For the purpose of carrying out the intent of this title, words, phrases, and terms shall be deemed to have the meaning ascribed to them in this chapter. In construing the provisions of this title, specific provisions shall supersede general provisions relating to the same subject, and text shall supersede diagrams relating to the same subject. Words, phrases and terms not defined in this section shall have the meaning commonly or logically associated therewith.

(Prior code § 7280.01)

"Abut" means to physically touch, border upon, or to share a common corner or property line. For the purposes of this title, abutting properties shall include those properties separated by any road, street or highway, except a major highway. (See Figure 19.04.006.)

(Prior code § 7280.02 (part))

"Access drive" means a way or means of approach to provide entrance to a property.

(Prior code § 7280.02 (part))

"Accessory building or structure" means a building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. An accessory building or structure may be erected only after the principal building or structure is established.

(Prior code § 7280.02 (part))

"Accessory facility" means any improvement constructed, installed or established to perform some particular function that is incidental to or facilitates the primary use. (Also see "disposal of nonhazardous oilfield liquid waste and production water.")

(Prior code § 7280.02 (part))

"Accessory use" means a use of land or of a building that is customarily incidental and subordinate to the principal use of the land or building located on the same lot. An accessory use may be established only after the principal use is established.

(Prior code § 7280.02 (part))

"Acre" means a measure of land containing forty-three thousand five hundred sixty (43,560) net square feet.

(Prior code § 7280.02 (part))

"Actual cash value" means current market value as determined by a certified real property appraiser or actual sales price.

(Prior code § 7280.02 (part))

"Agricultural by-product processing" means those facilities engaged in the manufacturing, processing or conversion of agricultural by-products to other products where a minimum of sixty percent (60%) of all source material needed for the process is comprised of agricultural by-products, as determined by the planning director.

(Ord. G-6864 § 2, 2002)

"Agricultural supply services" means those uses which provide accessory support services to other agricultural uses including the following: feed and hay sales, agricultural laboratory services, farm machinery and equipment repair (excluding trucks and other motor vehicles), irrigation equipment sales and repair, equestrian supplies, and similar support services as determined by the planning director.

(Ord. G-6297 § 2, 1996)

"Agricultural trucking facility" means a specialized trucking business wholly devoted to hauling agricultural produce, seed, feed, animals, irrigation pipe and supplies, farm equipment and soil amendments used exclusively in agricultural operations. Back-hauling with nonagricultural goods is permitted, provided that such activities are clearly incidental and accessory to the primary use of hauling agricultural goods and supplies and further provided that there is no on-site storage of back-hauled materials.

(Ord. G-6864 § 3, 2002)

"Private airport" means a private airport or airstrip intended for the sole use of the airport owner and his or her invitees.

(Prior code § 7280.02 (part))

"Public use airport" means a publicly or privately owned airport that offers the use of its facilities to the public without prior notice or special invitation or clearance, and that has been issued a California Airport Permit by the Division of Aeronautics of the California Department of Transportation.

(Prior code § 7280.02 (part))

"Aliquot" means the division or measurement of land in one-half (½) or one-quarter (¼) portions.

(Prior code § 7280.02 (part))

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

(Prior code § 7280.02(part))

"Ambient noise level" means the composite of noise from all sources excluding the alleged offensive noise. In this context, it represents the normal or existing level of environmental noise at a given location for a specified time of the day or night.

(Prior code § 7280.02 (part))

"Amusement park" means an outdoor facility, which may include structures and buildings, where there are various facilities for entertainment, including rides, booths for the conduct of games or sales of items, and buildings for shows and entertainment.

(Prior code § 7280.02 (part))

"Adult animal" means an animal that is either over the age of four (4) months or has been weaned, whichever occurs later.

(Ord. No. G-7821, § 2, 1-27-09)

"Animal shelter" means a facility that acquires, keeps or legally impounds stray, homeless, abandoned or unwanted animals.

(Ord. G-6870 § 2, 2002)

(Ord. No. G-7821, § 3, 1-27-09)

"Apartment" means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other.

(Prior code § 7280.02 (part))

"Approved access" means as defined in Chapter 17.04 of this code.

(Prior code § 7280.02 (part))

"Audible noise" means sound pressure levels having a frequency greater than one hundred twenty-five (125) Hz.

(Prior code § 7280.02 (part))

"Large auto service station" means a retail establishment selling gas and similar motor fuels to the public and may also include retail sales of motor oils, lubricants, travel aids, minor auto accessories, and minor automobile servicing, repairs and maintenance.

(Prior code § 7280.02 (part))

"Small auto service station" means an auto service station where the retail sales of gasoline and similar motor fuels is a secondary use to another commercial establishment, such as, but not limited to, car washes and grocery stores.

(Ord. G-6297 § 3, 1996: Prior code § 7280.02 (part))

"Large bakery" means a commercial enterprise engaged in large-scale production and wholesale marketing of bakery goods, and which may include incidental retail sales.

(Prior code § 7280.02 (part))

"Small bakery" means a retail commercial enterprise engaged in the production of bakery goods intended for retail sale on site and not including any wholesale activities.

(Prior code § 7280.02 (part))

"Bar" means a structure, or part of a structure, used primarily for the sale or dispensing of liquor by the drink.

(Prior code § 7280.02 (part))

"Base district" means a zoning district which includes use, height, bulk, space and development standards for the regulation of development in a particular area (e.g., R-1, C-1, RF).

(Prior code § 7280.02 (part))

"Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year; also referred to as the one hundred (100) year flood, regulatory flood, intermediate regional flood, or original zoning flood.

(Prior code § 7280.02 (part))

"Bed and breakfast inn" means a structure or structures which contain a maximum of five (5) individual sleeping or living units which are rented out to the transient public and in which meals are served to guests.

(Ord. G-5684 § 4, 1991)

"Beverage container recycling collection center" means an accessory use to a shopping center or supermarket which includes a place, mobile unit, reverse vending machine or other device where a certified recycling center accepts one (1) or more types of empty beverage containers from consumers, and pays or provides the redemption value and any applicable redemption bonus for one (1) or more types of empty beverage containers and intended for implementation of the California Beverage Container Recycling and Litter Reduction Act of 1986.

(Ord. G-5684 § 3, 1991: Ord. G-4832 § 2, 1988)

"Bituminous road mix" means a hard surface road paving material complying with the specifications of Section 38 of the January, 1981 California Department of Transportation standards and specifications.

(Prior code § 7280.02 (part))

"Board of supervisors" means the board of supervisors of the county of Kern.

(Prior code § 7280.02 (part))

"Boardinghouse" means a dwelling or part thereof in which lodging is provided by the owner to more than six (6) boarders.

(Ord. G-4832 § 3, 1988: Prior code § 7280.02 (part))

"Building" means any permanent structure built for the support, shelter or enclosure of persons, animals, chattel or property of any kind.

(Prior code § 7280.02 (part))

"Building height" means the vertical distance of a building measured from the average elevation of the finished grade within twenty (20) feet of the structure to the highest point of the roof.

(Prior code § 7280.02 (part))

"Building official" means the Kern County development services agency director or his/her designee.

(Ord. G-5885 § 129, 1993: Prior code § 7280.02 (part))

(Ord. No. G-8035, § 68, 4-20-10)

"Campground" means a plot of ground upon which two (2) or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.

(Prior code § 7280.02 (part))

"Camping trailer": see "travel trailer."

(Prior code § 7280.02 (part))

"Camping unit" means any tent, trailer, cabin, lean-to or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation uses.

(Prior code § 7280.02 (part))

"Car sharing" is a membership based vehicle service available to drivers utilizing a dispersed network of shared vehicles twenty-four (24) hours a day, seven (7) days a week at attended or unattended self-service locations.

(Ord. No. G-8725, § 3, 7-11-17)

"Cargo container" means a large metal box typically used for the shipment of containerized goods.

(Prior code § 7280.02 (part))

"Cattle feedlot" means premises used in the commercial production of beef or dairy cattle where the cattle are kept confined and fed concentrated food for the purposes of fattening the animals for retail or wholesale sale.

(Ord. G-6297 § 4, 1996)

"Cemetery" means an area for burial or entombment of the deceased.

(Prior code § 7280.02 (part))

"Center frequencies" means the geometric mean between the band limits of an octave or one-third (⅓) octave. (An octave is a frequency interval between two (2) sounds whose frequency ratio is two (2), e.g. from seven hundred seven (707) to one thousand four hundred fourteen (1,414) Hz. A one-third (⅓) octave is the frequency interval between two (2) sounds whose frequency ratio is one and one-quarter (1.25), e.g., from one hundred forty-two (142) to one hundred seventy-eight (178) Hz.)

(Prior code § 7280.02 (part))

"Legal centerline" means a line designated by official survey to be the center of a future or existing fully developed easement, street, road or highway, which may or may not coincide with the construction centerline.

(Prior code § 7280.02 (part))

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

(Prior code § 7280.02 (part))

"Club" means an association of persons, whether incorporated or unincorporated, for some common purpose but not including groups organized primarily to render a service carried on as a business.

(Prior code § 7280.02 (part))

"Columbarium" means a structure of vaults lined with recesses for cinerary urns for the ashes of cremated bodies.

(Prior code § 7280.02 (part))

"Combining district" means a zoning district that modifies use, height, bulk, space or other development standards of the base district with which it is combined (e.g., CL, RS).

(Prior code § 7280.02 (part))

"Commercial coach" means a vehicle, without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.

(Prior code § 7280.02 (part))

"Commercial purposes" means the raising or growing of any plant or plant crop; the raising, breeding or training of any animal, bird or fowl; or the providing of a service having profit as the primary aim.

(Prior code § 7280.02 (part))

"Common area" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development, and which may include such complementary structures and improvements as are necessary and appropriate.

(Prior code § 7280.02 (part))

"Common property line" means a lot line shared by two (2) or more properties.

(Prior code § 7280.02 (part))

"Community care facility" means any facility, place or building which is maintained and operated to provide nonmedical residential care, day treatment, adult day care or homefinding agency services for children, adults or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons and abused or neglected children, and as otherwise defined by Section 1502, California Health and Safety Code.

(Ord. G-4832 § 4, 1988: Prior code § 7280.02 (part))

"Community center" means a building used for recreational, social, educational or cultural activities, usually owned and operated by a public or nonprofit group or agency.

(Prior code § 7280.02 (part))

"Community garden" means a collectively gardened area located on a lot or lots owned or leased by a property owner's association, homeowner's association, tenant's association, non-profit organization, public agency, or other entity deemed functionally equivalent by the planning director used for the cultivation of fruits, vegetables, flowers or herbs, other than marijuana, by individuals, either in individual garden plots, or communally, and who have been granted membership rights by an organizational entity which administers the garden.

(Ord. No. G-8226, § 1, 11-8-11)

"Community recreation facility" means a recreational facility, such as a park or swimming pool, including accessory structures, maintained and operated for the benefit of residents of a particular residential development, including an apartment, condominium, townhouse, subdivision or mobilehome park.

(Prior code § 7280.02 (part))

"Community septic disposal system" means a septic disposal system, whether public or privately owned, serving two (2) or more dwelling units, lots, businesses or other separate sources of domestic wastewater.

(Prior code § 7280.02 (part))

"Conditional use" means a use permitted in a particular zoning district only upon showing that such use in a specified district will comply with all the conditions and standards for the location or operation of such use as specified in this title and authorized by the planning commission through the issuance of a conditional use permit.

(Ord. G-6551 § 5, 1998: Prior code § 7280.02 (part))

"Conditional use permit" means a permit issued by the planning commission or other decision-making authority stating that the conditional use meets all conditions set forth in this title and all others established by the planning commission or other decision-making authority.

(Ord. G-6551 § 6, 1998: Prior code § 7280.02 (part))

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial or commercial building on such real property. (See Civil Code Section 783.)

(Prior code § 7280.02 (part))

"Convalescent hospital" means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides twenty-four (24) hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy and doctoring services or a health facility which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.

(Ord. G-4832 § 5, 1988: Prior code § 7280.02 (part))

"Country club" means a land area and buildings containing recreational facilities, clubhouse and usual accessory uses, open only to members and their guests for a membership fee.

(Prior code § 7280.02 (part))

"County" means the county of Kern.

(Prior code § 7280.02 (part))

"County official" means any employee of the county of Kern.

(Prior code § 7280.02 (part))

"Crematory" means a building or structure operated in conjunction with a columbarium, mausoleum, cemetery or mortuary, containing one (1) or more furnaces for the reduction of bodies of deceased persons to cremated remains.

(Prior code § 7280.02 (part))

See "street, cul-de-sac."

(Prior code § 7280.02 (part))

"Day care center" means a public or private enterprise which provides full day care services to thirteen (13) or more children.

(Prior code § 7280.02 (part))

"Large family day care home" means a home which provides family day care to seven (7) to fourteen (14) children located within a detached single-family dwelling.

(Ord. G-6412 § 2, 1997; Prior code § 7280.02 (part))

"Small family day care home" means a home which provides family day care to eight (8) or fewer children, located within a detached single-family dwelling. A small family day care home may provide care for more than six (6) and up to eight (8) children without an additional adult attendant if all of the following conditions are met:

1.

At least two (2) of the children are at least six (6) years of age;

2.

No more than two (2) infants are cared for during any time when more than six (6) children are cared for;

3.

The licensee notifies each parent that the facility is caring for two (2) additional school age children, and that there may be up to seven (7) or eight (8) children in the home at one time;

4.

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

(Ord. G-6412 § 3, 1997; Prior code § 7280.02 (part))

"Dead storage" means the storage of the owner's or occupant's recreational vehicle on the site in such a manner that it is not connected to utilities and is not occupied as living quarters.

(Prior code § 7280.02 (part))

"Decibel" or "dB" means a unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).

(Prior code § 7280.02 (part))