, 5-9-95)

The following words, terms and phrases, when used in this zoning ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access: The entrance to or exit from a property from a public or private street.

Accessory retail: The retail sale of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, industrial, or residential complex. These uses include, but are not limited to, the following: pharmacies, gift shops, and food service establishments within hospitals, as well as convenience stores and food service establishments within hotel, office, industrial, and residential complexes. Accessory retail is customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, or within the same tenant space/business that does not alter the principal use nor serve property other than the parcel or tenant space/business where the principal use is located. Accessory retail is not a generator of additional vehicle trips, parking needs, or adverse environmental impacts, and it occupies equal to or less than ten percent of the area of the principal use.

Accessory structure, minor: A non-habitable structure detached from the main building, on the same lot, which is incidental and subordinate to the main building or to the use of land. Examples of accessory structures include, but are not limited to, a garden shed, a storage shed, and a child's playhouse. Compare "Cabana," "Patio/gazebo, solid covered," and "Accessory structure, major." An "accessory dwelling unit" is considered a separate land use.

Accessory use: A use of the land or of a building which is: (1) clearly incidental and subordinate to the principal use of the land or building; (2) located on the same lot with the principal use; (3) not a generator of additional auto trips, parking needs, or adverse environmental impacts; (4) occupies equal to or less than ten percent of the area of the principal use. Where more than one accessory use occurs on a site, the total aggregate of all accessory uses must be equal to or less than ten percent; and (5) conforms with all building codes and this zoning ordinance. (See also "Principal use" and "Building, principal.")

Accessory wireless equipment: Any equipment associated with the installation of a wireless communication facility, including, but not limited to, cabling, generators, air conditioning units and equipment cabinets.

Acreage, gross: The total horizontal area within the boundaries of a subdivision, or within an individual lot or parcel of land, before the deduction of public streets, easements or other areas to be dedicated or reserved for public use that prohibits any surface use of the land. Gross acreage includes all private streets, drives, aisles and auto courts.

Acreage, net: The total horizontal area within the boundaries of a subdivision, or within an individual lot or parcel of land, after the deduction of public streets, easements, or other areas dedicated for public use that prohibits any surface use of the land. Net acreage includes all private streets, drives, aisles, auto courts, and in developed areas, land to be reserved for future area-wide roadway, parkway, or sidewalk improvements. Land underlying existing roadways, parkways, and sidewalks not yet dedicated to the City shall not be included as part of the net acreage calculation.

Activity: A business establishment with direct access to a parking lot or public right-of-way and under separate management from any other business establishment within the same building or structure. (See also "Accessory use" and "Principal use.")

Addition: A structure added to the original structure after completion of the original structure.

Adult bookstore: Any establishment which, as a regular and substantial portion of its business, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or related to specified sexual activities or specified anatomical parts. See "Sexually oriented business" for definition of regular and substantial portion of its business.

Adult cabaret: A nightclub, bar, restaurant or similar establishment or concern which features any type of live entertainment which is not prohibited by Title 4, Division 14, Chapter 5 of the Irvine City Code but is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Adult hotel/motel: A hotel or motel which, as a regular and substantial course of conduct, provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts and/or which rents, leases, or lets any room for less than a 12-hour period or rents, leases or lets any single room more than once in a 24-hour period and/or which advertises any of the above. See "Sexually oriented business" for definition of regular and substantial course of conduct.

Adult model studio: Any premises where there is conducted the business or transaction of furnishing, providing, or procuring figure models who pose in any manner which is not prohibited under Title 4, Division 14, Chapter 5 of the Irvine City Code but is still characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts for the purpose of being observed or viewed by any person or being sketched, painted, drawn, sculptured, photographed, filmed, videotaped, or otherwise similarly depicted before persons who pay a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe a figure model or as a condition of remaining on the premises. "Adult model studio" shall not include any studio or classroom which is operated by any public agency, or any public or private educational institution authorized by law to issue and confer a diploma or degree or any live art class.

Adult motion picture arcade: Any business establishment or concern containing coin- or slug-operated or manually or electronically controlled still or motion picture machines, projectors or other image-producing devices that are maintained to display images to individuals in individual viewing areas or to groups of between 10 and 30 persons in other viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Adult theater: A business establishment or concern which presents motion pictures, videocassettes, slide photographs, or other pictures which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts or presents any type of live entertainment which is not prohibited under Title 4, Division 14, Chapter 5 of the Irvine City Code, but is nonetheless characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Advertising device: Balloons of any size or variety; flag; statuary; pennant; propeller; oscillating, rotating, pulsating light; topiary landscaping; or similar contrivance; including, but not limited to, signs held, waved or rotated by individuals used to attract attention for the purpose of promoting the sale of products, except those flags or banners which are covered by the definition of "Architectural pennant/flag."

Advisory sign (convenience or directional sign): See "Sign, advisory (convenience or directional)."

Affordable housing: Residential units meeting the criteria set forth in the Housing Element of the City of Irvine General Plan.

Aggrieved person: Any person who, in person or through a representative, appeared at a public hearing of the City of Irvine in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of Irvine of the nature of his or her concerns or who for good cause was unable to do either.

Agricultural use: The production, keeping or maintenance of plants and/or animals useful to man, including, but not limited to, food and fiber crops, livestock forage and grazing, orchards, nursery and ornamental plants. This includes wholesale nurseries and produce stands. Greenhouses may be an accessory use. Agriculture does not include the processing of any products. (See also "Nursery, retail," "Dairy, commercial," "Greenhouse," "Packing plant for agricultural products," "Seasonal agricultural sales use" and "Annual agricultural sales use.")

Alcohol beverage control license: License issued by the California Department of Alcohol Beverage Control (Business and Professions Code § 23044) for businesses selling, purchasing, importing, exporting, or conducting business with alcohol beverages (Business and Professions Code § 23300) which necessitates an ABC license.

Alluvial fan: A geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

Alteration: As applied to a development, the act of changing the appearance of a site, a structure, a sign, etc.

Alternative health care provider: Locations where members of a profession provide alternative health services primarily of a preventative, treatment, therapeutic, or rehabilitative nature. Services are provided generally with one client at a time, generally for a minimum of one hour in duration, including, but not limited to, physical therapists, sports therapists, chiropractors, acupuncturists, and acupressurists. This definition does not include design professionals (see "Office, design professional") or massage establishments (see "Massage establishment") or administrative offices (see "Office, administrative, business, professional") or medical offices (see Office, medical").

Ambulance service: A facility whose primary function is to provide vehicle transport for wounded, injured or sick persons or animals. The facility typically operates 24 hours per day and provides on-site accommodations (i.e., sleeping, eating and bathing facilities) for employees.

Amusement park: A recreational development, operated for financial gain, which provides, primarily in an outdoor setting, mechanical rides such as roller coasters, bumper cars, go-carts, and other "thrill rides." See "Commercial recreation."

Animal hospital: See "Veterinary services, domestic."

Animals: See "Apiary," "Dairy, commercial," "Kennel," "Stables," "Veterinary services, domestic," and "Veterinary services, livestock."

Annual agricultural sales use: An agricultural use that provides agricultural products for sale to the general public on an annual basis. This use is not considered a permanent use. Examples of an annual agricultural sales use include, but are not limited to: fruit and vegetable stands, the general public picking fruit from orchards and plant nurseries (excluding wholesale-only plant nurseries which do not sell to the general public). Nonagricultural products may be sold consistent with the definition of an accessory use. (See also "Seasonal agricultural sales use," "Agricultural use" and "Accessory use.")

Antenna: Any device used to transmit and/or receive electromagnetic waves, particularly radio frequency (RF) or microwaves, which may be composed of one or more antenna arrays or panels as necessary for the device to properly function as an antenna.

Antenna array: Group of antenna elements located on the same geometric plane.

Antenna classes: Wireless communication facilities and their attendant accessory equipment are antennae separated into the following distinct "antenna classes" based on observed aesthetic impacts as follows:

Class 1 antenna: An antenna mounted on a nonresidential building and fully screened using camouflage design techniques so that the antenna panels are not visible. Typical examples include building mounted antennae behind a visually opaque screen designed to pass radio frequency signals that match or complement existing exterior surfaces of the building, or antennae designed to be incorporated within a vertical architectural feature of a building such as a steeple, cross, or other integral vertical element.

Class 2 antenna: An antenna mounted behind screens designed to replicate natural features such as rocks and shrubbery and mounted in hillside areas or other natural areas where the screen effectively and fully blends into the surrounding vegetation or topography so that the antenna is not visible. Typical examples include a monorock or monoshrub.

Class 4 antenna: An antenna co-located on an approved or existing wireless communication facility and mounted in the same manner and with the same camouflage design techniques as the approved or existing wireless communication facility. No more than three antennae may be located on the same wireless communication facility. Co-location on a new site may also be allowed but shall be processed according to the type of facility being proposed and its location, pursuant to Section 2-37.5-3 (i.e., a new co-located site proposed on a monopalm would be processed as a Class 10 antenna). Typical examples include co-located facilities or distributed antennas systems.

Class 5 antenna: An antenna and associated equipment system that is a temporary (not more than 180 days) and mobile unit intended to provide coverage on an interim basis until a permanent facility to provide coverage for the same general area is operational, or in connection with a special event of a temporary duration (not more than 30 days). Typical examples include a "Cell-On-Wheels" (COW). A COW installation associated with a special event permit shall be exempt from the review process described in Section 2-37.5, provided that the COW is included in the description of the special event permit.

Class 6 antenna: An antenna mounted on an existing sports field light standard or utility lattice tower or an antenna mounted on a streetlight or traffic signal standard that exceeds the size limitations of a small utility facility. Typical examples include antennae mounted to a sports field lighting standard or a utility lattice tower where the antenna panels are visible and the placement of the antennae in relation to the light fixtures or the structural elements of the lattice tower and appropriate paint applications are applied to match the color of the light standard or tower as a means to disguise the installation. Any new streetlight standard or traffic signal standard proposed must be consistent with Section 103 or 104, respectively, of the City Standards and Design Manual.

Class 7 antenna: An antenna mounted within the cylinder of a flagpole or other cylindrical vertical structure. Typical examples include antennae mounted inside a flagpole or on top of a flagpole using a cylindrical antenna unit that replicates the diameter and color of the flagpole or other similar vertical element.

Class 8 antenna: An antenna mounted on a nonresidential building or structure that is treated with camouflage design techniques, but with only the antenna panels still visible. Typical examples of this class of antenna would include antennae mounted on the exterior of the building or fixed to the side of some other structure, such as a above-ground water storage tank, so that the antenna panels are visible but painted to match the color of the building or structure.

Class 9 antenna: An antenna mounted on the interior of a freestanding structure that has been built solely for the purpose of supporting the wireless communication facility using camouflage design techniques so that the wireless communication facility is fully enclosed within the structure and the antenna panels are not visible. Typical structures used to enclose the freestanding facilities may include signs, clock towers, lighthouses, water towers, campanile (bell tower), windmill, or other suitable vertical structures. Such structures shall always be compatible with and not out of character with other surrounding structures, facilities, and surroundings.

Class 10 antenna: An antenna mounted on the exterior of a freestanding structure that has been built primarily for the purpose of supporting the wireless communication facility using camouflage design techniques that only partially hide or disguise the antenna panels but leave them visible. Typical examples include monopines or monopalms.

Class 11 antenna: An antenna mounted on the exterior of a freestanding pole that has been built primarily for the purpose of supporting the wireless communication facility, or on the exterior of an existing pole-style utility line tower, using minimal camouflage design techniques that leave the antenna panels clearly visible. Typical examples include monopoles.

Apartment complex for lease/rent directional sign: See "Sign, apartment complex for lease/rent directional."

Apex: The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

Apiary: A place where bees are kept, usually for the purpose of harvesting the honey they produce.

Appeal: A request for review by a higher authority of a decision made by an approval body. (See Chapter 2-5 for appeal procedure.)

Appeal, floodplain: A request for a review of the Floodplain Administrator's interpretation of any provisions of this ordinance or a request for a variance.

Arcade, game (indoor): A commercial establishment containing six or more video, pinball, pool tables or other games, or a business with more than one game per 500 square feet of gross floor area.

Archeological site: A land area which shows evidence or artifacts of human, plant or animal activity, usually dating from periods of which only vestiges remain.

Architectural features: A prominent or significant part or element of a building such as (but not limited to) horizontal or vertical projections or appurtenances on buildings which provide visual variation and/or relief (i.e., gables, cupolas, elevator shafts, and similar features). The interior space created by such a horizontal projection may serve as usable space (i.e., counter space, bookshelves, window seat, greenhouse window), but may not increase the floor area of the building (i.e., may not project from the building at floor level). In no case may such usable space exceed 50 percent of the length of the wall of the room. The aggregate total of such spaces on a single building elevation may not exceed 20 percent of the total length of the elevation (these limitations shall not apply to architectural features such as eaves, cornices, "eyebrows," etc.).

Architectural pennant/flag: A lightweight, flexible colored fabric of any size or material intended to be suspended in the air. An architectural pennant or flag is designed for a specific development and intended for installation on a permanent structure or standard.

Area of a sign: See "Sign area."

Area of shallow flooding: A designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard: Land area within the City which is susceptible to being inundated by water from any source subject to a one percent or greater chance in any given year. The Federal Insurance Administrator designates areas of special flood hazards within the City through publication of a flood hazard boundary map or a flood insurance rate map (see "flood").

Athletic court facilities: A quadrangular space walled, marked or designated for playing one of various games with a ball, such as basketball, tennis volleyball or handball.

Automobile repair: See "Vehicle repair."

Automobile repair specialty shop: A retail and service place of business engaged primarily in light repair and sale of goods and services for automotive vehicles including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission and engine rebuilding are not permitted.

Automobile sales: See "Vehicle sales."

Automobile service station: See "Gas station/fuel dispenser," "Vehicle repair," "Carwash" and "Convenience or liquor store" for the component uses associated with this type of business.

Automobile storage: See "Vehicle storage."

Automobile wrecking: See "Vehicle wrecking yard."

Average daily trips: The total bi-directional volume of traffic passing through a given point during a given period of time in whole days greater than one day and less than one year, excluding Saturdays, Sundays, and holidays, divided by the number of days in that time period, excluding Saturdays, Sundays, and holidays.

Average trip rate: A weighted average of the number of vehicle trips per unit of an independent variable (e.g., building square footage or dwelling unit) using a site's driveway(s). The average rate is calculated by adding all trips and all independent variables where paired data is available, and then dividing the sum of trips by the sum of independent variable units. Average trip rates can be broken down into peak hour, weekday, weekend, inbound and outbound.

Aviary: Any property, building or cage where 20 or more birds are maintained.

Bank: See "Financial institution."

Bar: A structure or tenant space in a structure used primarily for the sale or dispensing of liquor by the drink. (Also includes "Tavern," and "Cocktail lounge.")

Base flood: A flood which has a one percent chance of being equaled or exceeded in any given year (also called the 100-year flood). "Base flood" is the term used throughout this ordinance.

Base station. A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network, as defined in Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, H.R. 3630, 126 Stat 156 (enacted Feb. 22, 2012); provided, however, that the term does not encompass (1) a Tower or (2) any structure that does not support or house equipment such as equipment associated with wireless communications that has been reviewed and approved under the City's zoning process.

Basement: Any area of the building having its floor subgrade (below ground level) on all sides.

Batch broadband permit: A permit for multiple substantially similar broadband project sites. In addition to the requirements found in Chapter 2-6 of the Zoning Ordinance, a broadband batch permit shall comply with all requirements found in the Zoning Ordinance for such broadband project as if it were a standalone project.

Batch broadband permit processing: The simultaneous processing of up to 50 substantially similar Broadband Permit Applications for substantially similar broadband project sites under a single permit. In order to qualify for batch broadband permit processing, the applicant must submit at least two Broadband Permit Applications simultaneously and must also indicate that they believe they are entitled to Batch Broadband Permit processing on each such application, and refer to each such batched application by a unique identifying alphanumeric designation. (See also "simultaneous".)

Batch small utility facility application: An application for multiple small utility facilities at multiple locations, or multiple applications for separate facilities at multiple locations submitted at once.

Batting cage(s): A batting cage is a permanent or non-permanent outdoor space that is generally enclosed by fencing, netting, or some other barrier, and which is used for practicing baseball or softball hitting. A batting cage does not include equipment used in baseball or softball that is not generally enclosed, used for a temporary period and which can be dissembled, or compressed and moved after use (i.e., backstop, hitting nets, etc.).

Batting cage(s), temporary: A batting cage that is non-permanent in nature, and shall be disassembled, or compressed and stored after each use. If the temporary batting cage is not disassembled, or compressed and moved, after each use, then it shall be considered a batting cage and be subject to all the applicable regulations for that use.

Bedroom: Any room with a closet located in a dwelling unit or accessory dwelling unit that can be used for sleeping purposes (which is not a bathroom, kitchen, dining room, den, living room, or any other equivalent) that is separated from other rooms by a door and is designed to provide privacy to the occupant.

Berm: A mound of earth usually used to provide screening or sound attenuation.

Bicycle rack:

A.

Class I: A stationary bicycle storage rack designed to secure the frame and both wheels of the bicycle where the cyclist supplies only a padlock.

B.

Class II: A stationary bicycle rack, typically a vertical hoop or bar, where the cyclist supplies a padlock and chain or cable.

Bicycle trail: A paved pathway designed to be used primarily by bicyclists.

Boarding house: A residence or dwelling unit, or portion(s) thereof, other than a hotel/motel, wherein two (2) or more rooms are independently rented or there are two (2) or more separate written or oral rental agreements, leases or subleases or combination thereof, regardless of whether or not the owner, agent or rental manager resides within the residence or dwelling unit. "Boarding House" shall not include a hotel/motel, single room occupancy hotel (SRO), or any structure which provides housing for less than 31 consecutive days, and "Boarding House" shall not include a facility licensed by the State Department of Health Services, the State Department of Social Welfare, or the County of Orange; convalescent homes; or community care or congregate care facilities.

Breakaway walls: Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

A.

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

B.

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

Broadband permit application: An application submitted to the City pursuant to Gov. Code Section 65964.3 to permit the construction of a broadband project.

Broadband project: A proposed facility, including the support structure and any supporting equipment necessary for operation of a facility to provide a broadband service, including, but not limited to personal wireless service or internet service. A broadband project may be comprised of one or more components, including, but not limited to, a wireless facility, a fiber optic connection, and other supporting equipment, each of which may traditionally require separate permits or authorizations by the City. A broadband project does not include a modification to an existing wireless facility or base station that would qualify as an eligible facilities request under Section 1455 of Title 47 of the United States Code or eligible facilities permit under this Code.

Broadband project site: The location on which a broadband project will be located, inclusive of the broadband project.

Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

Building coverage: See "Site coverage."

Building face: The total area of a building elevation, excluding the area of the roof.

Building footprint: The total area on the first or ground-level floor of a building, as measured from the exterior face of the exterior walls.

Building height: The vertical distance measured from the average ground level grade adjacent to the building to:

A.

The highest point of the parapet of a flat roof; or

B.

The deck line of a mansard roof; or

C.

The mean average point between the eaves and ridge of the highest gable, hip, gambrel or other such roof element, provided that the ridge line of the roof shall not exceed four feet above the maximum permitted building height of the zone; or

D.

The highest point of a structure which is not defined as a building. (Building height limitations shall apply to all structures per Chapter 3-9.)

Building intensity standard: The maximum commercial, industrial and institutional gross square footage and/or range of dwelling units that may be approved for each zoning category within each planning area. (See also footnotes 1 and 2 of the General Plan land use element statistical tables 1 through 6.)

Building Official: The chief officer and City administrative authority who is designated with responsibility of management, administration and enforcement of City codes, standards and regulations.

Building permit standard: The maximum commercial, industrial, and institutional square footage and/or range of dwelling units that may receive building permits for each zoning category within each planning area.

Building, principal: A building where the primary use of a site is conducted.

Business identification sign: See "Sign, business identification."

Business park: This category applies to the location of businesses and industries primarily engaged in: light manufacturing; business, professional and administrative offices; and service industries within Planning Area 4 (Lower Peters Canyon).

Cabana: A one-story structure enclosed on only one exposed side that is detached from the main building. The roof of the cabana must be of a solid construction so as to protect the area below the structure from the elements. Compare "Accessory structure, major," "Patio/gazebo, solid covered," and "Accessory structure, minor."

Cabinet sign: See "Sign, cabinet, can or cloud."

Camouflage design techniques: Measures used in the design and siting of wireless communication facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. Techniques may include the following:

A.

Screening elements to camouflage, disguise, or otherwise hide the wireless communication facility from view from surrounding uses.

B.

Painting and/or coloring the facility to blend into the predominant visual backdrop.

C.

Siting the facility to utilize existing features (buildings, topography, vegetation, etc.) to screen, camouflage, or hide the facility.

D.

Utilizing simulated natural features (trees, rocks, etc.).

E.

Providing facilities of a size that, as determined by the City, is not visually obtrusive such that any effort to screen the facility would create greater visual impacts than the facility itself.

Camouflage facility: A wireless communication facility utilizing effective and appropriate camouflage design techniques such that the antennae and accessory wireless equipment are not visible or not readily visible.

Cannabis testing laboratory: A laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and, (2) Licensed by the bureau.

Canopy: A fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground.

Canopy coverage: Area of a parking lot (parking stalls and drive aisles) shaded by the spread of tree canopies within 15 years after installation or at maturity, whichever is first. The following surfaced areas are exempt from this requirement: truck loading, maneuvering and parking areas, and display, sales, service and vehicle storage areas of auto dealerships. Canopy coverage (or spread) square footage shall be determined, as follows: a 20-foot diameter canopy will shade 314 square feet; a 25-foot diameter canopy will shade 491 square feet; a 30-foot diameter canopy will shade 704 square feet; and a 35-foot diameter canopy will shade 962 square feet. Eligible tree species are identified in the City of Irvine Landscape Manual, "Tree Planting Guidelines" and/or the Street Tree Seminar, Inc., "Street Trees Recommended for Southern California."

Canopy sign: See "Sign, canopy."

Canopy tree: A tree that will reach a minimum height of 35 feet with a spread or canopy diameter of 25 feet at 15 years after installation or at maturity, whichever is first. Tree limbs or bottom of canopy will have an eventual height of 14.5 feet over the parking area to provide clearance for vehicles.

Caretaker's quarters: A single dwelling unit, on a nonresidential property, intended for use by a person or family whose primary function is to safeguard the property. The intent of a caretaker's quarters is not to add residential units to a nonresidential site. A caretaker's unit shall not be considered as a residential use and not calculated in the following residential intensity tables:

A.

General Plan land use element statistical tables 1 through 6; and

B.

The adopted development monitoring program.

Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.

Carwash: Any building or land or portions thereof used for the business of washing automobiles.

CC&Rs: Conditions, covenants and restrictions which establish a set of private regulations for the development and use of private property.

Cell site: Transmitting and receiving antennae with associated equipment.

Cemetery/mausoleum/crematory: A place where human and/or animal remains are interred, cremated and memorialized.

Changeable copy only: A format used with electronic message centers that will regulate the displaying of alpha/numeric and graphic information. The format shall conform with Caltrans regulations. Each frame of information shall be displayed in a "change-only" mode for a minimum of four seconds with a minimum of a one-second blank interval between frames.

Charitable institution: A nonprofit or philanthropic organization that provides a service beneficial to the general public or to a significant portion of the public for no fee or at a fee recognized as being less than that charged by profit-making organizations.

Chief executive officer of the community (CEO): The City Manager of Irvine.

Child: See "Infant," "Toddler," and "School-age child."

Child care center: Any facility of any capacity other than a large or small family day care home in which less than 24-hour-per-day nonmedical care and supervision is provided for children in a group setting.

Christmas tree lots: See "Seasonal use."

Cinema: A motion picture theater. See "Commercial recreation."

City: The City of Irvine, California.

City Council: The City Council of the City of Irvine, California.

Civic, governmental and cultural: This land use applies to community facilities, municipal offices, district headquarters, theaters, museums, galleries and other similar gathering places for the purpose of public meetings or events.

Clinic: See "Community facility," "Hospital," "Office, medical," and "Public park facility." Within Planning Area 4 (Lower Peters Canyon) a clinic is defined as an organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but not including inpatient or overnight accommodations.

Club, fraternal and service: See "Fraternal and service club."

Cluster residential: See "Residential, attached."

Coastal zone development: Any development which takes place in the coastal zone as depicted in Figure 2-7.

Cocktail lounge: See "Bar."

Co-location: The mounting or installation of wireless transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Collection facility: See "Small collection facility," "Large collection facility," and "Recycling center."

Commercial: A business operated for financial gain.

Commercial center: A building or group of buildings designed as a planned development and used for commercial and related purposes.

Commercial coach: See "Manufactured structure."

Commercial, community: This designation includes, but is not limited to, automobile service, retail professional/administrative offices, commercial recreation, service businesses, hotels and motels, restaurants and other retail or service uses frequently required on a daily basis by nearby residents and the business community.

Commercial, neighborhood: Retail centers located within residential neighborhoods which provide everyday goods and services. Neighborhood commercial centers are generally characterized by a supermarket, drugstore, liquor store, bank, service station, fast food service, and other small retail or service establishments.

Commercial recreation: Any use or development, either public or private, providing amusement, pleasure, sport, diversion, exercise or other resource affording relaxation and enjoyment which is operated primarily for financial gain. Typical uses may include, but are not limited to: batting cages, cinemas, theaters, indoor shooting ranges, indoor go-cart racing facilities, and miniature golf courses. However, only the land use category "Commercial recreation (over 1,500 square feet)" includes amusement parks. See also "Amusement park."

Commercial, regional: The regional center is to be a large shopping center with a variety of large department stores and specialty shops. It may include other types of land uses such as professional offices, institutional and governmental uses, hotels and motels.

Commercial school: See "School, commercial."

Commercial sign: A sign that contains commercial speech or a commercial message.

Commercial speech or commercial message: A message or image that proposes a commercial transaction and/or that primarily concerns the economic interests of the speaker, an individual or company that the speaker represents, a message sponsor, the viewing audience, or a combination thereof.

Commercial, vehicle related: This category applies to commercial areas which are designed primarily to provide for the sale and servicing of, and parts for, automobiles and recreational vehicles.

Community association: See "Homeowners' association."

Community center: A recreational building or room(s) for people to gather or assemble, in either public or private, used by residents of a neighborhood, such as a recreation center (i.e., meeting rooms, classrooms, media rooms or multi-purpose rooms, and club rooms).

Community centers: Nongovernmental facilities used by residents of a neighborhood, such as a recreation center serving a homeowners' association.

Community collector: An operational designation for a medium speed highway abutting similar land uses. The primary function is to collect and distribute trips within a hierarchy of roads and, secondarily, to carry short trips between adjacent neighborhoods. A community collector has emergency parking only and has a significant amount of parallel and perpendicular pedestrian traffic (see General Plan, circulation element).

Community Development Department: The Community Development Department of the City of Irvine, California.

Community facility: A building or site used for recreational, social, educational and cultural activities, owned and operated by a nonprofit group or a commercial entity. Public park and ride facilities are included in this definition.

Community information center: A temporary structure, administrative facilities, and parking area principally used as an information pavilion and/or office for the sale of homes in the community, including parking and administrative facilities.

Commuter highway: An arterial highway of two through lanes and an undivided median. Commuters provide for: (1) the movement of inter-village traffic, or (2) the movement of traffic to and from activity centers within villages. Two-lane undivided roadways that exclusively provide for the collection or distribution of local traffic are defined as local roadways (see General Plan, circulation element).

Composting facility: A facility that accepts garden, wood and other organic waste to reprocess into soil additives, wood chips, or other products.

Computer assembly: The manufacture of computer hardware, including any machinery necessary for the operation of an information system. For purposes of this zoning ordinance, computer assembly is considered manufacturing.

Computer design: The creation of computer equipment, systems and programs (software). For purposes of this zoning ordinance, computer design is considered research and development.

Computer time share service: A business which utilizes computers to assist other businesses and industries with such functions as design development, accounting, billing, employee insurance and health care plans, payroll and analysis of data. For purposes of this zoning ordinance, computer time share services are considered both service businesses and service industries.

Concealment elements. All of those standards, regulations and rules imposed on an existing tower or base station that are intended to minimize the visual and physical impacts of the towers or base stations. These standards include, but are not limited to, all conditions that are placed on previously approved wireless communication facility permits and conditional use permits.

Conceptual site plan: For the purpose of transfer of development rights (TDR) applications, this shall imply a general identification of the uses being proposed on the receiving site including, but not limited to, an estimation of the mix and percentage of uses on-site and the approximate locations of access points.

Concrete recycling facility: A processing facility that accepts only products of demolition, including, but not limited to, any stone or rock materials, broken or crushed asphalt concrete, concrete products, or Portland cement concrete, to be recycled and used as new construction material. Demolished and/or recycled materials may be stored or stockpiled temporarily on site. A solid waste transfer station is not considered an accessory use.

Conditional use: A land use which is not permitted by right, but which may be appropriate in a given zoning district subject to conditions of approval. The use may occur only upon approval of a conditional use permit pursuant to the procedures established in Chapter 2-9.

Condominium: An estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

Conference/convention facility: A building or area designated to accommodate large groups of people usually for social occasions, or the exchange of information related to professional or commercial activity. Such a facility typically contains various large assembly halls, conference rooms, and food service facilities.

Congregate care facility: A housing development of five or more dwelling units which is planned, designed and managed to include facilities and common space that maximize the residents' potential for independent living. This includes senior assisted living facilities. The facility may be occupied by elderly or handicapped persons or households as defined in Health and Safety Code §§ 50067 and 50072 or successor statute. The direct services that are provided or made available shall relate to the nutritional, social, recreational, housekeeping and personal needs of the residents, and shall be provided or made available at a level necessary to assist the residents to function independently. "Direct services" means meals, housekeeping services, transportation services, and planned recreational and social activities which shall be provided to the residents directly by the management of the congregate housing. Support services are social services, day care services and in-home services which the management of the congregate housing shall assist the residents in obtaining at the request of the residents.

Construction sign: See "Sign, construction."

Contiguous lots or parcels: Property shall be considered as a contiguous unit even if it is separated by roads, streets, utility easements or railroad rights-of-way.

Controlled access gate: See "Gates, controlled access."

Convalescent home: A facility licensed by the State Department of Health Services, the State Department of Social Welfare, or the County of Orange, which provides bed and ambulatory care for patients with post-operative convalescent, chronic illness or dietary problems, and persons unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions (see "Nursing home," "Rest home" and "Home for the aged").

Convenience or liquor store: A retail outlet, of less than 15,000 square feet, whose principal merchandise consists of food and/or liquor. Additional items featured are used for everyday living, usually purchased at a convenient nearby location without comparison shopping. Sale of food prepared for individual clients by store personnel must meet criteria of "Accessory use."

Convenience sign: See "Sign, advisory."

Conveyance area: Preservation areas that are to be conveyed to the City as part of the conservation and open space element implementation actions program.

Copy: Any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.

Corner lot: A lot bounded by two or more intersecting streets that has an angle of intersection of not more than 135 degrees. The intersecting streets shall not be the same street. In determining the angle of intersection for a rounded corner, straight lines shall be drawn as extensions of both street lot lines. The calculation of the angle of intersection shall be made from the side facing toward the lot at the point where these two intersections meet.

Cottage food operations: A home occupation intended to produce certain non-potentially hazardous foods. These are foods that do not support the rapid growth of bacteria that would make people sick when held outside of refrigeration temperatures. Examples include, but are not limited to, baked goods without cream, custard or meat fillings; candy, such as brittle and toffee; dried fruit; and roasted coffee and dried tea. A complete list of acceptable cottage food items is maintained and updated by the California Department of Public Health (CDPH) on its Internet website.

County median income: The Orange County median income figure as published by the U.S. Department of Housing and Urban Development (HUD) on an annual basis. (For the current County of Orange median income figure, you may contact HUD at 714-957-7333 or write, HUD Orange County Office, 3 Hutton Center Drive, Santa Ana, CA 92707.)

Coverage: See "Site coverage."

Cultural institution: Establishments such as a museums, art galleries, and botanical and zoological gardens of historic, educational or cultural interests which are not operated for profit.

Dairy, commercial: A business operation where dairy products are produced for profit.

Day care: See "Family day care," "Day care, large family" and "Day care, small family."

Day care, large family: A facility licensed by the State of California that provides care, protection, and supervision for 7—14 children, inclusive, including children under ten years of age who reside at the home, as set forth in Section 1597.465 of the Health and Safety Code. The number of children shall be in accordance with current Health and Safety Code requirements. Licensed child care homes are allowed in any zoning district that allows for residential development. See also "Day care, small family."

Day care, small family: A facility licensed by the State of California that provides care, protection, and supervision for eight or fewer children, including children under ten years of age who reside at the home, as set forth in Section 1597.44 of the Health and Safety Code. The number of children shall be in accordance with current Health and Safety Code requirements. Licensed child care homes are allowed in any zoning district that allows for residential development. See also "Day care, large family."

Decorative display: Displays or suggests information which is identified by name or symbol. Contains a decorative theme. To be applied only on a temporary basis.

Density, gross: The number of dwelling units per gross acre of land.

Density, net: The number of dwelling units per net acre of land.

Department store: A large retail store arranged into departments for the sale of a variety of consumer goods.

Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Development (Floodplain Overlay District only): Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Development agreement: Any city, county, or city and county may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in Government Code § 65865. A development agreement specifies the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. Also, a development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, and requirements for subsequent discretionary actions will not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.

Development area: The total of all project areas within a planning area defined in the zoning ordinance and excluding preservation areas. This definition relates to Chapter 5-4 (Hillside Development).

Development intensity value: A measure of development intensity utilized within the City's Irvine Business Complex (IBC) database. Development intensity values for a.m., p.m., and average daily correspond to "vehicle trips" previously identified in the IBC database originally established following the adoption of the 1992 IBC rezoning and intensity allocations.

Development standard: Refers to the density, site size, site coverage, building height, landscaping and setbacks for all development in all land use categories (Division 3).

Directional sign: See "Sign, directional."

Display area: A geographical area of a site used to determine the amount of parking required for an agricultural sales permit. This area includes any indoor and/or outdoor displays, along with pedestrian walkways, which have items for sale and/or areas for entertainment (e.g., pony rides, animal petting zoo, or amusement zones). This does not include areas used to store agricultural equipment (e.g., tractors).

Domestic animal: An animal or pet commonly kept in a residential area which includes, but is not limited to, a dog, cat, bird, ferret, or hamster.

Domestic animal care facility: Any business that, for compensation, provides care for two or more domestic animals, primarily within an enclosed building. See "Domestic animal."

Drive, private: A private drive is used exclusively for access to residential units, garages or parking areas. Drives do not connect one development to another nor do they provide connection between streets. A private drive serves only one development, and the number of units it serves may be limited by City policy.

Drive-thru: A facility which, by its design, allows people to receive goods and/or services while remaining in their automobiles.

Driveway: A private designated unnamed passageway designed with a standard concrete apron at its entrance based on City Standard Plans, and providing access for vehicles between a street and a garage or carport, dwelling, parking area, or other driveway or street. A driveway shall not be considered a street.

Driving range: See "Golf course or driving range."

Dwelling unit: A permanent non-commercial structure or portion thereof, including manufactured structures, designed or used as a residence providing complete, independent living facilities for one family or household containing one or more rooms with living, sleeping, eating, kitchen and sanitation facilities. Sanitation facilities include a lavatory, toilet, bathtub and/or shower. Structures that meet this definition or "accessory dwelling unit" definition shall be considered either a "dwelling unit" or "accessory dwelling unit" regardless of how they are labeled on the plans (e.g., pool house, casita, recreation room, guesthouse, art studio).

Easement: A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over this land.

Eave line: That part of the roof which projects over or meets the wall.

Election sign: See "Sign, political."

Electronic message center: See "Sign, electronic message center."

Elevation: A scale drawing of the side, front, or rear of a given structure.

Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

1.

Collocation of new transmission equipment;

2.

Removal of transmission equipment; or

3.

Replacement of transmission equipment.

Eligible support structure. Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City under Chapter 2-37.5.

Emergency shelter: 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.

Encroachment (Floodplain Overlay District only): The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Engineering supplies: A retail and service business engaged primarily in the sale of goods for engineering firms.

Entertainment: An activity intended to provide pleasure for an audience. For purposes of this zoning ordinance, entertainment shall include music for listening or dancing, such as that provided by a disc jockey, a band, or a singer. Such activities are permitted as accessory uses in bars, taverns, cocktail lounges and in restaurants. The definition of entertainment shall not include any activity that would be covered by the City's sexually oriented business procedures.

Entrance: See "Access."

Equestrian center: See "Stable, private" and "Stable, public."

Equipment rental: The use of a building or land for the purpose of providing tools, implements, or other articles to individuals or businesses on a temporary basis for a specified fee. This use shall not include the rental of wheeled self-propelled vehicles commonly used to transport people or goods on public roads. (See "Vehicle rentals.")

Escort: Any person who, for monetary compensation:

A.

Escorts, accompanies or consorts with other persons to, from, or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the City; or

B.

Escorts, accompanies, or consorts with other persons in or about any place of public or private resort or within any private quarters located or situated within the City; or

C.

Escorts, accompanies, or consorts with other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the City.

Escort bureau/introductory service: A service offered or performed by any person for monetary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.

Existing manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before February 28, 1978.

Existing structure: For the purposes of determining flood insurance rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before the date. "Existing construction" may also be referred to as "existing structures."

Existing support structure: A structure that exists prior to the City's receipt of an application for a facility, that will not have to be replaced or substantially modified to support the installation of a small utility facility.

Existing tower or base station. A constructed tower or base station that has either (1) been reviewed and approved under the applicable zoning or siting process; or (2) not been reviewed and approved under the applicable zoning or siting process because it was not in a zoned area when it was built, but was lawfully constructed.

Expansion: As applied to development, increasing the scope or size of an existing or proposed use, structure, parking, signage, etc.

Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Exposed neon: Neon or gaseous light tubing that is uncovered, or covered by a transportation cover, allowing the tubing to be visible.

Expressway: A divided high-flow arterial highway with three or more lanes in each direction and grade-separated intersections and/or access ramps (Jamboree Road).

Facility identification sign: See "Sign, facility identification."

Family day care: A home which regularly provides nonmedical care, protection and supervision of 12 or fewer children, including children under the age of 10 years who reside at the home, as defined by the State Department of Social Services, in the provider's own home for periods of less than 24 hours per day. "Family day care" includes large family day care homes and small family day care homes.

FAR: See "Floor area ratio."

Fast food restaurant: See "Restaurant, fast food."

Federal Communications Commission (FCC): The independent federal regulatory agency charged with regulating interstate and international communications by radio, television, wire, satellite, and cable.

Fence: A barrier of any material or combination of materials constructed to enclose or screen areas of land (also includes "Wall").

FHBM: Flood hazard boundary map.

Financial institution: A business or institution engaged in monetary transactions such as banks, lending, and savings and loan institutions.

FIRM: Flood insurance rate map.

Flexible workspace: A type of office that allows employees and employers to choose different places and ways to work, depending on their needs and preferences. This includes, but is not limited to, day offices, private office space for rent, stand-alone serviced meeting and conference rooms, and flexible co-working space. In many cases, flexible office space or workspace does not require a long-term lease and can be rented by the hour, day, week, or month. This land use is categorized as office, administrative, business, professional.

Flood or flooding:

A.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters.

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

3.

Mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.

B.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water caused by a severe storm or by an unanticipated force of nature, such as a flash flood or a normal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Flood, flooding or floodwater: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); see "Mudslides."

Flood boundary and floodway map: The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the area of flood hazard and the floodway.

Flood elevation determination: The determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood elevation study: An examination, evaluation and determination of flood hazards and of appropriate corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood hazard boundary map (FHBM): The official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards.

Flood insurance: The insurance coverage provided under the National Flood Insurance Program.

Flood insurance rate map (FIRM): An official map of the City on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A copy of the latest flood insurance rate map is on file in the Office of the City Clerk.

Flood insurance study: The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.

Flood protection system: Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the hazard and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards. All improvements require approval of the Orange County Flood Control District, with the exception of interim improvements intended to provide protection on a temporary basis until ultimate structures are completed.

Floodplain or floodprone area: Any land area susceptible to being inundated by water from any source (see "Flooding").

Floodplain Administrator: The individual appointed to administer and enforce the floodplain management regulations.

Floodplain management: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations: This ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in floodprone areas. This term describes federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

Floodproofing: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as regulatory floodway.

Floodway encroachment lines: The lines marking the limits of floodways on federal, State and local floodplain maps.

Floodway fringe: That area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Floor area, gross: See "Square footage, gross."

Floor area ratio: The ratio of total square footage of commercial, industrial, and institutional development to total square footage of the parcel on which the development is located.

Foreign language text: Text in any language other than English.

Fortunetelling: The telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power or faculty or force, clairvoyance, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, science, cards, talisman, charms, potions, magnetism, magnetized articles, or substances, mysteries or magic of any kind or nature, or numerology, or carrying on any art, profession or business, the advertisement and practice of which is regulated by Title 2, Division 10, Chapter 5 of the Irvine Municipal Code.

FP-1: The floodplain district which comprises the regulatory floodway and may be bounded by floodway encroachment lines as designated on the City's FIRM.

FP-2: The floodplain district which comprises all areas of special flood hazards exclusive of areas designated FP-1. FP-2 may include Zones A, AO, A1-30, and AH as designated on the City's FHBM or FIRM.

Fraternal and service club: A building or portion thereof which is used principally as a gathering place for members of a social organization. Such a facility may include living quarters for some members, and is not open to the general public.

Fraud and victimization (related to Section 5-2-27.E.3 (Variances), floodplain overlay ordinance only): The variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Planning Commission will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect or urbanization of the watershed.

Freeway: An arterial and operational designation for a divided State highway with access restricted to grade-separated interchanges. Freeways provide for movement of high volumes of inter-City traffic (see General Plan, circulation element).

Freeway directional sign: See "Sign, freeway directional."

Front: The property line fronting the street; except if there is more than one street frontage, then the front shall be the narrowest frontage.

Frontage, building: The lineal extent of a building which fronts on either a street or parking area.

Fuel dispensing: See "Gas station/fuel dispenser."

Funeral home/mortuary: A facility used for the embalming and/or commemoration of human or animal remains.

Future facility sign: See "Sign, future facility."

Garage: An enclosed, attached or detached structure which is accessory to a residential building and which is used for the parking of vehicles owned and operated by the residents of the building and which is not a separate commercial enterprise available to the general public (see also "Parking structure"). Garages on a single-family detached lot may have incidental uses above the garage area. Incidental uses include, but are not limited to, the bedroom, bathrooms, offices or exercise room for use the occupants of the single-family detached dwelling unit or an accessory dwelling unit.

Garage sale sign: See "Sign, garage sale."

Gas station/fuel dispenser: The use of any building or land for a business whose primary use is to supply gasoline and minor services to automobiles and other motor vehicles.

Gaseous light tubing: See "Exposed neon."

Gates, controlled access: Any mechanism or gate that inhibits direct vehicular access to on-site parking facilities or parking structures on a nonresidential site during business hours. Said gates shall conform with the provisions required in Division 4 of this zoning ordinance.

Gates, privacy: Gates which control vehicular access to a residential site.

Gates, security: Any mechanism (i.e., fence, etc.) used solely for the protection of property, materials, or a specific area of a nonresidential site which is not intended to inhibit public access to and from said site during normal business hours of said site. Security gates are intended to prohibit entry after normal business hours. Said gates shall conform with zoning provisions. See Division 4 of this zoning ordinance for applicable provisions.

Gazebo: See "Patio/gazebo, open lattice" and "Patio/gazebo, solid covered."

General fund: State of California General Fund.

General land use category: A designation for one of the categories in the Irvine Business Complex land use and development intensity value database with a specific development intensity value rate and utilized to calculate building intensity. These categories are not zoning districts as described elsewhere in this zoning ordinance. The database is based upon eight general land use categories: Office, Industrial, Residential, Retail, Zoning Potential, Lodging. Two other categories describe special situations: undefined uses and uses assumed to have no traffic generation. See Section 9-36-8 for additional information regarding development intensity value rates for each general land use code. (Note: this term is not to be confused with "General Land Use Category" as described in the City of Irvine General Plan.)

General Plan and Irvine General Plan: The General Plan of the City of Irvine.

Golf course or driving range: A tract of land used for playing golf, usually improved with tees, greens, fairways, hazards and accessory uses such as but not limited to driving range, clubhouse, food service, maintenance buildings, pro shop, meeting rooms and tee box shelters.

Government facility: Buildings or land used by any agency of the government.

Governor's Appeal Board: A board formed to review the appeal of a land use decision made by the City where (i) the City disapproves an application for a specified hazardous waste facility and the project proponent, defined herein, files an appeal of the disapproval, (ii) the City approves an application for a specified hazardous waste facility and the project proponent files an appeal of one or more of the conditions of approval placed on the facility, or (iii) the City approves an application for a specified hazardous waste facility and an interested person, defined herein, files an appeal based solely on the ground that the conditions imposed do not adequately protect the public health, safety or welfare. The Governor's Appeal Board's membership, purpose and procedures are defined by Health and Safety Code §§ 25199.9—25199.14.

Grade, ground level: The average level of the finished ground surface surrounding a structure.

Grading, contour: The movement of earth in such a manner that final earth form has a natural appearance. This is accomplished by rounding and smoothing sharp, angular forms and avoiding flat, two-dimensional surfaces. This definition relates to Chapter 5-4 (Hillside Development).

Grading, limited: The movement of earth over a portion of a given project area in order to attach development within the overall setting. This definition relates to Chapter 5-4 (Hillside Development).

Greenhouse: A building, intended for the commercial or agricultural propagation of delicate or out-of-season plants, whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated. A greenhouse may be an accessory use to agriculture or to a wholesale nursery. See "Agricultural use."

Gross acreage: See "Acreage, gross."

Gross density: See "Density, gross."

Gross floor area: See "Square footage, gross."

Gross leasable square footage: See "Square footage, gross leasable."

Gross site area: See "Site area, gross."

Gross square footage: See "Square footage, gross."

Ground sign: See "Sign, ground."

Guard houses, gates, and other security facilities: A building facility or a movable barrier from where access to and from any area is controlled. Manned guard houses are required to be included in site square footage totals for nonresidential uses.

Habitable floor: Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

Hardscape: Paved, nonpermeable areas, regardless of material (including plazas, piazzas, paseos and walkways). Hardscape shall not be included in the calculations for minimum site landscape requirement.

Hardship (related to Section 5-2-27.E.2 (Variances), Floodplain Overlay District only): The exceptional hardship that would result from a failure to grant the requested variance. The Planning Commission requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Hazardous waste: A waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical, or infectious characteristics may (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Hazardous waste facility: See "Off-site hazardous waste facility."

Health and safety assessment: A technical and environmental evaluation of a proposed facility, site, and surrounding area prior to approval of a conditional use permit. The assessment will include a hydraulic evaluation as well as an analysis of risks due to flooding, earthquakes, and potential water or air pollution. It is not intended that the health and safety assessment duplicate information developed for environmental reports or risk assessments required under local, State or federal regulations.

Health club: A commercial facility providing instruction and equipment designed to promote or improve the health of the clients.

Height: See "Building height" and "Height (of a sign)."

Height (of a sign): The greatest vertical distance measured from grade to the top of the sign, including any protruding architectural feature.

Heliport: An area, either at ground level or located on a structure, licensed or approved for the arrival, loading and departure of helicopters.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure (Floodplain Overlay District only): Any structure that is:

A.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

HOA: Homeowners' association.

Home care: The care of six or fewer elderly persons or disabled persons or children or persons identified in the specific land uses identified in the State of California Health and Safety Code § 1566.3, such as, but not limited to, small supportive housing, congregate care facility, and convalescent home.

Home finding center: A building (not a model home complex) which is used to provide information about new residential developments to the general public.

Home for the aged: See "Convalescent home," "Senior housing," "Residential care facility" or "Congregate care facility."

Home occupation: Any activity intended to be profitable, which is conducted as an accessory use in a dwelling unit by the residents of that unit.

Homeowners' association: An association of property owners organized to own, maintain and operate common facilities and to enhance and protect their common interest (also includes "Owners' association," "Community association").

Hospital: An institution providing primary health services and medical or surgical care to people, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel, extended stay: An extended stay hotel facility that offers transient lodging accommodations to the general public, targeted to the business or leisure traveler who is planning to stay for an extended time. To constitute an extended stay hotel, each hotel room must contain kitchen facilities to include a range cooktop, microwave or conventional oven, refrigerator, and sink. The extended stay hotel facility shall not include any amenity intended to draw traffic to the site by individuals not staying at the hotel, such as an on-site restaurant, conference/convention facilities, or health club. Land uses that meet this description proposed outside of the IBC shall be categorized as a hotel, motel as described in the general provisions and definitions section of the Zoning Code.

Hotel, motel: A facility offering transient lodging accommodations to the general public, either on a daily basis or for extended periods of time for a maximum of 30 consecutive calendar days or less. Services such as restaurants, meeting rooms and recreation facilities may be provided as accessory uses if their aggregate total area does not exceed 10 percent of the site's gross square footage. (See also "Bar," "Conference/convention facility," "Convenience or liquor store," "Golf course/driving range," "Health club," "Massage establishment," "Pushcart," "Restaurant," "Retail and/or service businesses, general," and "Vehicle leasing and rentals.")

IBC development intensity: Development intensity and affiliated development intensity values associated with either a 0.25 FAR Office Equivalency or a discretionary approval which may grant intensity and development intensity values above and beyond a 0.25 FAR Office Equivalency. IBC development intensity is tracked through the Irvine Business Complex land use and development intensity value database. See Section 9-36-8.

IBC Entitlement: Development intensity and affiliated trips associated with either a 0.25 FAR Office Equivalency or a discretionary approval which may grant intensity and trips above and beyond a 0.25 FAR Office Equivalency. IBC Entitlement is tracked through the Irvine Business Complex land use and trip generation database. See Section 9-36-8.

IBC Industrial: A general land use category used in the Irvine Business Complex database where the manufacturing, assembly, storage or wholesale distribution of a product occurs. (See Section 3-3-1 for specific land uses permitted or conditionally permitted in each zoning district.)

IBC Lodging: A general land use category used in the Irvine Business Complex database which includes specific uses such as transient lodging to the general public and additional services such as restaurants, hotels, motels, meeting rooms, and recreation facilities. (See Section 3-3-1 for specific land uses permitted or conditionally permitted in each zoning district.)

IBC Office: A general land use category used in the Irvine Business Complex database comprising all office uses where the managerial, administrative and clerical functions of a business or industry are conducted, or where members of a profession such as attorneys or accountants conduct business. (See Section 3-3-1 for specific land uses permitted or conditionally permitted in each zoning district.)

IBC Residential: A general land use category used in the Irvine Business Complex database which comprises all dwelling units and supporting facilities such as neighborhood community facilities and parks. (See Section 3-3-1 for specific land uses permitted or conditionally permitted in each zoning district.)

IBC Retail: A general land use category used in the Irvine Business Complex database which is devoted to retail uses such as the sales of goods and services. (See Section 3-3-1 for specific land uses permitted or conditionally permitted in each zoning district.)

IBC Zoning Potential: A general land use category used in the Irvine Business Complex database which represents the difference between the calculated 0.25 FAR standard intensity allocation for a given vacant or under-utilized parcel and the built and/or approved gross square footage for that parcel. Development intensity value rates for Zoning Potential correspond to those associated with IBC Office development intensity value rates.

Ice cream vendor: See Municipal Code for definition.

Identification sign: See "Sign, identification."

Illuminated sign: See "Sign, illuminated."

Immobile populations: Schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities.

Inclusionary requirement: A requirement that a certain portion of residential units be affordable to a determined economic segment of the community.

Income level(s): For purposes of determining compliance with the City's Housing Element, income levels are defined pursuant to the Orange County HUD median income:

A.

Income I is defined as households earning zero percent to 30 percent of the median income;

B.

Income II is defined as households earning 30 percent to 50 percent of the median income;

C.

Income III is defined as households earning 50 percent to 80 percent of the median income;

D.

Income IV is defined as households earning 80 percent to 120 percent of the median income.

Industrial: The manufacture, assembly, storage or wholesale distribution of a product.

Industries, service: A business whose primary purpose is to provide a service, as opposed to a product, to offices and industries, not to individuals. Examples include tooling, machining, printing, testing, and repairing of equipment. Service industries do not include retail and service businesses as defined in this division.

Infant: A child between zero and 17 months.

Information center: A building which is used to provide information about new developments, transit or tourist attractions to the general public.

Information sign: See "Sign, information."

Infrastructure: Permanent physical improvements required to serve the population of the City, including, but not limited to, circulation, utilities, and public facilities.

Institutional use: A nonprofit or quasipublic use such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purpose or not-for-profit housing (see General Plan). For the definition of institutional uses within Planning Area 4 (Lower Peters Canyon), see Section 9-4-7.A.5.

Interested person: A person who participated in one or more public meetings or hearings held to consider an application for a land use decision and/or a specified hazardous waste facility project. "Participation" as defined in State Health by Health and Safety Code § 25199.1(c) includes, but is not limited to, the giving of oral or written testimony at a meeting or hearing, submission of questions at a meeting or hearing, or attendance at the meeting or hearing.

Interim use: The use of land for agricultural purposes in areas zoned for urban development prior to the development of this land.

Interim use permit: The temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

Intersectional directional sign: See "Sign, intersection directional."

Introductory service: A service offered or performed by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes. See also "Escort bureau/introductory service."

Inventory storage area: The outside storage of agricultural and/or accessory products for sale. This area shall be used for storage only and not display sales of any kind.

Irvine Spectrum Transportation Management Association (Spectrumotion): An association encompassing development in the Spectrum, the purpose of which is to promote traffic management activities.

Itinerant restaurant: See Section 2-10-1001 of the Municipal Code for definition.

Kennel: Any property, building, or structure where four or more dogs or four or more cats, over the age of four months, are kept either for commercial purposes or solely for the personal enjoyment of the owner.

Kiosk: A freestanding shelter with one or more open sides and no larger than 15 feet by 15 feet by 12 feet high. Kiosks are intended only to provide weather protection for pushcart uses. Kiosks shall only be permitted when a vendor operates a pushcart from within the kiosk.

Kiosk-type recycling unit: A self-operating or attended small collection facility that accepts several containers at once and usually pays by weight instead of by unit of recyclable material.

Kitchen: A room, space, or area used or designated to be used for the preparation or cooking of food that includes Item A. and/or B. in non-residential uses, or one or more of Items A. through I. in residential uses:

A.

Natural gas outlet.

B.

220 AC electrical receptacle.

C.

Any sink exceeding one square foot.

D.

Hot water line to any sink.

E.

Refrigerator exceeding 10 cubic feet (or a placed designed for one).

F.

Garbage disposal.

G.

Dishwasher (or space designed for one).

H.

Any device designed for cooking or heating food.

I.

Total counter space exceeding 10 square feet.

Land use category: A designation established by this zoning ordinance, including land use and development standards which regulate development on a parcel of land.

Land use decision, hazardous waste: A discretionary decision of the City concerning a specified hazardous waste facility, including the issuance of land use permit, a conditional use permit, the granting of a variance, the subdivision of property and the modification of existing property lines pursuant to Government Code tit. 7 (commencing with Government Code § 65000).

Landscape: Primarily plant materials that provide both aesthetic and environmental benefits for a project site and the community. Materials meeting minimum landscape requirements include: grass, ground cover, shrubs, trees, mulch, gravel, decomposed granite, fountains and water features.

Large collection facility: An area and/or structure larger than 300 square feet which accepts delivery of source-separated recyclable materials, including, but not limited to, glass, paper and plastics. Materials may be accepted for compensation or as donations, and are intended for transfer to a larger facility for processing. A large collection facility may not contain equipment for processing the materials collected. (See also "Small collection facility," "Reverse vending machine," "Mobile recycling unit," and "Materials recovery facility.")

Lattice tower: A freestanding structure used for siting a facility typically constructed with a framework of open metal crossbeams or crossbars.

Lease line: Lineal measurement of that portion of a building facade which encloses the area leased by a single business.

Levee: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

Linear foot: Pertaining to the horizontal length of a building face.

Liquor store: See "Convenience or liquor store."

Live art class: Any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least three classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least 24 hours in advance of participation in the class.

Loading space: An off-street space or berth used for the loading or unloading of commercial vehicles.

Local Assessment Committee (LAC): A State-required committee of locally appointed representatives, designed to negotiate with the proponents of a proposed hazardous waste facility. The membership, duties, and mission of the Committee are defined by Health and Safety Code § 25199.7(d), as reiterated in this ordinance.

Logo: A symbol, design, or graphic representation, which may include text that identifies a business, activity, or company.

Long-term parking space: A parking space of reduced dimensions utilized for employee parking. The reduced dimensions are warranted due to the low automobile turnover that can be expected as a result of employee usage.

Lot: A designated parcel of land established by a subdivision map or as otherwise permitted by law, to be used or developed (includes "Parcel"). See also "Contiguous lots or parcels."

Lot, corner: A lot bounded by two or more intersecting streets that has an angle of intersection of not more than 135 degrees. The intersecting streets shall not be the same street. In determining the angle of intersection for a rounded corner, straight lines shall be drawn as extensions of both street lot lines. The calculation of the angle of intersection shall be made from the side facing toward the lot at the point where these two intersections meet.

Lot, flag: A lot which utilizes a narrow strip as its means of providing vehicular access to the lot.

Lot, through: A lot having frontage on two parallel streets or a lot that is not a corner lot that has frontage on two streets, each of which may provide access to the lot.

Lounge: See "Bar."

Lowest floor: The lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

A.

An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "Basement") is not considered a building's lowest floor, provided it conforms to applicable nonelevation design requirements, including, but not limited to:

1.

The wet floodproofing standard in Section 5-2-24.C.

2.

The anchoring standards in Section 5-2-24.A.

3.

The construction materials and methods standards in Section 5-2-24.B.

4.

The standards for utilities in Section 5-2-17.

B.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this ordinance.

Maintenance facilities and structures: Buildings, garages and yards used primarily for the purpose of storage and staging of machines used for ongoing maintenance.

Major highway: A divided arterial highway of six, eight, or 10 through lanes. Majors provide for (1) the movement of inter-village through traffic; and/or (2) the distribution of traffic to and from freeways or transportation corridors (see General Plan, circulation element).

Major public works project or major energy facility: The phrase "major public works project or a major energy facility" as used in this zoning ordinance shall mean a:

A.

Proposed public works project as defined by Public Resources Code § 30114, and located in areas listed below:

1.

Developments between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high-tide line of the sea where there is no beach, whichever is the greater distance; and

2.

Developments not included above located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any coastal bluff, with the exception of:

a.

Repair or maintenance activities that do not result in additions, enlargements or expansions of the object of such repair or maintenance; provided, however, that the repair does not involve a risk of substantial adverse environmental impact, as determined by the Coastal Commission;

b.

Public works on permitted categorically excluded developments;

c.

The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this zoning ordinance;

d.

Immediate action taken by a person or public agency performing a public service to protect life and public property from imminent danger, or to restore, repair or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disasters, serious accidents, or other cases of emergency; this permit is waived upon notification of the Executive Director of the Coastal Commission of the type and location of work within three days of the disaster or accident; the maximum value of the work allowed is $100,000; and

e.

Other emergencies can be provided for by approval of the Executive Director of the Coastal Commission upon adequate review of the issue; if two or more Coastal Commissioners appeal the issue, the project is required to have a public hearing; or

B.

Proposed energy facility, defined as any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other sources of energy, and exceeding $100,000 in estimated cost of construction.

Major ridgelines: Ridgelines illustrated on Figure 5-4A.

Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufactured structure: Any structure, the major components of which are assembled away from the site on which it will be ultimately located, excluding storage sheds associated with a single-family or multifamily dwelling unit and construction trailers (includes "Modular building," "Commercial coach" and "Mobile home").

Manufactured structure (Floodplain Overlay District only): A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured structure" does not include a recreational vehicle.

Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including such processes as creation of component parts and substances, assembly, blending of oils, plastics, resins, or liquors, and packaging. Products manufactured at a site may be demonstrated, sold, or tested at this site as an accessory activity.

Manufacturing, heavy: Any manufacturing use operated in such a way that it produces noise, dust or other pollutants or products capable of harming or annoying adjacent uses.

Manufacturing, light: Any manufacturing use operated in such a way that it does not cause a harmful or annoying impact on adjacent uses.

Market: A retail establishment of less than 15,000 square feet, whose merchandise consists primarily of a variety of groceries, meats, dairy products, produce, liquor and other food products. Food service may occur as an accessory use, not occupying more than 10 percent of the entire square footage of the establishment.

Massage: Any method of treating the external parts of the body for remedial, health, hygienic or any other reason or purpose by means of applying pressure on or friction against, or stroking, manipulation, kneading, rubbing, tapping, pounding, stimulating or other manner of touching, the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. A massage shall include, but is not limited to, herbal body wraps, acupressure and reflexology.

Massage establishment: Any establishment having a fixed place of business where any person, firm, association, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of providing massages, or any other similar type of system for treatment or manipulation of the human body regardless of what portion of the business is engaged in the provision of massage.

Master Plan of arterial highways: A diagram in the General Plan (circulation element) which illustrates the arterial designation of roadways. Each arterial designation defines the number of ultimate lanes planned for a given roadway. Arterial designations include: freeway, transportation corridor, major highway, primary highway, secondary highway, and commuter highway.

Master Plan of bicycle trails: Refers to the General Plan, circulation element, which illustrates proposed routes for all on-street and off-street bicycle trails throughout the City. Specific criteria for development of these trails are contained within the bicycle facilities guidelines.

Master Plan of drainage: Refers to an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City, and duly adopted by the City Council of the City of Irvine.

Master Plan of riding and hiking trails: Refers to the General Plan, circulation element, which illustrates the proposed routes for riding and hiking trails throughout the City. Specific criteria for development of these trails are contained within the riding and hiking trail guidelines.

Materials recovery facility: A processing facility that accepts recyclable materials from collection facilities, other material recovery facilities or the public, processes the materials into a resalable condition, and markets the materials to companies to reuse. A materials recovery facility may not incorporate a solid waste transfer station as an accessory use (see also "concrete recycling facility").

Mean sea level: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Mechanical equipment: Any heating, ventilating, cooling, refrigeration systems or other miscellaneous appliances which are placed outside a building. For purposes of this division, "mechanical equipment" shall also include pool and spa equipment.

Medical office: See "Office, medical."

Microcell facility, cellular: Miniature low-power radio-wave transmitters and receivers used for cellular equipment. This technological equipment is typically attached to buildings, to streetlight poles, or to similar structures. In addition, an accessory equipment cabinet may be required as part of this facility. The intent of this cellular equipment type is to be invisible. Land use definition is a "utility building and facility."

Mining and processing: The extraction of materials, including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other processing customarily done at the mine site or as part of a mining activity.

Miniwarehouse: A structure containing separate storage spaces of varying sizes which are leased or rented on an individual basis.

Minor preservation areas: Relatively small geographic areas identified by number (for example P-10) in the General Plan land use element and conservation and open space element and designated for permanent open space use.

Mixed-use development: The development of a tract of land, building, or structure with a variety of complementary uses, such as, but not limited to, residential, office, retail, public, or entertainment, in an integrated development project with significant functional interrelationships and a coherent physical design. For purposes of this definition, mixed-use developments shall be located only on property that has been zoned 5.0 IBC Mixed Use.

Mixed use parking calculation: A calculation used to develop a parking rate for sites with various uses which are functionally and physically integrate through the use of a central theme and project components such as pedestrian connections.

Mobile home: A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes, but is not limited to, the definition of "mobile home," as set forth in regulations governing the Mobile Home Safety and Construction Standards Program, 924 CFR 3282.7(a).

Mobile recycling unit: An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A "mobile recycling unit" also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials. A mobile recycling unit is considered either a small or large collection facility.

Model home directional sign: See "Sign, model home directional."

Model home sales complex: Residential units and a sales office in a development which are being used to illustrate the design of the units to potential homebuyers during initial sale of units.

Modular building: See "Manufactured structure."

Monopole: Freestanding structure composed of a single spire used primarily or solely to support a wireless communication facility.

Monopole facility, cellular: Freestanding radio-wave transmitters and receivers used for cellular equipment. This technological equipment typically has several antennas and other appendages located at the top of a pole. In addition, an accessory equipment cabinet is part of this facility. Land use definition is a "utility building and facility."

Monument sign: See "Sign, ground."

Mortuary: See "Funeral home/mortuary."

Motel: See "Hotel, motel."

Movie theater: See "Cinema."

Mudslide (i.e., mudflow): A condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

Mudslide (i.e., mudflow) prone area: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

Multi-tenant: Any building occupied by more than one firm.

Multi-use parking calculation: A method applied to a site, regardless of zoning designation, which contains various uses which have been developed without physical and functional integration. Parking shall be provided for each of the separate uses on the site according to the parking matrix. (See also "Mixed use parking calculation.")

Multi-use zone: The development of one or more different land uses within one building or parcel which may vary in intensity. Permitted land uses include high density residential, medium-high density residential, commercial, institutional, and conservation/open space land uses.

Mural: A large painting or abstract use of color, painted on or affixed to a fence, wall, or building.

Muted: A softened color that can be achieved by adding black.

Neighborhood commercial: See "Commercial, neighborhood."

Neighborhood development identification sign: See "Sign, neighborhood development identification."

Neon: See "Exposed neon."

Net acreage: See "Acreage, net."

Net density: See "Density, net."

Net site area: See "Site area, net."

New construction (alternations, expansions, or additions): The demolition of either: 1) 50 percent or more of the total gross square footage of the existing structure which includes the exterior walls and excludes the foundation, footings, slab on grade, roof, and floor (the foundation, footings, and slab on grade shall not count towards the total gross square footage calculation); or 2) an increase of more than 50 percent of the existing gross square footage of the structure.

New construction (Floodplain Overlay District only): For floodplain management purposes, structures for which the start of construction commenced on or after February 28, 1978, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision (revises "New mobile home park or mobile home subdivision," Floodplain Overlay District only): A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after February 28, 1978.

New mobile home park or mobile home subdivision (Floodplain Overlay District only): A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of floodplain management regulations adopted by the City.

New support structure: A structure that is constructed solely to support the other parts of a small utility facility.

Non-classroom-related activity: Any activity which takes place on school grounds on a continuing basis which does not specifically relate to the school curriculum. For purposes of this zoning ordinance, these activities include, but are not limited to, car sales and utility installations not servicing the school buildings. These activities do not include athletic events or theatrical productions related to the curriculum (see also "Special event").

Non-commercial message: A message or image that is not commercial speech or a commercial message.

Non-commercial sign: A sign that contains a non-commercial message.

Nonconforming sign: See "Sign, nonconforming."

Nonconforming structure: A building or structure which was constructed in conformance with laws or ordinances in effect at the time, but which is in conflict with the current provisions of this zoning ordinance.

Nonconforming use: The lawfully established use of a building, structure or land that does not conform to the use regulations of this zoning ordinance for the district in which it is located, either at the effective date of this zoning ordinance or as a result of subsequent amendments to this zoning ordinance.

Nonprofit organization: Any organization that holds a valid nonprofit organization status document from the State of California or federal government.

Nonresidential uses: Any commercial, office, industrial and/or institutional use, and any trails, parks or recreational facilities. This definition is used only in conjunction with building setback interior boundary standards and does not apply to any other setback standard (see "Residential uses").

Nursery, retail: A retail and service business which specializes in plants, shrubs and trees and various items for garden maintenance.

Nursery school: See "Child care center."

Nursery, wholesale: See "Agricultural use."

Nursing home: See "Convalescent home."

Obstruction: Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Office, administrative, business, professional: Locations where the managerial, creative, administrative and clerical functions of a business or industry are conducted, or where members of a profession provide counseling or mental therapy generally with one client at a time, generally for a minimum of one hour in duration, including, but not limited to, attorneys, accountants, counselors, psychologists, psychiatrists, and speech therapists. This definition does not include design professionals (see "Office, design professional") or massage establishments (see "Massage establishment" or "Alternative health care provider").

Office, design professional: Offices where such professionals as, but not limited to, engineers, architects, land planners, and interior designers may utilize office space with desks, computers and printers, but will also utilize larger physical areas for lay-out tables, computer aided drafting machines, graphics and drafting tables, etc. Creation of oversized presentation materials, sample boards, blueprints, graphics and building models are all typical practices by these professionals. This classification is considered a subcategory of professional, administrative and business offices, and is considered a separate use only in Planning Areas 10, 12, 13, 34 and 35.

Office equivalency: Development intensity within PA 36 (IBC) which is based upon vehicle development intensity value rates commensurate with office development.

Office, headquarters: An office which serves as the regional, national or international office of the business. The office must serve as the focal point for the business's operation for a sizeable geographic area.

Office, medical: A building, site or tenant space designated specifically for use by health care professionals for human outpatient services including, but not limited to, medical doctors, dentists, and medical clinics. Diagnosis (such as X-ray and laboratory) or surgical facilities may be provided on site, but overnight care may not be provided.

Office of permit assistance (OPA): The State of California Office of Permit Assistance.

Office of Planning and Research (OPR): The State of California Office of Planning and Research.

Off-site hazardous waste facility: Any structures, other appurtenances, and improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including, but not limited to:

A.

Incineration facility (i.e., rotary kiln, fluid bed, etc.);

B.

Residual repository (receives only residuals from hazardous waste treatment facilities);

C.

Stabilization/solidification facilities;

D.

Chemical oxidation facilities;

E.

Neutralization/precipitation facilities; or

F.

Transfer/storage facilities.

One-hundred-year flood/100-year flood: See "Base flood."

Opaque: A surface that prohibits light from shining through.

Open house directional sign: See "Sign, open house directional."

Open Space District: Land located in any of the following zoning districts: 1.1 Exclusive Agriculture, 1.2 Development Reserve, 1.3 Conservation/Open Space Reserve, 1.4 Preservation, 1.5 Recreation, 1.6 Water Bodies, 1.7 Landfill Overlay, 1.8 Golf Course Overlay, and 1.9 Great Park.

Operational characteristics map: A diagram in the General Plan which illustrates the operational designation of roadways. Each operational designation defines the operating characteristics of a roadway such as restricted access, parking prohibitions, and the types of traffic utilizing the street. Operational designations include freeway, transportation corridor, thruway, parkway, community collector, local commercial, and local.

OPR: See "Office of Planning and Research."

Orange County median income: See "County median income."

Outdoor sales: The use of any land to offer retail goods or produce to the general public from an undeveloped site (i.e., a site lacking permanent access and parking improvements). See also "Outdoor vendor" and "Seasonal use."

Outdoor storage: Any land which is used principally for the keeping of goods and materials, other than vehicles or agricultural products, outside of a building (see also "Vehicle storage").

Outdoor vendor: The sale of products from a temporary stationary location in a developed site (i.e., a site with access and parking improvements in place), not from a cart and not from within a permanent fixed building. See also "Pushcart," "Outdoor sales" and Chapter 2-27 for seasonal use requirements.

Overhang: The part of a roof or wall which extends beyond the facade of a lower wall.

Owner: Any person, corporation, organization or agency having a legal or equitable interest in the property, and includes its or their successors or assigns or the agent of any of the aforesaid.

Owners' association: See "Homeowners' association."

Packing plant for agricultural products: A building used for the processing, packaging and/or shipping of plant products brought directly from the field where they are produced.

Parcel: An area of land designated on a subdivision map. (See also "Contiguous lots or parcels.")

Park: A tract of land designated and used by the public for active or passive recreation.

Parking area: An area, other than a street or alley, designed or used primarily for the parking of vehicles. Parking areas are computed by adding together the acreage devoted to vehicular parking spaces plus any drives, aisles and maneuvering areas that provide access from the street to those vehicular parking spaces.

Parking calculation: See "Mixed use parking calculation" and "Multi-use parking calculation."

Parking schedule: The formulas given in Chapter 4-3 that state how many automobile, handicapped, motorcycle and bicycle parking spaces are required for a given use.

Parking structure: A structure used for the parking of vehicles where parking is accommodated on two or more levels. Parking structures shall be excluded from gross square footage calculations.

Parkway: The publicly owned area located between the curb and the right-of-way line of any public street.

Parkway (street designation): An operational designation for a moderate speed arterial highway abutting and distributing trips to a variety of land uses. This facility primarily serves short range trips and is a significant environmental element as it borders the activity corridor. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement. (See General Plan, circulation element.)

Patio, enclosed: A one-story nonhabitable structure, enclosed on all exposed sides, that is attached to a building on at least one side.

Patio/gazebo, solid covered: A one-story structure detached from the main building or attached to the building on at least one side. The structure must remain open on one side. The roof of the patio/gazebo must be of a solid construction so as to protect the area below the structure from the elements. Compare "Cabana," "Accessory structure, major," and "Accessory structure, minor."

Pawn shop: Any use where a person, other than banks, trust companies, or bond brokers, who may otherwise be regulated by law and authorized to deal in commercial papers, shares of stock, bonds and other certificates of value, who keeps a pawn office, or engages in, or carries on the business of receiving jewelry, precious stones, valuables, firearms, clothing or personal property, or any other article or articles in pledge for loans, or as security, or in pawn for the repayment of monies, and exacts an interest for such loans, or who purchases articles or personal property and agrees to resell such articles so purchased to the vendors thereof, or their assigns, at prices agreed upon at or before the time of such purchases, respectively. Pawn shop also includes any use engaging in the exchange of cash for gold and the like.

Permanent sign: See "Sign, permanent."

Permitted use: Any use allowed in a land use category and subject to the restrictions applicable to that zoning district.

Person trip: A one-way movement by an individual person to or from a subject property or study area.

Place of worship: A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated activities and uses.

Place of worship seating area: The gross floor area of the main assembly hall or auditorium which contains either fixed or nonfixed seating.

Planned unit development: A residential development pattern in which one or more dwellings are located on fee simple lots, deviating from conventional single-family detached and attached standards and setbacks and/or having exclusive usage rights over adjacent lots.

Planning area: A designation used in the City of Irvine General Plan and zoning ordinance for land areas for planning and statistical purposes. Each planning area is distinct from the others as exhibited through development intensity, land uses, open space or natural features, landscaping or architectural styles. (Previously referred to as "village.")

Political sign: See "Sign, political."

Premises: A lot or a building site, or a specific portion of a lot or building site, that contains the structures and the open spaces needed for the location, maintenance, and operation of the use of the property.

Preschool child: A toilet-trained two-year-old through a six-year-old.

Preservation area: A geographical area that contains visually significant ridgelines, biotic communities of high significance, geologic constraints or cultural resources. Preservation areas have been judged viable for permanent preservation in a state with little or no modification to protect and maintain the natural resources therein (see the land use element of the General Plan).

Presumptively reasonable time: For purposes of Chapter 2-6, the Federal Communication Commission "shot clock" time frame as specified by Gov. Code 65964.1.

Primary highway: A divided arterial highway of four through lanes. Primaries provide for: (1) the movement of inter-village traffic; (2) the movement of traffic to and from activity centers within villages; and/or (3) the distribution of traffic to and from freeways or transportation corridors. (See General Plan, circulation element.)

Prime agricultural land: Land which qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability (based on soil characteristics and climatic conditions).

Principal use: A primary or predominant activity which occurs at a site. Such a use must be listed in the land use matrix, or determined to be similar to a listed use. Otherwise a zone change shall be required. A site or parcel may have more than one principal use. See also "Building, principal."

Principally above ground: At least 51 percent of the actual cash value of the structure, less land value, is above ground.

Private court: A low-speed, low-volume, dead-end traveled way in residential neighborhoods to access residential garages and parking areas.

Produce stand: A temporary structure, of no more than 500 square feet, placed on land under cultivation for agricultural uses for the primary purpose of selling fruit and vegetables to the public. For purposes of this zoning ordinance, a produce stand is considered an agricultural use. See also "Agricultural use."

Program: The National Flood Insurance Program authorized by 42 USC 401—4128.

Project area: A geographic area to be defined in a concept plan, zone change or master tentative map with boundaries generally related to existing landforms, such as plateaus, bowls, draws, etc., and within one General Plan land use category.

Project cost: The total financial cost of a flood protection system (including design, land acquisition, construction, fees, overhead and profits), unless the Federal Insurance Administrator determines a given cost is not to be a part of such projected cost.

Project proponent, hazardous waste facility: Any person applying to the City for a conditional use permit or land use decision concerning a specified hazardous waste facility, as defined under the term "proponent" of Health and Safety Code § 25199.1(i).

Projecting sign: See "Sign, projecting."

Public facilities: See "Community facilities" and "Public park facility."

Public hearing: A meeting announced and advertised in advance and open to the public, where the public is given the opportunity to make comments on the items advertised. Refer to Chapter 2-23 for procedures.

Public meeting: A meeting held by an advisory body that requires public notice or publication. Public comment may, at the advisory body's discretion, be received for the record. Refer to Chapter 2-23 for procedures.

Public notice: The advertisement of a public hearing or meeting in a newspaper of general circulation in the area, by posting or otherwise, indicating the time, place, nature, and name of the approval or advisory body conducting the public hearing.

Public park facility: A structure or area, owned and operated by a public agency, in support of the primary active or passive recreational uses of a site. Examples include structures or areas used for recreational, social, cultural or educational activities; and other facilities which can be integrated within the primary use without disrupting its normal operation, such as libraries, museums, public meeting rooms, senior centers and day care centers. See also "Community facility."

Public safety and nuisance (related to Section 5-2-27.E.3 (Variances), Floodplain Overlay District only): The granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Public service sign: See "Sign, public service."

Pushcart: Any wagon, cart, or similar wheeled container, not a vehicle as defined in the Vehicle Code of the State of California, from which retail goods, food or beverages are offered for sale. (See Division 3 for regulations.)

Pushcart sign: See "Sign, pushcart."

Radio frequency radiation (RF): Electromagnetic radiation in the portion of the spectrum from 3 kHz (kilohertz) to 300 GHz (gigahertz).

Railroad line: A rail line providing for the transport of passengers and freight.

Real estate sign: See "Sign, real estate."

Reassurance sign: See "Sign, reassurance."

Receiving site (TDR): A site within the IBC to which development rights (gross square feet based upon a development intensity value budget) may be transferred in accordance with the provisions of Section 9-36-18 (TDR).

Recreational vehicle: A vehicle which is:

A.

Built on a single chassis;

B.

Four hundred square feet or less when measured at the largest horizontal projection;

C.

Designed to be self-propelled or permanently towable by a light duty truck; and

D.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational vehicle storage, private: Recreational vehicle storage which is owned and operated by a homeowners' association and used exclusively by members of that association.

Recreational vehicle storage, public: Recreational vehicle storage which is provided for use by the general public.

Regional commercial: See "Commercial, regional."

Regular program (for floodplain management purposes): The National Flood Insurance Program authorized by the federal statute under which risk premium rates are required for the first half of available coverage (also known as "first layer" coverage) for all new construction and substantial improvements started (i) on or after the effective date of the FIRM, for FIRMs effective after December 31, 1974, or (ii) after December 31, 1974, for FIRMs effective on or before that date. All buildings, the construction of which started before the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date, are eligible for first layer coverage at either subsidized rates or risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates are always required for the second layer coverage; and such coverage is offered only after the Administrator has completed a risk study for the community.

Regulatory floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The regulatory floodway comprises the City's FP-1 district.

Remedy a violation (Floodplain Overlay District only): To bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or federal financial exposure with regard to the structure or other development.

Repair garage: See "Vehicle repair."

Replacement support structure. A new structure that replaces existing vertical infrastructure in the right-of-way that is constructed solely to support the other parts of the small utility facility.

Research and development: Uses engaged in the research, analysis, development and/or testing of a product, not to include cannabis testing laboratories.

Resident serving non-residential use: Essential goods and services that provide access to daily residential necessities. Examples include, but are not limited to, the following: parks and playgrounds (including dog parks), passive open space, libraries, grocery stores/farmers markets, pharmacies, hardware stores, cleaners/laundry facility, coffee shops, cafes/restaurants, health care (including medical, dental, and vision services), other uses determined by the Director of Community Development to benefit the surrounding residential neighborhood.

Residential, accessory dwelling unit: An attached or detached residential dwelling unit on a lot zoned for residential use which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (i.e., kitchen), and sanitation facilities on the same lot as the single-family dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Building Code Section 1208.4, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. An accessory dwelling unit that is a manufactured home is exempt from any conditional use permit requirement for manufactured structures (over two years). A recreational vehicle does not qualify as an accessory dwelling unit. An accessory dwelling unit may take three forms:

(1)

An attached accessory dwelling unit is attached to the principal dwelling unit, having at least one common wall or a common roof with the principal dwelling unit; or

(2)

A detached accessory dwelling unit is detached from the principal dwelling unit; or

(3)

A repurposed existing space within the principal dwelling unit that is converted into an independent living unit.

Residential, attached: A residential apartment, condominium or planned development other than a single-family detached residential development. In addition, a development with each lot of record containing more than one single-family detached for-sale dwelling unit shall be subject to "residential, attached" development standards.

Residential care facility: Any family home, group care facility or similar facility providing 24-hour non-medical services, supervision or assistance essential for sustaining the activities of daily living. Residential care facility includes shelters, board and care facilities, halfway houses, wards of the juvenile court and the like and excludes "Sober living facilities." Residential care facilities consisting of seven or more persons are conditionally permitted in all residential districts, except the Estate Residential Density District. Per State Welfare and Institutions Code § 5116, a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer persons with mental health disorders or other disabilities or dependent and neglected children, shall be considered a residential use of property for the purposes of zoning if the homes provide care on a 24-hour-a-day basis. These homes are therefore a permitted use in all residential zones, including, but not limited to, residential zones for single-family dwellings.

Residential, dormitory: A building or space within a building, to be used for college/university-level education facilities, which provides group sleeping, living and sanitary accommodations for persons attending the college/university who are not members of the same family. Such accommodations may include limited eating and cooking facilities.

Residential, institutional: A residential use associated with an institutional use, such as a school or hospital.

Residential, nonprofit: A residential use associated with the charitable provision of permanent and/or temporary housing, such as shelters and transitional housing.

Residential shelter facility: Any family home, group care facility or similar facility providing temporary 24-hour nonmedical services, supervision or assistance essential for the protection of the individual. Residential shelter facility includes shelters for victims seeking temporary refuge from domestic violence or abuse.

Residential, single-family detached: A development with each dwelling unit situated on a residential lot of record with no lot containing more than one dwelling unit. The design of a single-family detached development may include such concepts as "zero lot line" and "small lot development." In addition, a development with each lot of record containing more than one single-family detached for-sale dwelling unit shall be subject to "residential, attached" development standards.

Residential, small lot development: A single-family detached development consisting of lots between 2,400 and 4,000 square feet in size.

Residential uses: Any use which consists specifically of residential units. For purposes of applying setback criteria, residential uses do not include commercial, office, industrial and/or institutional uses, and any trails, parks or recreational facilities (see "Nonresidential uses").

Residual repository: A waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities.

Rest home: See "Convalescent home."

Restaurant: A business establishment whose principal activity is the selling of unpackaged food to the general public in a ready-to-consume state, in individual servings, usually in nondisposable containers. The customer generally consumes these foods while seated at tables or counters located within the building.

Restaurant, ABC license "Type 47" operating after 12:00 a.m.: A restaurant granted a Type 47 license from the Alcohol Beverage Control Department to sell and serve onsite alcohol beverages in a bona fide eating establishment operating after 12:00 a.m.

Restaurant, fast food: An establishment whose principal business is the sale of prepared, "take-out" or rapidly pre-prepared food served in disposable packaging directly to the customer, for consumption either within the restaurant or off the premises.

Restricted parking: A situation where off-street parking is permitted on the street frontage, or where on-street parking is prohibited during specified hours every day.

Retail and/or service businesses, general: Establishments which offer goods (such as books, gifts and clothing) or services (such as hairdressing, dry cleaning, or computer time share service which utilizes computers to provide services, such as billing for payroll, to other businesses and industries) to the general public, and are not covered by the following categories: "Restaurant," "School, commercial," "Convenience or liquor store," "Department store," "Nursery, retail," "Retail business, home improvement related," "Supermarket," and "Warehouse and sales outlet."

Retail business, accessory: Mix of retail uses with square footage restrictions that offer convenience goods and personal services that have been incorporated into higher density residential neighborhoods and office complexes intended to be ancillary to the primary use. Accessory retail is intended to meet the daily needs of the immediate residential and employee population through the offering of goods and services in close proximity in order to promote a sustainable lifestyle and reduce traffic. The uses shall not be a generator of additional auto trips or parking needs above the primary use. Typical accessory retail uses include, but are not limited to, mini-market, bank and/or automated teller machine (ATM), drug store, eating establishment such as a café, coffee/sandwich shop (excluding a drive-thru business), personal services (i.e., barber, hair salon, shoe repair), and dry cleaners (excludes operations involving storage of hazardous solvents and chemical use). Alcohol-related businesses shall obtain a CUP, when required.

Retail business, home improvement related: An establishment which offers goods such as furniture, building supplies and appliances to the general public for home maintenance. Such goods are often large in scale and require correspondingly large amounts of display space. See also "Nursery, retail" and "Warehouse and sales outlet."

Reverse vending machine (RVM): Six or fewer automated mechanical devices which accept one or more types of empty beverage containers and issue a cash refund or another type of redemption bonus. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. See also "Small collection facility."

Right-of-way: A specifically defined area or strip of land, either public or private, on which an irrevocable right-of-passage or use has been recorded.

Right-of-way, ultimate: The right-of-way shown as ultimate on an adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the City Engineer.

Riparian: Of, pertaining to, situated, or dwelling on the bank of a river, lake, pond, etc.

Riverine: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Roof: The external upper covering of any building or structure.

Roofline: See "Eave line."

Rough-in facilities: Installation of preliminary plumbing, electrical, and/or mechanical building materials (e.g., mechanical ducts, electrical circuits/outlets of 240 volts in capacity, gas lines/outlets and water and waste lines) for future kitchen and/or sanitation improvements without making the final connections. Also, includes rough-in openings that provide for future installation of any kitchen and/or kitchen equipment. Rough-in facilities and openings for kitchens must receive Planning Division approval/clearance prior to building permit issuance.

Satellite dish antenna: Any parabolic, spherical, and/or disc antenna of either solid or mesh type construction, intended for the purpose of receiving or transmitting telecommunications signals, including, without limitation, radio and television transmissions from or to any source or receptor including orbiting satellite transmitters.

School: See "School, commercial," "School, private," and "School, public."

School-age child: A child who is attending kindergarten through a child who is under 18 years of age.

School, commercial: A business establishment where instruction is given, in exchange for payment of a fee. Examples of subjects taught include, but are not limited to, dance, computer skills, music, and martial arts.

School, private: Any building or group of buildings the use of which meets State requirements for primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency.

School, public: Any building or group of buildings the use of which meets the State requirements for primary, secondary or higher education and which does secure the major part of its funding from a government agency.

School, vocational: Any building or group of buildings the use of which is to train students for special trades, such as printing, mechanics, cooking, etc.

Screening: A method of visually shielding or obscuring one abutting or nearby structure or use from another structure or use from view by fencing, walls, berms or densely planted vegetation.

Sea level: See "Mean sea level."

Seasonal agricultural sales use: A temporary agricultural use which directly relates to a specific time of the year, such as a holiday season or fresh fruit season, and provides agricultural products for sale to the general public on a seasonal basis. The time limits for seasonal agricultural sales uses are listed in Section 2-4-9. Examples of a seasonal agricultural sales use include, but are not limited to: seasonal fruit and vegetable stands, pumpkin patches, and Christmas tree lots. See Division 2 for permit information. (See also "Annual agricultural sales use," "Agricultural use" and "Accessory use.")

Seasonal use: A use which directly relates to a specific time of the year, such as a holiday season or fresh fruit season. Examples of a seasonal use include, but are not limited to: fruit stands, pumpkin patches, and Christmas tree lots. See Division 2 of this zoning ordinance for permit information.

Secondary highway: An undivided arterial highway of four through lanes. Secondaries provide for: (1) the movement of inter-village traffic; and/or (2) the movement of traffic to and from activity centers within villages. (See General Plan, circulation element.)

Secondary tenant: An occupant of a multi-tenant building of more than two stories, which may be identified according to the provisions of Section 7-3-2 of this zoning ordinance.

Secondhand dealer: A person, co-partnership, firm, or corporation whose business includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property and used goods, which may include used clothing, furniture, household goods, jewelry, household appliances, musical instruments, business machines and office equipment, hand tools, and similar items. This definition does not include book stores, antique stores, sale of used farm or construction equipment, junk dealers, scrap/dismantling yards, sale of used cars or other vehicles, pawn shops, or establishments selling used jewelry, old coins, and stamps.

Sector: A subarea located within Planning Area 4 (Lower Peters Canyon) that geographically divides the planning area to allow for an intermediate level of planning. See Section 9-4-5.

Security gate: See "Gates, security."

Sending site (TDR): A site within the IBC that has the ability to transfer development rights (gross square feet based upon an development intensity value budget in the IBC database) in accordance with the provisions of Section 9-36-18 (TDR).

Senior housing: Attached residential development designed for, and restricted to, persons or couples of which one member is age 55 or older. These residences are intended entirely for independent living, and do not provide support services such as common dining facilities or medical care. See also "Congregate care facility" and "Convalescent home."

Service: See "Retail and/or service businesses, general" and "Industries, service."

Service club: See "Fraternal and service club."

Service station: A retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of automotive vehicles and the fulfilling of motorists' needs.

Setback: A line established by this zoning ordinance to govern the placement of buildings with respect to streets, drives, other buildings, or property lines. The setback from the street is measured, regardless of the existing curb face, from the curb face corresponding to the ultimate right-of-way as defined by the City's General Plan, Master Plan of arterial highways, for each category of arterial highway. In the IBC (PA 36), streetside setbacks are measured from the property line in some instances (see Sections 3-37-29, 3-37-31, and 3-37-32). Interior setbacks are measured from the side or rear property lines. All setbacks shall be considered to be free and clear to the sky relative to building or structure placement unless otherwise excepted in Division 3.

Setback area: An open space area between the setback line and the street, drive or property line from which the setback is measured.

Setback area, front: A setback area which extends from side property line to side property line across the front of the site. The front setback area always borders a street or drive.

Setback area, rear: A setback area which extends from side property line to side property line across the rear of the site.

Setback area, side: A setback area which extends from the front setback area to the rear setback area along the side property line of the site.

Setback area, streetside: A setback area bordering a street site where this area is not across the front of the site.

Sexually oriented business: Any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, escort bureau, stripper, adult model studio, or adult motel/hotel, or sells or distributes adult merchandise or sexually oriented material, or any other business or concern which offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts, but not including those uses or activities, the regulation of which is preempted by State law. "Sexually oriented business" shall also include any establishment which, as a regular and substantial course of conduct, provides or allows performers, models, or employees to appear in any place in lingerie. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:

A.

The area devoted to adult merchandise and/or sexually oriented material exceeds more than 15 percent of the total display or floorspace area open to the public.

B.

The business or concern presents any type of live entertainment which is not prohibited by Title 4, Division 14, Chapter 5 of the Irvine City Code, but is nonetheless characterized by an emphasis on specified sexual activity or specified anatomical parts, at least four times in any month in any given year.

C.

The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Sexually oriented material: Any element of adult merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Sexually oriented merchandise: Sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

Shall: That which is obligatory or necessary.

Shallow flooding: See "Area of shallow flooding."

Shared parking: A situation where the same parking spaces can be utilized by two or more different uses and/or businesses due to the differing peak hours of operation of the uses involved.

Sheet flow area: See "Area of shallow flooding."

Shopping center: See "Commercial, community," "Commercial, general," "Commercial, neighborhood," and "Commercial, regional."

Side yard: The portion of a lot between the side property line and the side of the principal building, and extending to the required front and rear setbacks.

Sight triangle: A triangular-shaped portion of land established at a street intersection or driveway in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection or driveway. See the current City policy regarding sight triangle measurements.

Sign: Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

Sign area: The entire area within a perimeter defined by a continuous line composed of right angles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate such from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports or uprights on which any such sign is supported shall not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the display.

Sign program: A sign program is intended to coordinate the design of all signs within a project and may provide flexibility in the application of the regulations governing signs. It is a mandatory document in certain circumstances, as stated in Chapter 2-31.

Sign types:

Sign, advisory (convenience or directional): A sign not larger than six square feet which conveys information such as "restrooms," "entrance," or the like, but does not contain brand, trade, or business identification, and is designed to be viewed from the site or the adjacent site by pedestrians and/or motorists.

Sign, apartment complex for lease/rent directional: A sign located within a residential village designed to direct motorists to an apartment complex leasing/rental office.

Sign, business identification: A sign which serves to identify the name, address, and lawful use of the premises upon which it is located and sets forth no other advertisements.

Sign, cabinet, can or cloud: Any sign consisting of a box or case-like frame, enclosing a sign face (or faces), fabricated as a single plane of translucent material such as plastic or plexiglass, containing a word.

Sign, canopy: Any sign attached to, painted on, suspended from or constructed upon a canopy.

Sign, center or project identification: A sign that identifies the name and address of the building, complex, project, institution, or individual business. The sign copy may not set forth any other advertisements beyond identifying the center or project and must include a word that identifies the entire facility, such as "Center," "Complex" or "Park."

Sign, construction: A sign which identifies a construction site, which may contain the name of the project and the names and addresses of the contractor, architect, engineer, or developer.

Sign, directional: A sign designed solely to provide direction or guidance to pedestrian or vehicular traffic.

Sign, electronic message center: A changeable copy system that is controlled by an electronic computer.

Sign, facility identification: A sign which identifies a community facility, park facility, church, school, or other institutional building.

Sign, freeway directional: A directional sign for use along freeways and which consists of panels listing the names of villages.

Sign, future facility: A temporary sign which identifies the future use of a site and which meets the specifications of Division 7 of this ordinance.

Sign, garage sale: Any temporary sign which announces the limited sale of used goods, furniture, or clothing at a residence.

Sign, ground: A sign supported by one or more uprights, poles, posts or braces placed in or upon the ground which are not a part of, or attached to, a building. This definition includes monument signs, pylon signs, freestanding signs, and pole signs.

Sign, identification: A sign which serves to identify only the name, address, and lawful use of the activity to which it relates and which sets forth no other advertisement.

Sign, illuminated: A sign which has characters, letters, figures, designs, or outline illuminated by electric lights or luminous tubes. This definition shall also include reflective, glowing or radiating signs.

Sign, information: A sign designated to be viewed on the site by pedestrians and/or motorists, which provides hours of operation, services, or programs offered.

Sign, intersection directional: A directional sign consisting of panels listing the names of villages and located prior to an intersection.

Sign, model home directional: A sign located within a village designed to direct motorists to a model home complex, sales office or leasing office.

Sign, neighborhood development identification: A sign which identifies a single-family development, condominium development or apartment complex.

Sign, noncommercial: A temporary sign that provides public service information (see "Sign, public service").

Sign, nonconforming: A sign which was legally installed under laws or ordinances in effect prior to the effective date of Division 7 or subsequent revisions, but which is in conflict with the provisions of Division 7 of this zoning ordinance.

Sign, open house directional: A sign designated solely to provide direction or guidance to vehicular traffic. Copy may contain "Open House" and the address of the property for sale, and may also identify the person or firm handling such sale.

Sign, permanent: A sign intended to exist for the duration of time that the use or occupant is located on the premises. The sign shall be constructed entirely of durable materials.

Sign, political: A temporary sign advocating a particular candidate or position which is the subject of an imminent general or special election. See Chapter 7-3 for regulations.

Sign, projecting: A sign other than a wall sign suspended from, or supported by, a building or structure and projecting outward.

Sign, public service: A political, social, moral, religious, or other noncommercial sign of a temporary or permanent nature.

Sign, pushcart: A sign no larger than two square feet intended for installation on a pushcart.

Sign, real estate: A temporary sign advertising the sale, lease, or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease or rent.

Sign, reassurance: A directional sign designed to reassure motorists of their direction of travel on their way to a village. Such signs shall be located only along the major arterials to said villages.

Sign, skyline: A sign at the top of a building over two stories.

Sign, temporary: A sign, usually constructed of cloth or fabric, cardboard, wallboard, wood or other light material, intended to be displayed for a short period of time as set forth in Division 7.

Sign, thruway directional: A directional sign designed for City use along the thruway system which consists of four panels listing the names of villages.

Sign, village directional: A directional sign designed for City use consisting of panels listing the names of villages. The sign shall consist of one to six panels, depending upon the number of villages.

Sign, village identification: A sign which displays the name of the village within which it is located.

Sign, wall: A sign attached to the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall.

Sign, window: Any sign, exposed to public view, attached, painted, or pasted, either permanently or temporarily, on the interior or exterior of a window.

Simultaneous: For purposes of Chapter 2-6, Batch Broadband Permit Application, simultaneous shall mean broadband permit applications which are submitted together and at the same time.

Single-room occupancy (SRO): An individual dwelling unit with all residential functions consolidated into a single room that houses one or two people and provides short- or long-term living accommodations. SRO units provide a housing option for lower income single adults (or couples) who find housing in traditional apartments or single-family homes unaffordable or otherwise unsuitable. Most SRO units are small, with a gross floor area typically ranging from 175 to 450 square feet. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.

Single (small utility facility) application: An application for a single small utility facility at a single location (compare with batch small utility facility application).

Single-tenant site: Occupied by one owner or lessee.

Site: A site consists of a parcel or parcels which are developed and planned as a unit for either residential or nonresidential developments. A site may be subdivided into smaller lots or into condominiums provided there is a mandatory owners' association. In single-family detached developments, the site is synonymous with the individual single-family lot.

Site area, gross: The total area of a site measured to the centerline of all adjacent streets.

Site area, net: The total area of a site excluding all public and private streets and all easements that prohibit the surface use of a portion of the property.

Site coverage (building coverage): The relationship between the net site area and the building footprint area on the site.

Skyline sign: See "Sign, skyline."

Small collection facility: An area and/or structure of less than, or equal to, 300 square feet which accepts delivery of source-separated materials, including, but not limited to, glass, paper, and plastics. Materials may be accepted for compensation or as donations and are intended for transfer to a larger facility for processing. A small collection facility is intended for day-to-day collection of materials and does not include power-driven processing equipment. A group of seven or more reverse vending machines shall be considered a small collection facility. See also "Large collection facility" and "Reverse vending machine."

Small utility facility: A facility that includes antennas and equipment associated with overall facility necessary for the function of the facility, which meets each of the following conditions:

1.

Support structure:

a.

Installation on an existing support structure: Where the facility will be installed on an existing support structure, the structure on which the facilities will be mounted:

(1)

Is 50 feet or less in height with the added antennas, or

(2)

Is no more than 10 percent taller than other adjacent structures, or

(3)

Is not extended to a new height more than 50 feet or 10 percent above its preexisting height, as a result of the collocation of new facility (including the height of the facility); or

b.

Installation on a new support structure: Where the facility will be installed on a new support structure, including a replacement structure, the structure on which the facilities will be mounted:

(1)

Is 50 feet or less in height with the added antennas, or

(2)

Is no more than 10 percent taller than other adjacent structures with the added antennas, or

2.

Each antenna (excluding the other equipment associated with the facility) is no more than three cubic feet in volume; and

3.

All equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is cumulatively no more than 28 cubic feet in volume; and

4.

The facility does not require antenna structure registration under Part 17 of Title 47 of the Code of Federal Regulations as that code is amended from time to time; and

5.

The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x) as that section is amended from time to time; and

6.

The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards that are adopted by the FCC or other similar Federal or State agency; and

7.

For the purposes of this section, "small utility facility" shall only include the (1) antennas, and the "equipment associated with the facility."

Sober living facilities: Any house, institution, hotel, or similar place that provides room and board, or rooms only, and operates as a drug and alcohol free residential facility.

Solar collector: The term "solar collector" means a fixed device or structure, or part of a device or structure, which is used primarily to transform solar energy into thermal, chemical or electrical energy.

Solar energy system: A solar energy system is any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. Based on this statutory definition, solar energy systems include, but are not limited to:

•

Photovoltaics (solar electric).

•

Solar water heating for use in buildings.

•

Solar water heating for space heating or cooling.

•

Solar pool heating.

Solicitations or soliciting: See Section 2-10-901 of the Municipal Code for definition.

Solid waste transfer station: A centralized facility where waste is unloaded from several small collection vehicles and loaded into larger vehicles for hauling to the final disposal site. A solid waste transfer facility may not incorporate a materials recovery facility as an accessory use.

Special event: A unique happening, action, or occasion. Examples include, but are not limited to, grand openings, fundraisers, concerts, races, and civic events.

Special flood hazard area (SFHA): An area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, E, M, V1-V30, VE or V.

Special flood hazard district: Refer to "FP-2."

Special hazard area: An area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on a FHBM or FIRM as Zone A, AO, A1-30, AH, V1-30, M or E.

Special use district: An area intended to provide an intense pedestrian oriented mix of mid- to high-rise buildings, including, but not limited to: civic, cultural, entertainment, retail, commercial, institutional and office uses such as museums, theaters, restaurants, retail shops, boutiques and offices.

Specialty commercial: See "Commercial, specialty."

Specific land use category: A land use category which is permitted or conditionally permitted within the three zoning districts of Irvine Business Complex. (See Section 3-3-1 for specific land uses permitted or conditionally permitted in each zoning district.)

Specified anatomical parts:

A.

Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or

B.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

See also Chapter 5 of Division 14 of Title 4 of the Irvine City Code on unlawful exposure.

Specified hazardous waste facility: A specific off-site facility project proposal.

Specified sexual activities:

A.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, or any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or

B.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

C.

Use of human or animal ejaculation, sodomy, oral copulation coitus, or masturbation; or

D.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

E.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

F.

Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

G.

Human excretion, urination, menstruation, or vaginal or anal irrigation; or

H.

Striptease or the removal of clothing to the point where specified anatomical parts are minimally clad.

Square footage, gross: The number of square feet in all floor levels of a building, including below grade levels and penthouse suites, as measured from the finished interior face of the exterior walls, excluding courts. Deductions may be made for the area of penetrations for vent and elevator shafts for all floors above the floor in which the vent and elevator shaft originate. The ground floor where the vent and elevator shaft originate is included in the gross square footage. For stairs, each step and each landing is included in the gross square footage; however, in an enclosed stairwell the gross square footage may be measured as 50 percent of the stairwell penetration for all floor levels above the ground floor. No other deductions or exclusions shall be made by reason of columns, stairs, elevators, escalators, or other interior construction or equipment.

Square footage, gross leasable: A measure of building intensity used only in Planning Area 33 (Irvine Spectrum 1). Gross leasable square footage shall consist of the square footage area within the exterior facade or line of the exterior walls of the building, including basement and subterranean areas, balconies and mezzanine space, except that the following areas shall not be included:

A.

Areas which are used exclusively to house mechanical, electrical, telephone, heating, ventilation, air conditioning and other such building operating equipment, including trash compactors and baling equipment.

B.

Service corridors, exit corridors, or stairs not contained within any area exclusively appropriated for the use of any single occupant.

C.

Mall pedestrian circulation not contained within any area exclusively appropriated for the use of any single occupant, including stairs and vertical transportation.

D.

Truck loading areas, truck tunnels, truck parking, turnaround and dock areas, and ramps and approaches to such truck loading areas.

Stable, commercial: Any property where one or more horses are kept for commercial purposes, either for use by the general public or by the animal(s) owners.

Stable, private: Any property where one or more horses are kept or maintained solely for the use and enjoyment of a single owner.

Stable, public: Any property where one or more horses are kept for commercial purposes, either for use by the general public or by the animal(s) owners.

Start of construction (Floodplain Overlay District only): Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

State coordinating agency: The agency of the State government, or other agency, designated by the Governor of the State or by the State statutes at the request of the Administrator to assist in the implementation of the National Flood Insurance Program in the State.

Storage: The keeping or maintaining of goods at the same location for a period of time in excess of 72 hours.

Story: 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 topmost floor and the ceiling or roof above.

Street: A public or private vehicular right-of-way, other than an alley or driveway. "Street" refers to both local streets and arterial highways.

Street, local: An operational and arterial designation for a low-speed, low-volume roadway primarily for access to residential property. A local street may have parking and a significant amount of parallel and perpendicular pedestrian traffic.

Street, local commercial: An operational and arterial designation for a low-speed, low-volume roadway primarily for access to commercial and business properties. A local commercial street may have parking in areas where sidewalks are provided. (See General Plan, circulation element.)

Streetscape: Landscaped area adjacent to public or private streets.

Structure: Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improvements of a minor character.

Structure (for floodplain management purposes): A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home.

Subdivision: The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for lease, sale or financing. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.

Substantial change in physical dimensions. For purposes of Chapter 2-37.5, a modification, such as a collocation, removal or replacement, that meets any of the following criteria:

1.

For towers other than towers in the public rights-of-way, it (1) increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, or (2) involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

2.

For non-tower eligible support structures that are not in the public rights-of-way, it (1) increases the height of the structure by more than 10% or more than ten feet, whichever is greater; or (2) involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

4.

For towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

5.

It entails any excavation or deployment (1) outside of the site lease or license area for towers and base stations on private property; or (2) outside the proximity to the ground-mounted equipment for towers and base stations in the public rights-of-way;

6.

It would defeat the concealment elements of the eligible support structure; or

7.

It does not comply with conditions - other than those conditions related to height, width, equipment cabinets, excavation/deployment, or concealment elements - associated with the siting approval of the construction or modification of the eligible support structure or base station equipment.

Substantial damage (Floodplain Overlay District only): Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement: Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

A.

Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the City Building Official and which are the minimum necessary to assure safe living conditions; or

B.

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Substantially similar broadband project sites: Broadband project sites that are 95 percent nearly identical in terms of equipment and general design, but not location.

Super graphic: A painted design which covers an area greater than 10 percent of a wall, building facade, or other structure; to be applied on a permanent basis only.

Supermarket: A retail establishment, of at least 15,000 square feet, whose merchandise consists primarily of a variety of groceries, meats, dairy products, produce, liquor and other food products. Food service may occur as an accessory use, not occupying more than 10 percent of the entire square footage of the establishment.

Supportive housing — Large: Housing occupied by a target population of seven or more persons, with no limit on length of stay, that makes available on-site and/or off-site services such as job training, life skills training, child care, educational programs and health care services that assist the supportive housing resident(s) in retaining the housing, improving their health status and maximizing their ability to live and, when possible, work in the community. Residents are made aware of any off-site services offered and may be provided transportation to such services. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Act (Welfare and Institutions Code § 4500) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting institutional settings, veterans and homeless people.

Supportive housing — Small: Housing occupied by a target population of six or fewer persons, with no limit on length of stay, that makes available on-site and/or off-site services such as job training, life skills training, child care, educational programs and health care services that assist the supportive housing resident(s) in retaining the housing, improving their health status and maximizing their ability to live and, when possible, work in the community. Residents are made aware of any off-site services offered and may be provided transportation to such services. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Act (Welfare and Institutions Code § 4500) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting institutional settings, veterans and homeless people.

Swale: An elongated or depressed landform within a landscaped area, which is designed to carry storm or other runoff.

Swap meet: See "Outdoor vendor" and "Outdoor sales."

Symbol: See "Logo."

Tandem parking space: A parking space located so that it abuts a second parking space, such that vehicular access to that second space can only be made through the abutting (tandem) space.

Tavern: See "Bar."

Temporary sign: See "Sign, temporary."

Text: Words and numbers used within a sign area.

Theater: A facility used by and for the performing arts but not including cinema.

Thruway: An operational designation for a relatively high-speed arterial highway with restricted access supplementing the freeway system and carrying intermediate range trips to or between major nonresidential land uses. A thruway has emergency parking only, and minimal pedestrian interference with traffic. (See General Plan, circulation element.)

Thruway directional sign: See "Sign, thruway directional."

Time-restricted parking: A parking stall, identified and striped with green paint, which is utilized for a limited period of time.

Tint/tinted: A gradation of a color that may be achieved by adding white.

Toddler: A child between the ages of 18 months through two years six months of age.

Tower. Any structure built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Trail: See "Bicycle trail," and "Master Plan of bicycle trails."

Transfer of development rights (TDR), Irvine Business Complex: Allowance of the transfer of development rights from one eligible sending site to increase the development potential of an eligible receiving site in accordance with the provisions of Section 9-36-18, administrative Master Plan procedures of Chapter 2-17, and administrative conditional use permit procedures of Chapter 2-9. Upon receipt of any required transfer of development rights fee, the entitlement shall remain available for use on the receiving site in accordance with the terms and conditions of any required discretionary approval, until used for development or transferred to another eligible location within the Irvine Business Complex.

Transfer of Development Rights (TDR) Approval: Transfer of development rights conditional use permit or Master Plan application that has been approved by the Planning Commission or City Council.

Transit mass retail: An area intended to provide a pedestrian/transit orientation, accommodating uses including, but not limited to: entertainment facilities, retail and service shops and boutiques and restaurants.

Transit stop, major: As defined by California Public Resources Code Section 21155B(b).

Transition area: A buffer area separating preservation areas and areas of development.

Transitional housing — Large: As defined by State Health and Safety Code § 50675.2, as amended from time to time, as housing provided to homeless or near homeless families consisting of seven or more persons for an extended period that generally incorporates social services and counseling programs intended to assist in the transition to self-sufficiency through the attainment of a stable income and permanent housing. Transitional housing units may be detached, attached or multi-unit residential structures. Boarding houses are not included in this definition.

Transitional housing — Small: As defined by State Health and Safety Code § 50675.2, as amended from time to time, as housing provided to homeless or near homeless individuals or families consisting of six or less persons for an extended period that generally incorporates social services and counseling programs intended to assist in the transition to self-sufficiency through the attainment of a stable income and permanent housing. Transitional housing units may be detached, attached or multi-unit residential structures. Boarding houses are not included in this definition.

Translucent: A surface that allows light to shine through, but is diffused to the extent that distinct images cannot be perceived.

Transmission equipment. Equipment that facilitates transmission of any Federal Communications Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Transparent: A surface that allows light to shine through without any diffusion, so that distinct images can be perceived as if there were not intervening material.

Transportation corridor: An arterial roadway and operational designation for a multi-modal facility with restricted access having a median or sufficient width to be utilized for fixed rail or high occupancy vehicle lanes, in addition to general purpose lanes. Transportation corridors provide for movement of inter-city traffic.

Travelway: The portion of the roadway for the movement of vehicles, exclusive of shoulders, curb sections, and auxiliary lanes. The travelway is measured from the face of curb on barrier-type curbs, from the flow line for mountable curbs, or from the edge of pavement on roadways without curbs.

Trip: A one-way vehicle movement to or from a subject property or study area.

Trip end: Either the origin or destination end of a trip.

Truck terminal: A business providing a location where goods carried by motor transport can be received, transferred from one vehicle to another, and/or shipped, where the primary purpose is not storage but to serve as a point of transfer.

Two-part conveyance: Offers of conveyance may be made in two parts. The first part contains, to the greatest extent possible, substantially all of the preservation areas and is offered for conveyance no sooner than 90 days following issuance of building permits for 75 percent of the development in the district, whichever first occurs (see land use Figure A-20). However, preservation area lands abutting potential development areas may be excluded from the first part. The boundaries of the second part are defined and offered for conveyance upon the recordation of final maps for development abutting the area to be dedicated. Where appropriate, the transition zone may be offered for conveyance as open space easements.

Undefined uses: A general land use category used in the Irvine Business Complex zoning ordinance which includes accessory uses, manufactured structures, and drive-thru, churches, community and government facilities, commercial recreation, outdoor storage, and commercial, private and public schools. Corresponding trip rates shall be determined by the Director of Public Works at the time of project submittal consistent with trip rates approved by the City, and shall be based upon the specific land uses proposed.

Ultimate right-of-way: The right-of-way shown as fully completed on an adopted precise plan of highway alignment; or the street right-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the City Engineer.

Undefined uses: A general land use category used in the Irvine Business Complex zoning ordinance which includes accessory uses, manufactured structures, and drive-thru, churches, community and government facilities, commercial recreation, outdoor storage, and commercial, private and public schools. Corresponding vehicle trip rates shall be determined by the Director of Public Works at the time of project submittal consistent with development intensity value rates approved by the City, and shall be based upon the specific land uses proposed.

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

Uses assumed to have no traffic generation: A general land use category used within the Irvine Business Complex (PA 36) that describes uses for which no development intensity value is assumed. These include parks, pushcarts and heliports for which no development intensity value shall be assumed.

Utility building and facility: A building or land used for private or public utility purposes, but not including wireless communication facilities.

Valet parking: A valet parking operation is a service that parks cars and typically consists of a drive-up/drop-off lane where a motorist leaves the vehicle with an attendant to park. See Division 4 of this zoning ordinance for procedures.

Valet parking operation: A valet parking operation is a service that parks cars and typically consists of a drive-up/drop-off lane where a motorist leaves the vehicle with an attendant to park. The valet parking operations found at hotels/motels are excluded from regulation by the valet parking permit. See Division 4 of this zoning ordinance for procedures.

Variance: A grant of relief from the terms of this zoning ordinance.

Vehicle assembly: The use of any building or land for a business, service or industry involving the assembly of vehicle parts.

Vehicle body repair, paint or restoration: The use of any building or land for business involving the repair or painting of any vehicle body.

Vehicle impound yard: Any property where automobiles are stored for a law enforcement agency which requires the payment of a fee or fine to recover the vehicle.

Vehicle leasing: The use of any building or land for a business involving the short-term leasing of vehicles.

Vehicle rentals: The use of any building or land for a business involving the short-term rental of vehicles.

Vehicle repair: The use of any building or land for a business, service or industry involving the maintenance, servicing or repair or painting of vehicles (also includes "Repair garage").

Vehicle sales: The use of any building or land for the display and sale or long-term lease of new or used automobiles, panel trucks or vans, trailers or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use. A long-term lease is defined as no less than 24 months.

Vehicle storage: Any land where two or more vehicles are stored outside of an enclosed structure, except a vehicle impound yard or a recreational vehicle storage yard. (See "Vehicle impound yard," "Recreational vehicle storage, private" and "Recreational vehicle storage, public.")

Vehicle trip: See "Trip."

Vehicle wrecking yard: Any land where two or more vehicles not in running condition, or the parts thereof, are wrecked, dismantled, disassembled or substantially altered.

Vehicular parking space: A parking space for either automobiles, vehicles driven by the handicapped, or motorcycles.

Vesting map: A map which meets the requirements of Government Code § 66452.

Vesting tentative map: A tentative map that shall have printed conspicuously on its face the words "Vesting Tentative Tract Map" or "Vesting Tentative Parcel Map" and shall conform to the requirements of section 5-5-601 of the Subdivision Ordinance and the applicable provisions of the Subdivision Map Act.

Veterinary services, domestic: A place where animals or pets commonly kept in a residential area are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use (also includes "Animal hospital").

Veterinary services, livestock: Same as "Veterinary services, domestic," except that the animals treated are livestock such as horses, cattle, sheep and others.

Video game: See "Arcade, game."

Village: See "Planning area."

Village directional sign: See "Sign, village directional."

Village edge: The boundary of a planning area as designated in this zoning ordinance.

Village identification sign: See "Sign, village identification."

Violation (Floodplain Overlay District only): The failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

Wall: See "Fence."

Wall sign: See "Sign, wall."

Warehouse: The keeping or maintaining of goods at the same location for a period of time in excess of 72 hours. Also see "Warehousing, storage and distribution."

Warehouse and sales outlet: A business which stores large inventories of goods in an industrial-style building where these goods are not produced on the site but are offered to the public for sale.

Warehousing, storage and distribution: A building where goods and materials are kept immediately prior to their delivery to retail outlets or their sale to other businesses. This use may include vehicle maintenance or storage as an accessory use on not more than 10 percent of the total site area.

Water surface elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of riverine areas.

Water surface elevation: The projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplain of coastal or riverine areas.

Watercourse: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Wholesale use: Businesses which store large stocks of goods and sell them in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer.

Window sign: See "Sign, window."

Wireless communication facility: A facility for use by wireless carriers that typically utilizes any type of antenna components (including microwave dish, directional panel, and/or omni-directional whip) to send and/or receive radio frequency signals and the accessory wireless equipment.

Wireless communications technology: A field of communications technology intended to establish a network to transmit and receive messages using radio frequency signals.

Wireless facility site: For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to that location, and, for other eligible support structures, the area in proximity to the structure and to other wireless transmission equipment already deployed on the ground.

Zero lot line: A development approach in which a building is sited on one or more lot lines. Conceivably, three of the four sides of a building could be on the lot line. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot.

Zone B: The area between the special flood hazard area and the limits of the 500-year flood, including areas of the 50-year floodplain that are protected from the 100-year flood by dike, levee or other water control structure; and areas subject to certain types of 100-year shallow flooding where depths are less than one foot.

(Code 1976, § V.E-102.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-20, § 6, 11-10-92; Ord. No. 92-21, 11-24-92; Ord. No. 92-22, § 2, 12-8-92; Ord. No. 93-3, 4-27-93; Ord. No. 93-14, § 3, 10-12-93; Ord. No. 94-5, § 3, 5-24-94; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 95-4, § 1, 5-9-95; Ord. No. 95-8, § 3, 7-11-95; Ord. No. 95-18, §§ 2, 3, 10-10-95; Ord. No. 96-18, § 4, 12-10-96; Ord. No. 97-05, 5-13-97; Ord. No. 97-06, 5-13-97; Ord. No. 97-09, § 3, 5-27-97; Ord. No. 97-19, § 3, 11-11-97; Ord. No. 98-14, § 3, 10-27-98; Ord. No. 99-03, § 3, 2-9-99; Ord. No. 99-10, § 3, 5-11-99; Ord. No. 99-14, § 2, 6-8-99; Ord. No. 00-04, § 4, 4-25-00; Ord. No. 00-09, § 3, 6-13-00; Ord. No. 01-07, § 2, 5-8-01; Ord. No. 01-13, § 4, 7-24-01; Ord. No. 03-02, § 4, 1-14-03; Ord. No. 03-34, § 5, 1-22-04; Ord. No. 05-13, § 4, 7-12-05; Ord. No. 05-16, § 2, 7-12-05; Ord. No. 05-20, § 3, 9-27-05; Ord. No. 09-02, § 3, 3-24-09; Ord. 10-04, § 3, 4-13-10; Ord. No. 10-07, § 9 (Exh. C), 7-27-10; Ord. No. 13-08, § 2(Exh. A), 1-14-14; Res. No. 15-86, § 3(Exh. A), 8-11-15; Ord. No. 16-05, § 3(Att. 1), 7-26-16; Ord. No. 16-06, § 3(Exh. A), 8-9-16, effective 1-1-17; Ord. No. 18-01, § 8(Exh. A), 2-27-18; Ord. No. 18-05, Exh. A, 4-24-18; Ord. No. 19-06, § 6(Exh. A), 5-14-19; Ord. No. 21-06, Exh. A, 6-8-21; Ord. No. 22-12, § 3(Exh. A), 8-9-22; Ord. No. 23-13, § 3(Exh. A), 7-11-23; Ord. No. 24-07, § 3(Exh. A), 5-28-24; Ord. No. 24-13, § 2(Exh. A), 9-10-24; Ord. No. 24-15, Exh. A, 9-24-24; Ord. No. 24-19, § 2(Exh. A), 11-26-24)