08 - DEFINITIONS
For the purpose of carrying out the purpose of this code, the words, phrases and terms included in this title shall have the meaning ascribed to them in this chapter.
(Ord. 177 § 2(part), 1966: prior code § 9316).
"Abut," "adjoining" or "contiguous" means, in reference to real property, two or more lots or parcels of land sharing a common boundary line, or two or more objects in immediate contact with each other.
(Ord. 177 § 2(part), 1966: prior code § 9317(A)(1)).
"Access" means the place, or way, by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use.
(Ord. 177 § 2(part), 1966: prior code § 9317(A)(2)).
"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:
A.
An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
B.
A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(Ord. No. 724, § 2, 7-25-18)
"Accessory use" means use customarily incidental and related to, but clearly subordinate to, a principal use; accessory uses shall be permitted only on the same lot or parcel of land as the principal use; provided, that such accessory uses shall not alter the character of the principal use.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(3)).
"Adjacent" means, in reference to lots, or parcels of land, those lots or parcels of land separated only by an alley, street, highway or recorded easement, or located in close proximity to each other; or, two or more objects that lay near or close to each other.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(4)).
"Alley" means a public or private way, other than a street or highway, permanently reserved as a means of vehicular access to adjacent properties.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(5)).
"Apartment" means one of the dwelling units in an apartment house.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(6)).
"Apartment house" means a building, or a portion of a building, designed or used for occupancy by three or more families, living independently of each other, and containing three or more dwelling units.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(7)).
"Asphalt plant" means a plant for the manufacture of asphalt and asphaltic concrete, including any apparatus or uses incidental to such manufacturing.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(8)).
"Assessor" means the assessor of the county.
(Ord. 177 § 2(part), 1966: prior code § 9317(A)(9)).
"Auto dismantler" means every person who buys any motor vehicle, or parts thereof, as the term "motor vehicle" is defined in the State Vehicle Code, for the purpose of dismantling or disassembling or who dismantles or disassembles any such motor vehicle or parts thereof, whether for the purpose of dealing in any of the parts thereof or using the same for the purpose of reconditioning any other vehicle or parts thereof, or for the purpose of selling or otherwise dealing in materials of such motor vehicles. The terms automobile dismantler and automobile wrecker are synonymous.
(Ord. No. 677, § 2, 5-14-14)
"Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles required to be registered under the Vehicle Code of the state, including the buying, selling or dealing in such vehicles or integral parts or component materials thereof and the storage, sale or salvage of dismantled, partially dismantled, or wrecked, inoperative vehicles. Automobile dismantling does not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or body and fender shop. The terms automobile dismantling yard and automobile wrecking yard are synonymous. Auto dismantling yards are not classified as recycling facilities per the city's definition of "recycling facilities" (IMC Section 17.56.080 Recycling facilities—Definitions).
(Ord. 286 § 1(part), 1975: Ord. 177 § 2(part), 1966).
(Ord. No. 677, § 2, 5-14-14)
"Basement" means that portion of a building which is partly or wholly below finished grade.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(1)).
"Batching plant" means a plant for the manufacture or mixing of concrete, cement, concrete and cement products, including any apparatus and uses incidental to such manufacturing and mixing.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(2)).
"Billboard" means a sign soliciting public support or directing public attention to the sale, lease, hiring or use of any objects, products or service. For purposes of this chapter, a billboard shall not include a sign solely advertising the business located on the premises where such sign is erected and maintained.
(Ord. No. 659, §§ 2, 3, 8-8-12)
"Borrow pit" means the same as quarry.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(3)).
"Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property of any kind.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(4)).
"Accessory building" means a detached, subordinate building, the use of which is customarily incidental to that of the main building, or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(5)).
"Building height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(6)).
"Main building" means a building in which is conducted a principal use of the lot or parcel of land upon which it is situated.
(Ord. 177 § 2 (part), 1966: prior code § 9318(B)(7)).
"Carport" means a permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(1)).
"Cellar" means the same as basement.
(Ord. 177 § 2 (part), 1966: prior code § 9319(C)(2)).
"Centerline" means the centerline of any street, highway or alley.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(3)).
"Child care center" means the same as day camp.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(4)).
"City" means the city of Irwindale.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(5)).
A group of medical practitioners working in cooperation and sharing the same facilities.
(Ord. No. 716, § 4, 12-13-17)
"Private club" means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(6)).
"Commission" means the planning commission of the city.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(7)).
"Convalescent home" means the same as nursing and convalescent hospital.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(8)).
"Council" means the city council of the city.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(9)).
"Court" means an open, unoccupied space, bounded on two or more sides by the walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(10)).
"Dairy" means any premises where one or more bovine animals are kept or maintained for the purpose of producing milk, or dairy products.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(1)).
"Day camp" means a facility with an organized program for the daytime supervision and care of children.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(2)).
"Day spa" means a facility employing licensed trained professionals where visitors can receive a variety of spa treatments during day hours and overnight accommodations are not available. Examples of typical spa services include exfoliation, dermabrasion, balneotherapy, dry brushing, body composition (fat to lean muscle ratio) analysis, massages, chemical peel, clay or mud wrap, facial rejuvenation, reflexology, hydrotherapy, balneotherapy, crenotherapy, thalassotherapy, and body wraps.
(Ord. 608 § 3, 2006).
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.154, which pertained to the definition of delivery and derived from Ord. No. 700, adopted January 27, 2016.
"Detached living quarters" means the same as guesthouse.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(3)).
"Director" means the director of planning for the city, or the city manager, whoever may be designated by the city council to enforce and administer the provisions of this title.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(4)).
"Duplex" means the same as two- family dwelling.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(5)).
"Multiple dwelling" means a building, or portion thereof, designed for occupancy, as living quarters for more than three families, living independently of each other and containing at least three dwelling units.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(6)).
"One-family dwelling" means a building designed or used exclusively, for occupancy by, or as living quarters for, one family.
(Ord. 177 § 2 (part), 1966: prior code § 9320(D) (7)).
"Three-family dwelling" means a building designed or used exclusively for occupancy, as living quarters, by three families and containing not more than three dwelling units.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(9)).
"Two-family dwelling" means a building designed or used exclusively for occupancy, as living quarters, by two families and containing at least two dwelling units.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(8)).
"Dwelling unit" means one or more rooms in a building or portion thereof, designed, and intended to be used, or used, for occupancy by one family, for living and sleeping quarters, and containing only one kitchen.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(10)).
"Inert solid dump" means an area devoted to the disposal of nonwater soluble, non-decomposable, inert solids such as natural earth; rock, sand and gravel; paving fragments; concrete; brick; plaster and plaster products; steel mill slag; glass; and asbestos fibre and products therefrom.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(11)).
"Rubbish and refuse dump" means an area devoted to the disposal of inert solids and/or decomposable, organic refuse and scrap metal, such as:
A.
All materials listed in Section 17.08.195 for inert solid dump;
B.
Street Sweepings.
1.
Small quantities of noxious materials in mixed loads of rubbish,
2.
Metals and metal products, except magnesium and its alloys and salts,
3.
Paper and paper products, including roofing and tar paper,
4.
Cloth and clothing,
5.
Wood and wood products,
6.
Lawn clippings, sod and shrubbery,
7.
Cold ashes received in mixed loads of rubbish,
8.
Manufactured rubber products,
9.
Solid plastic products,
10.
Dry mud cake from oilfield sumps,
11.
Paint sludge received from water circulated paint-spray booths not transported in vacuum tanks,
12.
Oil soaked excelsior or straw used to absorb hydrocarbon oils from wastewater,
13.
Hog manure and hogpen refuse containing substantial quantities of garbage and refuse from hog feeding operations,
14.
Paint in drums from which the major portion of liquids have been removed;
C.
Liquids.
1.
Rotary drilling mud from oilfield drilling operations,
2.
Cleanings from the production tanks (Cleanings from production tanks are defined as the residues removed in the cleaning of tanks used solely for the production and storage of unrefined petroleum. Tank cleanings do not include any substance derived from the cleaning of tanks used in connection with oil refinery wastes or other refined petroleum products.),
3.
Acetylene sludge,
4.
Sludge from automobile washracks and steam cleaning products,
5.
Mud and water from laundries,
6.
Liquid latex waste,
7.
Ceramic, pottery and glaze wastes,
8.
Sludge derived from the softening of water by the lime soda process,
9.
Water containing not more than one-half percent molasses,
10.
Paint sludge recovered from water circulated in paint spray booths,
11.
Water containing lampblack and incidental amounts of mud resulting from floor washing.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(12)).
"Educational institution" means any elementary school, junior high school, high school, university, or other public or private school, giving general academic instruction in the several branches of learning.
(Ord. 177 § 2 (part), 1966: prior code § 9321(E)(1)).
"Explosives" means any explosive substance as defined in Section 12000 of the Health and Safety Code of the state.
(Ord. 177 § 2(part), 1966: prior code § 9321(E)(2)).
"Family" means persons, related by blood, marriage or adoption, living together as a single housekeeping unit in an apartment or dwelling unit. "Family" also includes a group of persons, including roomers unrelated by blood, marriage or adoption, when living together as a single housekeeping unit in a single dwelling unit.
(Ord. 177 § 2(part), 1966: prior code § 9322(F)(1)).
"Gross floor area" means the total horizontal area of all the floors in a building included within the surrounding walls, exclusive of vent shafts and courts.
(Ord. 177 § 2(part), 1966: prior code § 9322(F)(2)).
"Garage" means any building, with not less than three enclosed sides, provided with a closeable access door, which is used, or intended to be used, for automobile shelter or storage.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(1)).
When consistent with the context, words in the masculine gender include the feminine and neuter genders.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(2)).
"Ground level grade" means the average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(3)).
"Gradient" means the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(4)).
"Guesthouse" means living quarters, having no kitchen facilities, located in an accessory building located on the same premises with a main building and occupied solely by members of the family or temporary guests.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(5)).
"Guestroom" means one or more rooms which do not contain cooking facilities and are designed, used, or intended to be used as temporary sleeping accommodations for any person.
(Ord. 177 § 2(part), 1966: prior code § 9332(R)(2)).
"Height" means the same as building height.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(1)).
"Major highway" means a major highway shown as such on the highway plan of the circulation element of the general plan of the city.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(2)).
"Secondary highway" means a secondary highway shown as such on the highway plan of the circulation element of the general plan of the city.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(3)).
"Hog ranch" means any premises where hogs or similar animals are kept or maintained.
(Ord. 177 § 2 (part), 1966: prior code § 9324(H)(4)).
"Home for the aged" means any building, or portion thereof, other than a hospital or a rest home, used and maintained to provide living accommodations, including board, room, or care, for older, ambulatory persons.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(5)).
"Home occupation" means an occupation carried on by an occupant of a dwelling, as a secondary use, in connection with which there is:
A.
No display or storage of goods, wares, merchandise, or stock in trade maintained on the premises; and
B.
Not more than one person regularly employed in such occupation; and
C.
No equipment used in conjunction with such occupation, which emits dust, fumes, noise, odor, etc., which would or could interfere with the peaceful use and enjoyment of adjacent properties; and
D.
Not more than two hundred square feet of the floor space of the dwelling is devoted to such use; and
E.
No appreciable increase of traffic, pedestrian and vehicular, by reason of such occupation; and
F.
No alteration of the structure, nor the use of any signs not otherwise permitted in the zone in which the occupation is located.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(6)).
"Hospital" means an institution staffed and equipped to provide the various types of intensified hospital care, including, but not limited to, short term care in acute medical, surgical and obstetrical services, but does not include the treatment, other than on an emergency, interim basis, of alcoholic or mental patients.
(Ord. 177 § 2 (part), 1966: prior code § 9324(H)(7)).
"Household pet" means any domesticated animal commonly maintained in residence with man.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(8)).
"Junk and salvage yard" means any premises used for the storage or keeping of old, used, or secondhand scrap, ferrous and nonferrous metals, brick and building materials, including roofing and tar paper cloth and clothing, wood and wood products, rubber tires, rope and plastic products, paint, clay and porcelain products, trash and similar materials and includes dismantled machinery, equipment and parts, but does not include any business defined in Section 17.08.055 as an automobile dismantling yard.
(Ord. 286 § 1(part), 1975: Ord. 177 § 2 (part), 1966).
"Kitchen" means any room or space within a building designed, intended to be used, or used, for the cooking or the preparation of food.
(Ord. 177 § 2 (part), 1966: prior code § 9325(K)(1)).
"Landscaping" means the planting and maintenance of some combination of trees, shrubs, vines, ground cover, flowers or lawns. In addition, the combination or design may include natural features such as rock and stone, and structural features, including, but not limited to, fountains, reflecting pools, art works, screens, walls, fences and benches.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(1)).
"Lot" or "parcel of land" means:
A.
A parcel of real property which is shown as a lot on a final subdivision map recorded in the office of the county recorder, pursuant to the provisions of the Subdivision Map Act; or
B.
A parcel of land, the dimensions or boundaries of which are defined by a duly recorded record of survey map; or
C.
A parcel of land shown on an approved lot split map on file in the office of the city clerk and which has at least twenty-five feet of frontage on a street or highway.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(2)).
"Lot area" means the total area, measured in square feet, in a horizontal plane, included within the lot lines of a lot or parcel of land.
(Ord. 177 § 2 (part), 1966: prior code § 9326(L)(3)).
"Corner lot" means a lot or parcel of land situated at the intersection of two or more streets or highways, which streets or highways have an angle of intersection, measured withIn said lot or parcel of land, of not more than one hundred thirty-five degrees.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(4)).
"Lot depth" means the horizontal distance, measured in feet, between the midpoints of the front and rear lot lines.
(Ord. 177 § 2(part), 1966: prior code § 9326 (L)(5)).
"Interior lot" means a lot or parcel of land other than a corner lot.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(6)).
"Key lot" means an interior lot adjoining the rear lot line of a reversed corner lot.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(7)).
"Front lot line" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from the street.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(8)).
"Rear lot line" means a lot line which is parallel to, and most distant from, the front lot line. For a triangular or gore-shaped lot, the rear lot line means a line ten feet in length within the lot, which is parallel to the front lot line, or parallel to the cord of a curved front lot line, located the maximum distance from the front lot line.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(9)).
"Side lot line" means any lot boundary line which is not a front lot line or a rear lot line.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(10)).
"Reversed corner lot" means a corner lot, the side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of said corner lot.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(11)).
"Through lot" means a interior lot having frontage on two streets or highways.
(Ord. 177 § 2 (part), 1966: prior code § 9326(L)(12)).
"Lot width" means the horizontal distance, measured in feet, between the side lot lines measured at right angles to the front lot line at a distance midway between the front and rear lot lines.
(Ord. 177 § 2 (part), 1966: prior code § 9326(L)(13)).
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.366, which pertained to the definition of marijuana and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.367, which pertained to the definition of marijuana cultivation and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.367A, which pertained to the definition of marijuana dispensary and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.368, which pertained to the definition of marijuana processing and derived from Ord. No. 700, adopted January 27, 2016.
"Massage establishment" means 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 giving massages, baths, administration of fomentation, mechanical, electric or magnetic treatments, alcohol rubs or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. A massage establishment shall include a day spa, as that term is defined in Chapter 17.08.
(Ord. No. 660, § 2, 9-12-12)
Editor's note— Per Ord. No. 660, § 2, adopted September 12, 2012, this definition was copied from Section 9.64.010.
"May" is permissive.
(Ord. 177 § 2 (part), 1966: prior code § 9327(M)(1)).
(Ord. No. 660, § 2, 9-12-12)
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.373, which pertained to the definition of medical cannabis and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 716, § 5, adopted December 13, 2017, repealed § 17.08.375, which pertained to the definition of medical clinic and derived from prior code § 9327(M)(2) and Ord. No. 177, 1966.
Editor's note— Ord. No. 700, § 2, adopted January 27, 2016, repealed the former § 17.08.376. The former 17.08.376 pertained to a medical marijuana dispensary definition and derived from Ord. No. 624, adopted May 28, 2008.
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.377, which pertained to the definition of mobile marijuana dispensary and derived from Ord. No. 700, adopted January 27, 2016.
"Lawful nonconforming use of structure" means any use of land, structures or improvements, or any combination thereof, that was lawfully established and in effect at the time the ordinance codified in this title, or any amendment thereto, became effective, but which, due to the application of this title, or any amendment hereto, no longer complies with all of such regulations applicable to the zone in which the use is located.
(Ord. 177 § 2(part), 1966: prior code § 9328(N)(1)).
"Nursery school" means the same as day camp.
(Ord. 177 § 2(part), 1966: prior code § 9328 (N)(2)).
"Nursing and convalescent hospital" means any place or institution which makes provisions for bed care, or for chronic or convalescent care for one or more persons, exclusive of relatives of the operator or owner, who by reason of illness or physical infirmity are unable to properly care for themselves. Alcoholics, drug addicts, persons with mental diseases, persons with communicable diseases, including, but not limited to, contagious tuberculosis, shall not be permitted in a nursing and convalescent hospital.
(Ord. 177 § 2(part), 1966: prior code § 9328 (N)(3)).
"Oath" includes affirmation.
(Ord. 177 § 2(part), 1966: prior code § 9329(O)(1)).
"Open space" means an area other than a required yard area, or driveway, or off-street parking facility, which has no building or structure located therein, except for landscaping and such structures as fences, patios, swimming pools, and other structures used exclusively for recreational purposes.
(Ord. 177 § 2(part), 1966: prior code § 9329(O)(2)).
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.401, which pertained to the definition of operation and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 659, § 2, adopted August 8, 2012, repealed § 17.08.405, which pertained to outdoor advertising structure and derived from prior code § 9329(O)(3); Ord. No. 177, 1966 and Ord. No. 209, 1967).
"Parking space" or "off-street parking space or facilities" means a readily accessible area, not including driveways, ramps, loading or work areas, maintained exclusively for the parking of one automobile.
(Ord. 177 § 2(part), 1966: prior code § 9330(F)(1)).
An operation engaged primarily in providing services involving the care of a person or apparel, such as; shoe repairs, laundry and dry-cleaning, beauty and barbershops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services. This does not include massage parlors, tattooing, piercing and similar services, massage day/health spas, nor funeral services.
(Ord. No. 668, § 2, 3-27-13; Ord. No. 716, § 6, 12-13-17)
"Places of worship" means any facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses (e.g., convent, monastery, nursery, and parsonage) on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by the religious organization, including full-time educational institutions, hospitals, and other potentially related operations (e.g., a recreational camp) are classified according to their respective land use activities.
(Ord. 597 § 3, 2006).
"Person" means any person, firm, corporation, association, club, society, or other organization. The term "person" shall include any owner, manager, proprietor, employee, volunteer or salesperson.
(Ord. 177 § 2(part), 1966: prior code § 9330(F)(2)).
(Ord. No. 700, § 3, 1-27-16)
Editor's note— Ord. No. 700, § 3, adopted January 27, 2016, set out provisions intended for use as § 17.08.403. At the editor's discretion, these provisions have been included as amending § 17.08.415.
"Parks" includes any public parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.
(Ord. 597 § 4, 2006).
When consistent with the context, words in the plural include the singular.
(Ord. 177 § 2 (part), 1966: prior code § 9330(F)(3)).
"Quarry" means sand or gravel pit, rock crushing plant or any plant or apparatus for the manufacture, processing or production of rock, sand or gravel, or the mining, excavating, removing, stockpiling or distribution of rock, sand, gravel, clay, decomposed granite or similar materials; provided, that "quarry" does not include:
A.
The excavation and removal of materials as incidental to the construction of a building or structure for which a building permit has been issued and remains in full force and effect; provided, that such excavation is confined to that necessary for such construction, but in no event shall more than five thousand cubic yards of soil or other excavated material be removed from the premises; nor
B.
Excavation necessary to grading; provided, that such grading is necessary to prepare a site for a lawful use permitted thereon, and for which a grading plan has been issued by city.
The foregoing definition does not include asphalt plants and batching plants.
(Ord. 177 § 2(part), 1966: prior code § 9331(Q)(1)).
The terms quarry, rock crushing, excavating, etc., as used in this section shall include (but not by way of limitation) any processing or production of any rock or rock product (whether natural, excavated, imported, exported, removed, relocated, treated, crushed, re-crushed or otherwise dealt with in any manner) by any machinery operated by any person, firm, government, corporation, whether as owner, lessor, lessee, operator, licensee, or in any other capacity whatsoever, on, in, upon, to, from, or in any other way, involving property over which the city exercises or may exercise licensing and police power regulations of any nature whatsoever.
(Ord. 450 § 3, 1991).
"Recorder" means the recorder of the county.
(Ord. 177 § 2(part), 1966: prior code § 9332(R)(1)).
"Recycling facility" means a center for the collection and/or processing of recyclable materials. Recycling facilities may include: Large collection facilities, large processing facilities, small collection facilities and small processing facilities, as such terms are defined in Section 17.56.080.
(Ord. No. 636, § 2, 6-10-09)
"Residential garage sales" means the sale, trade or exchange of personal property of a type commonly utilized in a personal residence, including, but not limited to, toys, clothing, appliances, furniture, electronic devices, sporting goods, tools and equipment, by a resident of the city either at the resident's place of domicile or upon an adjacent, unimproved parcel of land within the city.
(Ord. 488 § 1, 1994).
"Sanitarium" and "sanatorium" means the same as hospital.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(1)).
Editor's note— Ord. No. 724, § 3, adopted July 25, 2018, repealed § 17.08.436. Former § 17.08.436 pertained to the definition of second unit, residential and derived from Ord. 611 § 3, adopted 2007.
"Shall" is mandatory.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(2)).
"Sign" means any device for visual communication, other than an outdoor advertising structure, including any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interest of any person, business, group or enterprise, relating to goods, services, products and the like produced or available on the premises on which the sign is located.
(Ord. 209 § 2, 1967: Ord. 177 § 2(part), 1966: prior code § 9333(S)(3)).
When consistent with the context, words in the singular number include the plural.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(4)).
"Sloping terrain" means any ground surface having a rate of incline or decline of greater than a ten percent gradient.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(5)).
"Solid fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(6)).
"Solid fill project" means any operation where more than one thousand cubic yards of solid fill materials are deposited for any purpose, including the grading or reclaiming of land.
(Ord. 177 § 2 (part), 1966: prior code § 9333 (S)(7)).
"State" means the state of California.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(8)).
"Story" means 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" means that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. "Story" includes basement.
(Ord. 177 § 2 (part), 1966: prior code § 9333 (S)(9).
"Half story" means a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(10).
"Street" means a public or private way, other than a major highway, secondary highway, or alley, permanently reserved as a primary means of vehicular access to adjoining property.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(11)).
"Structure" means anything constructed or erected which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.
(Ord. 177 § 2(part), 1966: prior code § 9333 (S)(12)).
"Swap meets" means those businesses which rent or lease small areas (one thousand square feet, plus or minus) to retailers as a part of a larger retail area in which several of such small areas are similarly leased to other retailers, the predominant theme of which is to present multioperated sales of new or used goods for a limited number of days per month.
(Ord. 417 § 4, 1987).
When consistent with the context, words used in the present tense include the past and future tenses, and words in the future tense include the present tense.
(Ord. 177 § 2 (part), 1966: prior code § 9334(T)(1)).
"Transfer station" means an area, including any necessary buildings or structures, used for the temporary storage and the salvage of rubbish, garbage or industrial waste.
(Ord. 177 § 2(part), 1966: prior code § 9334(T)(2)).
"Triplex" means the same as three-family dwelling.
(Ord. 177 § 2(part), 1966: prior code § 9334 (T)(3)).
Means a space occupied by a business enterprise(s) located within a building or portion of a building with direct access from the outside or from a common interior accessway intended for use by the general public. A commercial or manufacturing unit shall have the following features: a completely enclosed room or interconnecting rooms with lockable doors to common accessways or the exterior, full walls from the floor to the ceiling, independent cooling and ventilation controls, independent lighting which is controlled within the unit itself.
(Ord. 417 § 1, 1987: Ord. 177 § 2(part), 1966: prior code § 9335(U)(1)).
"Use" means the physical, lawful use and/or occupancy of a building, structure or land.
(Ord. 177 § 2(part), 1966: prior code § 9335(U)(2)).
"Writing" includes any form of message recorded in English and capable of visual comprehension.
(Ord. 177 § 2(part), 1966: prior code § 9336(W)(1)).
"Yard" means an open space on a lot other than a court or open space, which is unoccupied and unobstructed from the ground upward.
(Ord. 177 § 2(part), 1966: prior code § 9337(Y)(1)).
"Front yard" means a yard extending across the full width of the front of a lot. The depth of a required front yard shall be the applicable specified horizontal distance measured between the front lot line, where the front lot line is coterminous with the street line of a fully widened public or private street, or the street line of a future street, and a line parallel thereto, on the lot.
(Ord. 177 § 2(part), 1966: prior code § 9337(Y)(2)).
"Rear yard" means a yard extending across the full width of the rear of a lot. The depth of a required rear yard shall be the applicable specified horizontal distance measured between the rear lot line and a line parallel thereto on the lot.
(Ord. 177 § 2(part), 1966: prior code § 9337(Y)(3)).
"Side yard" means a yard extending from the rear line of the required front yard, or the front lot line where no front yard is required to the front line of the required rear yard, or the rear lot line where no rear yard is required. The width of a required side yard shall be the applicable specified horizontal distance measured between each side lot line and a line parallel thereto on the lot. Where a side yard abuts a street or a future street, the width of such required side yard shall be a specified horizontal distance measured between the side lot line on the street side and a line parallel thereto on the lot.
(Ord. 177 § 2(part), 1966: prior code § 9337(Y)(4)).
08 - DEFINITIONS
For the purpose of carrying out the purpose of this code, the words, phrases and terms included in this title shall have the meaning ascribed to them in this chapter.
(Ord. 177 § 2(part), 1966: prior code § 9316).
"Abut," "adjoining" or "contiguous" means, in reference to real property, two or more lots or parcels of land sharing a common boundary line, or two or more objects in immediate contact with each other.
(Ord. 177 § 2(part), 1966: prior code § 9317(A)(1)).
"Access" means the place, or way, by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use.
(Ord. 177 § 2(part), 1966: prior code § 9317(A)(2)).
"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:
A.
An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
B.
A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(Ord. No. 724, § 2, 7-25-18)
"Accessory use" means use customarily incidental and related to, but clearly subordinate to, a principal use; accessory uses shall be permitted only on the same lot or parcel of land as the principal use; provided, that such accessory uses shall not alter the character of the principal use.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(3)).
"Adjacent" means, in reference to lots, or parcels of land, those lots or parcels of land separated only by an alley, street, highway or recorded easement, or located in close proximity to each other; or, two or more objects that lay near or close to each other.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(4)).
"Alley" means a public or private way, other than a street or highway, permanently reserved as a means of vehicular access to adjacent properties.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(5)).
"Apartment" means one of the dwelling units in an apartment house.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(6)).
"Apartment house" means a building, or a portion of a building, designed or used for occupancy by three or more families, living independently of each other, and containing three or more dwelling units.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(7)).
"Asphalt plant" means a plant for the manufacture of asphalt and asphaltic concrete, including any apparatus or uses incidental to such manufacturing.
(Ord. 177 § 2(part),1966: prior code § 9317(A)(8)).
"Assessor" means the assessor of the county.
(Ord. 177 § 2(part), 1966: prior code § 9317(A)(9)).
"Auto dismantler" means every person who buys any motor vehicle, or parts thereof, as the term "motor vehicle" is defined in the State Vehicle Code, for the purpose of dismantling or disassembling or who dismantles or disassembles any such motor vehicle or parts thereof, whether for the purpose of dealing in any of the parts thereof or using the same for the purpose of reconditioning any other vehicle or parts thereof, or for the purpose of selling or otherwise dealing in materials of such motor vehicles. The terms automobile dismantler and automobile wrecker are synonymous.
(Ord. No. 677, § 2, 5-14-14)
"Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles required to be registered under the Vehicle Code of the state, including the buying, selling or dealing in such vehicles or integral parts or component materials thereof and the storage, sale or salvage of dismantled, partially dismantled, or wrecked, inoperative vehicles. Automobile dismantling does not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or body and fender shop. The terms automobile dismantling yard and automobile wrecking yard are synonymous. Auto dismantling yards are not classified as recycling facilities per the city's definition of "recycling facilities" (IMC Section 17.56.080 Recycling facilities—Definitions).
(Ord. 286 § 1(part), 1975: Ord. 177 § 2(part), 1966).
(Ord. No. 677, § 2, 5-14-14)
"Basement" means that portion of a building which is partly or wholly below finished grade.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(1)).
"Batching plant" means a plant for the manufacture or mixing of concrete, cement, concrete and cement products, including any apparatus and uses incidental to such manufacturing and mixing.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(2)).
"Billboard" means a sign soliciting public support or directing public attention to the sale, lease, hiring or use of any objects, products or service. For purposes of this chapter, a billboard shall not include a sign solely advertising the business located on the premises where such sign is erected and maintained.
(Ord. No. 659, §§ 2, 3, 8-8-12)
"Borrow pit" means the same as quarry.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(3)).
"Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property of any kind.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(4)).
"Accessory building" means a detached, subordinate building, the use of which is customarily incidental to that of the main building, or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(5)).
"Building height" means the vertical distance from the finished grade of the lot to the highest average point of the building or structure.
(Ord. 177 § 2(part), 1966: prior code § 9318(B)(6)).
"Main building" means a building in which is conducted a principal use of the lot or parcel of land upon which it is situated.
(Ord. 177 § 2 (part), 1966: prior code § 9318(B)(7)).
"Carport" means a permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(1)).
"Cellar" means the same as basement.
(Ord. 177 § 2 (part), 1966: prior code § 9319(C)(2)).
"Centerline" means the centerline of any street, highway or alley.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(3)).
"Child care center" means the same as day camp.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(4)).
"City" means the city of Irwindale.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(5)).
A group of medical practitioners working in cooperation and sharing the same facilities.
(Ord. No. 716, § 4, 12-13-17)
"Private club" means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(6)).
"Commission" means the planning commission of the city.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(7)).
"Convalescent home" means the same as nursing and convalescent hospital.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(8)).
"Council" means the city council of the city.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(9)).
"Court" means an open, unoccupied space, bounded on two or more sides by the walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts.
(Ord. 177 § 2(part), 1966: prior code § 9319(C)(10)).
"Dairy" means any premises where one or more bovine animals are kept or maintained for the purpose of producing milk, or dairy products.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(1)).
"Day camp" means a facility with an organized program for the daytime supervision and care of children.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(2)).
"Day spa" means a facility employing licensed trained professionals where visitors can receive a variety of spa treatments during day hours and overnight accommodations are not available. Examples of typical spa services include exfoliation, dermabrasion, balneotherapy, dry brushing, body composition (fat to lean muscle ratio) analysis, massages, chemical peel, clay or mud wrap, facial rejuvenation, reflexology, hydrotherapy, balneotherapy, crenotherapy, thalassotherapy, and body wraps.
(Ord. 608 § 3, 2006).
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.154, which pertained to the definition of delivery and derived from Ord. No. 700, adopted January 27, 2016.
"Detached living quarters" means the same as guesthouse.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(3)).
"Director" means the director of planning for the city, or the city manager, whoever may be designated by the city council to enforce and administer the provisions of this title.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(4)).
"Duplex" means the same as two- family dwelling.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(5)).
"Multiple dwelling" means a building, or portion thereof, designed for occupancy, as living quarters for more than three families, living independently of each other and containing at least three dwelling units.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(6)).
"One-family dwelling" means a building designed or used exclusively, for occupancy by, or as living quarters for, one family.
(Ord. 177 § 2 (part), 1966: prior code § 9320(D) (7)).
"Three-family dwelling" means a building designed or used exclusively for occupancy, as living quarters, by three families and containing not more than three dwelling units.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(9)).
"Two-family dwelling" means a building designed or used exclusively for occupancy, as living quarters, by two families and containing at least two dwelling units.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(8)).
"Dwelling unit" means one or more rooms in a building or portion thereof, designed, and intended to be used, or used, for occupancy by one family, for living and sleeping quarters, and containing only one kitchen.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(10)).
"Inert solid dump" means an area devoted to the disposal of nonwater soluble, non-decomposable, inert solids such as natural earth; rock, sand and gravel; paving fragments; concrete; brick; plaster and plaster products; steel mill slag; glass; and asbestos fibre and products therefrom.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(11)).
"Rubbish and refuse dump" means an area devoted to the disposal of inert solids and/or decomposable, organic refuse and scrap metal, such as:
A.
All materials listed in Section 17.08.195 for inert solid dump;
B.
Street Sweepings.
1.
Small quantities of noxious materials in mixed loads of rubbish,
2.
Metals and metal products, except magnesium and its alloys and salts,
3.
Paper and paper products, including roofing and tar paper,
4.
Cloth and clothing,
5.
Wood and wood products,
6.
Lawn clippings, sod and shrubbery,
7.
Cold ashes received in mixed loads of rubbish,
8.
Manufactured rubber products,
9.
Solid plastic products,
10.
Dry mud cake from oilfield sumps,
11.
Paint sludge received from water circulated paint-spray booths not transported in vacuum tanks,
12.
Oil soaked excelsior or straw used to absorb hydrocarbon oils from wastewater,
13.
Hog manure and hogpen refuse containing substantial quantities of garbage and refuse from hog feeding operations,
14.
Paint in drums from which the major portion of liquids have been removed;
C.
Liquids.
1.
Rotary drilling mud from oilfield drilling operations,
2.
Cleanings from the production tanks (Cleanings from production tanks are defined as the residues removed in the cleaning of tanks used solely for the production and storage of unrefined petroleum. Tank cleanings do not include any substance derived from the cleaning of tanks used in connection with oil refinery wastes or other refined petroleum products.),
3.
Acetylene sludge,
4.
Sludge from automobile washracks and steam cleaning products,
5.
Mud and water from laundries,
6.
Liquid latex waste,
7.
Ceramic, pottery and glaze wastes,
8.
Sludge derived from the softening of water by the lime soda process,
9.
Water containing not more than one-half percent molasses,
10.
Paint sludge recovered from water circulated in paint spray booths,
11.
Water containing lampblack and incidental amounts of mud resulting from floor washing.
(Ord. 177 § 2(part), 1966: prior code § 9320(D)(12)).
"Educational institution" means any elementary school, junior high school, high school, university, or other public or private school, giving general academic instruction in the several branches of learning.
(Ord. 177 § 2 (part), 1966: prior code § 9321(E)(1)).
"Explosives" means any explosive substance as defined in Section 12000 of the Health and Safety Code of the state.
(Ord. 177 § 2(part), 1966: prior code § 9321(E)(2)).
"Family" means persons, related by blood, marriage or adoption, living together as a single housekeeping unit in an apartment or dwelling unit. "Family" also includes a group of persons, including roomers unrelated by blood, marriage or adoption, when living together as a single housekeeping unit in a single dwelling unit.
(Ord. 177 § 2(part), 1966: prior code § 9322(F)(1)).
"Gross floor area" means the total horizontal area of all the floors in a building included within the surrounding walls, exclusive of vent shafts and courts.
(Ord. 177 § 2(part), 1966: prior code § 9322(F)(2)).
"Garage" means any building, with not less than three enclosed sides, provided with a closeable access door, which is used, or intended to be used, for automobile shelter or storage.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(1)).
When consistent with the context, words in the masculine gender include the feminine and neuter genders.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(2)).
"Ground level grade" means the average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(3)).
"Gradient" means the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(4)).
"Guesthouse" means living quarters, having no kitchen facilities, located in an accessory building located on the same premises with a main building and occupied solely by members of the family or temporary guests.
(Ord. 177 § 2(part), 1966: prior code § 9323(G)(5)).
"Guestroom" means one or more rooms which do not contain cooking facilities and are designed, used, or intended to be used as temporary sleeping accommodations for any person.
(Ord. 177 § 2(part), 1966: prior code § 9332(R)(2)).
"Height" means the same as building height.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(1)).
"Major highway" means a major highway shown as such on the highway plan of the circulation element of the general plan of the city.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(2)).
"Secondary highway" means a secondary highway shown as such on the highway plan of the circulation element of the general plan of the city.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(3)).
"Hog ranch" means any premises where hogs or similar animals are kept or maintained.
(Ord. 177 § 2 (part), 1966: prior code § 9324(H)(4)).
"Home for the aged" means any building, or portion thereof, other than a hospital or a rest home, used and maintained to provide living accommodations, including board, room, or care, for older, ambulatory persons.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(5)).
"Home occupation" means an occupation carried on by an occupant of a dwelling, as a secondary use, in connection with which there is:
A.
No display or storage of goods, wares, merchandise, or stock in trade maintained on the premises; and
B.
Not more than one person regularly employed in such occupation; and
C.
No equipment used in conjunction with such occupation, which emits dust, fumes, noise, odor, etc., which would or could interfere with the peaceful use and enjoyment of adjacent properties; and
D.
Not more than two hundred square feet of the floor space of the dwelling is devoted to such use; and
E.
No appreciable increase of traffic, pedestrian and vehicular, by reason of such occupation; and
F.
No alteration of the structure, nor the use of any signs not otherwise permitted in the zone in which the occupation is located.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(6)).
"Hospital" means an institution staffed and equipped to provide the various types of intensified hospital care, including, but not limited to, short term care in acute medical, surgical and obstetrical services, but does not include the treatment, other than on an emergency, interim basis, of alcoholic or mental patients.
(Ord. 177 § 2 (part), 1966: prior code § 9324(H)(7)).
"Household pet" means any domesticated animal commonly maintained in residence with man.
(Ord. 177 § 2(part), 1966: prior code § 9324(H)(8)).
"Junk and salvage yard" means any premises used for the storage or keeping of old, used, or secondhand scrap, ferrous and nonferrous metals, brick and building materials, including roofing and tar paper cloth and clothing, wood and wood products, rubber tires, rope and plastic products, paint, clay and porcelain products, trash and similar materials and includes dismantled machinery, equipment and parts, but does not include any business defined in Section 17.08.055 as an automobile dismantling yard.
(Ord. 286 § 1(part), 1975: Ord. 177 § 2 (part), 1966).
"Kitchen" means any room or space within a building designed, intended to be used, or used, for the cooking or the preparation of food.
(Ord. 177 § 2 (part), 1966: prior code § 9325(K)(1)).
"Landscaping" means the planting and maintenance of some combination of trees, shrubs, vines, ground cover, flowers or lawns. In addition, the combination or design may include natural features such as rock and stone, and structural features, including, but not limited to, fountains, reflecting pools, art works, screens, walls, fences and benches.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(1)).
"Lot" or "parcel of land" means:
A.
A parcel of real property which is shown as a lot on a final subdivision map recorded in the office of the county recorder, pursuant to the provisions of the Subdivision Map Act; or
B.
A parcel of land, the dimensions or boundaries of which are defined by a duly recorded record of survey map; or
C.
A parcel of land shown on an approved lot split map on file in the office of the city clerk and which has at least twenty-five feet of frontage on a street or highway.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(2)).
"Lot area" means the total area, measured in square feet, in a horizontal plane, included within the lot lines of a lot or parcel of land.
(Ord. 177 § 2 (part), 1966: prior code § 9326(L)(3)).
"Corner lot" means a lot or parcel of land situated at the intersection of two or more streets or highways, which streets or highways have an angle of intersection, measured withIn said lot or parcel of land, of not more than one hundred thirty-five degrees.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(4)).
"Lot depth" means the horizontal distance, measured in feet, between the midpoints of the front and rear lot lines.
(Ord. 177 § 2(part), 1966: prior code § 9326 (L)(5)).
"Interior lot" means a lot or parcel of land other than a corner lot.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(6)).
"Key lot" means an interior lot adjoining the rear lot line of a reversed corner lot.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(7)).
"Front lot line" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from the street.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(8)).
"Rear lot line" means a lot line which is parallel to, and most distant from, the front lot line. For a triangular or gore-shaped lot, the rear lot line means a line ten feet in length within the lot, which is parallel to the front lot line, or parallel to the cord of a curved front lot line, located the maximum distance from the front lot line.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(9)).
"Side lot line" means any lot boundary line which is not a front lot line or a rear lot line.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(10)).
"Reversed corner lot" means a corner lot, the side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of said corner lot.
(Ord. 177 § 2(part), 1966: prior code § 9326(L)(11)).
"Through lot" means a interior lot having frontage on two streets or highways.
(Ord. 177 § 2 (part), 1966: prior code § 9326(L)(12)).
"Lot width" means the horizontal distance, measured in feet, between the side lot lines measured at right angles to the front lot line at a distance midway between the front and rear lot lines.
(Ord. 177 § 2 (part), 1966: prior code § 9326(L)(13)).
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.366, which pertained to the definition of marijuana and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.367, which pertained to the definition of marijuana cultivation and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.367A, which pertained to the definition of marijuana dispensary and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.368, which pertained to the definition of marijuana processing and derived from Ord. No. 700, adopted January 27, 2016.
"Massage establishment" means 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 giving massages, baths, administration of fomentation, mechanical, electric or magnetic treatments, alcohol rubs or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. A massage establishment shall include a day spa, as that term is defined in Chapter 17.08.
(Ord. No. 660, § 2, 9-12-12)
Editor's note— Per Ord. No. 660, § 2, adopted September 12, 2012, this definition was copied from Section 9.64.010.
"May" is permissive.
(Ord. 177 § 2 (part), 1966: prior code § 9327(M)(1)).
(Ord. No. 660, § 2, 9-12-12)
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.373, which pertained to the definition of medical cannabis and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 716, § 5, adopted December 13, 2017, repealed § 17.08.375, which pertained to the definition of medical clinic and derived from prior code § 9327(M)(2) and Ord. No. 177, 1966.
Editor's note— Ord. No. 700, § 2, adopted January 27, 2016, repealed the former § 17.08.376. The former 17.08.376 pertained to a medical marijuana dispensary definition and derived from Ord. No. 624, adopted May 28, 2008.
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.377, which pertained to the definition of mobile marijuana dispensary and derived from Ord. No. 700, adopted January 27, 2016.
"Lawful nonconforming use of structure" means any use of land, structures or improvements, or any combination thereof, that was lawfully established and in effect at the time the ordinance codified in this title, or any amendment thereto, became effective, but which, due to the application of this title, or any amendment hereto, no longer complies with all of such regulations applicable to the zone in which the use is located.
(Ord. 177 § 2(part), 1966: prior code § 9328(N)(1)).
"Nursery school" means the same as day camp.
(Ord. 177 § 2(part), 1966: prior code § 9328 (N)(2)).
"Nursing and convalescent hospital" means any place or institution which makes provisions for bed care, or for chronic or convalescent care for one or more persons, exclusive of relatives of the operator or owner, who by reason of illness or physical infirmity are unable to properly care for themselves. Alcoholics, drug addicts, persons with mental diseases, persons with communicable diseases, including, but not limited to, contagious tuberculosis, shall not be permitted in a nursing and convalescent hospital.
(Ord. 177 § 2(part), 1966: prior code § 9328 (N)(3)).
"Oath" includes affirmation.
(Ord. 177 § 2(part), 1966: prior code § 9329(O)(1)).
"Open space" means an area other than a required yard area, or driveway, or off-street parking facility, which has no building or structure located therein, except for landscaping and such structures as fences, patios, swimming pools, and other structures used exclusively for recreational purposes.
(Ord. 177 § 2(part), 1966: prior code § 9329(O)(2)).
Editor's note— Ord. No. 715, § 4, adopted November 8, 2017, repealed § 17.08.401, which pertained to the definition of operation and derived from Ord. No. 700, adopted January 27, 2016.
Editor's note— Ord. No. 659, § 2, adopted August 8, 2012, repealed § 17.08.405, which pertained to outdoor advertising structure and derived from prior code § 9329(O)(3); Ord. No. 177, 1966 and Ord. No. 209, 1967).
"Parking space" or "off-street parking space or facilities" means a readily accessible area, not including driveways, ramps, loading or work areas, maintained exclusively for the parking of one automobile.
(Ord. 177 § 2(part), 1966: prior code § 9330(F)(1)).
An operation engaged primarily in providing services involving the care of a person or apparel, such as; shoe repairs, laundry and dry-cleaning, beauty and barbershops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services. This does not include massage parlors, tattooing, piercing and similar services, massage day/health spas, nor funeral services.
(Ord. No. 668, § 2, 3-27-13; Ord. No. 716, § 6, 12-13-17)
"Places of worship" means any facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses (e.g., convent, monastery, nursery, and parsonage) on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by the religious organization, including full-time educational institutions, hospitals, and other potentially related operations (e.g., a recreational camp) are classified according to their respective land use activities.
(Ord. 597 § 3, 2006).
"Person" means any person, firm, corporation, association, club, society, or other organization. The term "person" shall include any owner, manager, proprietor, employee, volunteer or salesperson.
(Ord. 177 § 2(part), 1966: prior code § 9330(F)(2)).
(Ord. No. 700, § 3, 1-27-16)
Editor's note— Ord. No. 700, § 3, adopted January 27, 2016, set out provisions intended for use as § 17.08.403. At the editor's discretion, these provisions have been included as amending § 17.08.415.
"Parks" includes any public parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.
(Ord. 597 § 4, 2006).
When consistent with the context, words in the plural include the singular.
(Ord. 177 § 2 (part), 1966: prior code § 9330(F)(3)).
"Quarry" means sand or gravel pit, rock crushing plant or any plant or apparatus for the manufacture, processing or production of rock, sand or gravel, or the mining, excavating, removing, stockpiling or distribution of rock, sand, gravel, clay, decomposed granite or similar materials; provided, that "quarry" does not include:
A.
The excavation and removal of materials as incidental to the construction of a building or structure for which a building permit has been issued and remains in full force and effect; provided, that such excavation is confined to that necessary for such construction, but in no event shall more than five thousand cubic yards of soil or other excavated material be removed from the premises; nor
B.
Excavation necessary to grading; provided, that such grading is necessary to prepare a site for a lawful use permitted thereon, and for which a grading plan has been issued by city.
The foregoing definition does not include asphalt plants and batching plants.
(Ord. 177 § 2(part), 1966: prior code § 9331(Q)(1)).
The terms quarry, rock crushing, excavating, etc., as used in this section shall include (but not by way of limitation) any processing or production of any rock or rock product (whether natural, excavated, imported, exported, removed, relocated, treated, crushed, re-crushed or otherwise dealt with in any manner) by any machinery operated by any person, firm, government, corporation, whether as owner, lessor, lessee, operator, licensee, or in any other capacity whatsoever, on, in, upon, to, from, or in any other way, involving property over which the city exercises or may exercise licensing and police power regulations of any nature whatsoever.
(Ord. 450 § 3, 1991).
"Recorder" means the recorder of the county.
(Ord. 177 § 2(part), 1966: prior code § 9332(R)(1)).
"Recycling facility" means a center for the collection and/or processing of recyclable materials. Recycling facilities may include: Large collection facilities, large processing facilities, small collection facilities and small processing facilities, as such terms are defined in Section 17.56.080.
(Ord. No. 636, § 2, 6-10-09)
"Residential garage sales" means the sale, trade or exchange of personal property of a type commonly utilized in a personal residence, including, but not limited to, toys, clothing, appliances, furniture, electronic devices, sporting goods, tools and equipment, by a resident of the city either at the resident's place of domicile or upon an adjacent, unimproved parcel of land within the city.
(Ord. 488 § 1, 1994).
"Sanitarium" and "sanatorium" means the same as hospital.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(1)).
Editor's note— Ord. No. 724, § 3, adopted July 25, 2018, repealed § 17.08.436. Former § 17.08.436 pertained to the definition of second unit, residential and derived from Ord. 611 § 3, adopted 2007.
"Shall" is mandatory.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(2)).
"Sign" means any device for visual communication, other than an outdoor advertising structure, including any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interest of any person, business, group or enterprise, relating to goods, services, products and the like produced or available on the premises on which the sign is located.
(Ord. 209 § 2, 1967: Ord. 177 § 2(part), 1966: prior code § 9333(S)(3)).
When consistent with the context, words in the singular number include the plural.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(4)).
"Sloping terrain" means any ground surface having a rate of incline or decline of greater than a ten percent gradient.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(5)).
"Solid fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(6)).
"Solid fill project" means any operation where more than one thousand cubic yards of solid fill materials are deposited for any purpose, including the grading or reclaiming of land.
(Ord. 177 § 2 (part), 1966: prior code § 9333 (S)(7)).
"State" means the state of California.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(8)).
"Story" means 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" means that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. "Story" includes basement.
(Ord. 177 § 2 (part), 1966: prior code § 9333 (S)(9).
"Half story" means a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(10).
"Street" means a public or private way, other than a major highway, secondary highway, or alley, permanently reserved as a primary means of vehicular access to adjoining property.
(Ord. 177 § 2(part), 1966: prior code § 9333(S)(11)).
"Structure" means anything constructed or erected which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.
(Ord. 177 § 2(part), 1966: prior code § 9333 (S)(12)).
"Swap meets" means those businesses which rent or lease small areas (one thousand square feet, plus or minus) to retailers as a part of a larger retail area in which several of such small areas are similarly leased to other retailers, the predominant theme of which is to present multioperated sales of new or used goods for a limited number of days per month.
(Ord. 417 § 4, 1987).
When consistent with the context, words used in the present tense include the past and future tenses, and words in the future tense include the present tense.
(Ord. 177 § 2 (part), 1966: prior code § 9334(T)(1)).
"Transfer station" means an area, including any necessary buildings or structures, used for the temporary storage and the salvage of rubbish, garbage or industrial waste.
(Ord. 177 § 2(part), 1966: prior code § 9334(T)(2)).
"Triplex" means the same as three-family dwelling.
(Ord. 177 § 2(part), 1966: prior code § 9334 (T)(3)).
Means a space occupied by a business enterprise(s) located within a building or portion of a building with direct access from the outside or from a common interior accessway intended for use by the general public. A commercial or manufacturing unit shall have the following features: a completely enclosed room or interconnecting rooms with lockable doors to common accessways or the exterior, full walls from the floor to the ceiling, independent cooling and ventilation controls, independent lighting which is controlled within the unit itself.
(Ord. 417 § 1, 1987: Ord. 177 § 2(part), 1966: prior code § 9335(U)(1)).
"Use" means the physical, lawful use and/or occupancy of a building, structure or land.
(Ord. 177 § 2(part), 1966: prior code § 9335(U)(2)).
"Writing" includes any form of message recorded in English and capable of visual comprehension.
(Ord. 177 § 2(part), 1966: prior code § 9336(W)(1)).
"Yard" means an open space on a lot other than a court or open space, which is unoccupied and unobstructed from the ground upward.
(Ord. 177 § 2(part), 1966: prior code § 9337(Y)(1)).
"Front yard" means a yard extending across the full width of the front of a lot. The depth of a required front yard shall be the applicable specified horizontal distance measured between the front lot line, where the front lot line is coterminous with the street line of a fully widened public or private street, or the street line of a future street, and a line parallel thereto, on the lot.
(Ord. 177 § 2(part), 1966: prior code § 9337(Y)(2)).
"Rear yard" means a yard extending across the full width of the rear of a lot. The depth of a required rear yard shall be the applicable specified horizontal distance measured between the rear lot line and a line parallel thereto on the lot.
(Ord. 177 § 2(part), 1966: prior code § 9337(Y)(3)).
"Side yard" means a yard extending from the rear line of the required front yard, or the front lot line where no front yard is required to the front line of the required rear yard, or the rear lot line where no rear yard is required. The width of a required side yard shall be the applicable specified horizontal distance measured between each side lot line and a line parallel thereto on the lot. Where a side yard abuts a street or a future street, the width of such required side yard shall be a specified horizontal distance measured between the side lot line on the street side and a line parallel thereto on the lot.
(Ord. 177 § 2(part), 1966: prior code § 9337(Y)(4)).