The purpose of this chapter is to provide definitions for unique terms used throughout this title that are technical or specialized in nature. Where any definition in this chapter may conflict with definitions in other titles of the Lemoore municipal code, the definition herein shall prevail for the purposes of this title. If a word is not defined in this chapter, or in other provisions of the Lemoore municipal code, the most common dictionary definition is presumed to be correct. Terms are organized alphabetically. (Ord. 2013-05, 2-6-2014)

   A.   "A" Terms:

    ACCESSORY BUILDING: A detached structure ten (10) square feet in size or greater. Such structures are broken down into one of the following three (3) categories:

      1.   Fully Enclosed: Structures that are enclosed with walls for at least fifty percent (50%) of the perimeter of the building. These include, but are not limited to, garages, greenhouses, pool houses, sunrooms, workshops, storage sheds, barns, windmills, water towers, and other agricultural outbuildings;

      2.   Limited/No Enclosure: Structures that are substantially open on all sides (less than 50 percent of the perimeter is enclosed), including:

         a.   With solid roofs: These include, but are not limited to, carports, solid roofed patio covers and gazebos, and lean-tos and similar agricultural outbuildings with solid roof construction; and

         b.   With substantially open roofs: These include trellis patio covers, arbors, pergolas, and similar structures constructed with a latticelike roof structure. For purposes of this definition "substantially open" shall mean a minimum of fifty percent (50%) of the covered area is open to light and air.

   ACCESSORY STRUCTURE: A detached structure or building which is subordinate to, and the use of which is subordinate to, and whose use is customarily incidental to, that of the main building, structure, or use on the same or attached/adjacent lot. Accessory structures include accessory buildings, landscape features, pool/spas, deck, and play equipment.

   ACCESSORY USE: A land use that is in addition to, secondary and incidental to, and commonly associated with the primary use.

   ADMINISTRATIVE DECISIONS: Decisions that require limited interpretation or exercise of policy or legal judgment in evaluating approval criteria because the decision is made according to specific criteria where little to no discretion is involved. Examples include zoning clearance as part of an application for a building permit.

   ADMINISTRATIVE USE PERMIT: See definition of Use Permit.

   AFFORDABLE RENT: Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low or lower income households, not exceeding the following calculations:

      1   .Very low income: Fifty percent (50%) of the area median income for Kings County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12).

      2.   Lower income: Eighty percent (80%) of the area median income for Kings County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12).

   AFFORDABLE SALES PRICE: A sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the development.

   ANTENNA: Any system of wires, poles, rods, reflecting disks, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure, or is portable or movable. Antennas shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

   ANTENNA, AMATEUR RADIO: Any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the federal communications commission.

   ANTENNA, BUILDING MOUNTED: Any antenna directly attached or affixed to a building, tank, tower, or other structure. Building mounted antennas are identified in two (2) distinct categories herein as follows:

      1.   Wall mounted: Attached or affixed to the elevation of the structure; and

      2.   Roof mounted: Attached or affixed to the rooftop or top of the structure.

   ANTENNA, DIRECTIONAL (Also Known As A PANEL ANTENNA): An antenna that transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty degrees (360°).

   ANTENNA, GROUND MOUNTED: Any antenna with its base (either single or multiple posts) placed directly on the ground or a mast twelve feet (12') or less in height and six inches (6") in diameter.

   ANTENNA, PARABOLIC (Also Known As SATELLITE DISH ANTENNA): Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl, or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern from orbiting satellites or ground transmitters. This definition is meant to include what are commonly referred to as television receive only (TVRO) and satellite microwave antennas.

   APPEAL AUTHORITY: The identified authority is the designated appeal authority for the application in the event that an appeal is filed pursuant to section 9-2A-8, "Appeals", of this title.

   APPLICANT: The owner(s) or proponent(s) with a controlling interest in the proposed project and any successors in interest.

   ARCADE: A continuously covered public space open on the sides, except for structural columns or piers, adjacent to and extending along the facade of a building. The space may be located between the facade and a sidewalk or another public space, or it may replace a sidewalk along a private street where no building setback is present.

   B.   "B" Terms:

    BASE ZONING DISTRICT: The primary zoning district that applies to a property as listed in chapter 3, "Zoning Districts And Map", of this title.

   BUILD-TO LINE: A distance dimension that delineates the maximum distance from the property line that a front or street side building facade can be placed. A distance other than the number listed is not allowed.

   BUILDING: Any structure having a roof, columns, walls, and foundation.

   BUILDING HEIGHT: The vertical distance from the ground to the highest point on the structure. See section 9-5A-2, "Height Limits Measurement And Exceptions", of this title for an explanation of how to determine height.

   BUILDING OFFICIAL: The chief building official of the city of Lemoore.

   C.   "C" Terms:

    CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): Section 21000 et seq., as amended, of the California Public Resources Code.

   CHILDCARE FACILITY: A facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to, infant centers, preschools, extended daycare facilities, school age childcare centers, or family daycare homes as defined in this title.

   CITY: The city of Lemoore, California.

   CITY COUNCIL: The city council of the city of Lemoore, which is the legislative body of the city and which has those duties as provided in chapters 1 and 2 of this title.

   CITY ENGINEER: The city engineer of the city of Lemoore.

   CITY MANAGER: The city manager of the city of Lemoore.

   CITY PROPERTY: Land or other property in which the city of Lemoore holds a present right of possession and control, plus all public rights of way, plus public parks, regardless of ownership. Schools, even if publicly owned or operated, are not within this definition.

   CLEAR VISIBILITY AREA: A triangular shaped area on corner lots or where driveways exit onto public streets. This area shall be kept unobstructed by any structure or landscape between thirty inches (30") and seven feet (7') above the surface of the public sidewalk as follows:

      1.   At any corner formed by the intersection of a driveway/alley and street, the cross visibility area shall be a triangle having two (2) sides ten feet (10') long and running along the driveway/alley edge and curb line of street, said length beginning at their intersection and the third side formed by a line connecting the two (2) ends.

      2.   At any corner formed by the intersecting streets, the cross visibility area shall be a triangle having two (2) sides thirty feet (30') long and running along each curb line, said length beginning at their intersection and the third side formed by a line connecting the two (2) ends.

   FIGURE 9-12-2-3

   CLEAR VISIBILITY AREA

    COLLOCATION: A wireless communication facility owned and operated by a communication service provider which is located on the same tower, building, accessory structure, or property as another communication facility owned or operated by a different communication service provider.

   COMMERCIAL VEHICLE: A motor vehicle used for commercial, industrial, or agricultural purposes and rated more than one ton capacity. Examples of commercial use vehicles include, but are not limited to, tow trucks, flatbed trucks, mobile food preparation vehicles including large trucks converted to food vehicles (e.g., ice cream truck), street sweepers, buses, utility trucks with hydraulic arms or lifts, and tractors and semitrailers, etc.

   COMMISSARY: A food facility approved by the Kings County public health department that services mobile food vehicles where any of the following occur: 1) food, containers or supplies are stored, 2) food is prepared or prepackaged for sale or service at other locations, 3) utensils are cleaned, and/or 4) liquid and solid wastes are disposed of or potable water is obtained.

   COMMON INTEREST DEVELOPMENT: As defined in California Civil Code section 1351, means any of the following:

      1.   A community apartment project;

      2.   A condominium project;

      3.   A planned development; and

      4.   A stock cooperative.

   COMMUNITY APARTMENT PROJECT: A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

   COMMUNITY NOISE EQUIVALENT LEVEL (CNEL): Weighted average of sound levels gathered throughout a twenty four (24) hour period.

   CONCERTINA WIRE: A type of barbed wire or razor wire that is formed into large coils that usually sit atop another type of fencing.

   CONDITIONAL USE PERMIT: See definition of Use Permit.

   CONDITIONS OF APPROVAL: Those conditions placed on the approval of a planning permit or entitlement that are reasonable and necessary in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

   CONDOMINIUM PROJECT: A development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to: 1) boundaries described in the recorded final map, parcel map, or condominium plan, 2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, 3) an entire structure containing one or more units, or 4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.

   CUSTOM HOME: A home whose floor plan is only used once in a subdivision.

   D.   "D" Terms:

    DECK: An exterior floor supported by posts, piers, or other independent supports. As an accessory structure, a deck is not attached by an adjacent structure (e.g., dwelling).

   DENSITY BONUS: A density increase over the otherwise maximum allowable residential density under the applicable zoning district and the land use element of the general plan.

   DENSITY BONUS HOUSING AGREEMENT: A legally binding agreement between a developer and the city to ensure that the requirements of this title are satisfied.

   DENSITY BONUS UNITS: Those residential units granted pursuant to the provisions of this title which exceed the otherwise maximum residential density for the development site.

   DEVELOPED SITE: A site that has paved concrete or asphalt parking surfaces and paved ingress and egress as well as landscaping that meets city standards.

   DEVELOPMENT: A proposed or already constructed building or group of buildings.

   DEVELOPMENT AGREEMENT: An agreement between the city and a property owner and/or developer for purposes of modifying development rules, regulations, and policies governing permitted uses of land and density, and governing design, improvements, construction standards and specifications, and phasing applicable to development of the property involved in the agreement as provided in sections 65864 through 65869.5, as amended, of the California Government Code.

   DISTRICT OR ZONE: A portion of the city within which certain uses of land and buildings are permitted or prohibited, certain yards and other open spaces are required, and certain height limits are established for buildings.

   E.   "E" Terms:

    ELECTROMAGNETIC: An electrical wave propagated by an electrostatic and magnetic field of varying intensity.

   EQUIVALENT FINANCIAL INCENTIVE: A monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following:

      1.   A density bonus and an incentive(s); or

      2.   A density bonus, where an incentive(s) is not requested or is determined to be unnecessary.

   ESTABLISHMENT: Any nonresidential use of land involving structures, as defined in the building code, and the presence of human beings during normal hours of operation. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices, and libraries, but does not include power transformer or other utility facilities at which human beings are usually not present.

   F.   "F" Terms:

    FENCE AND/OR WALL: A vertical structure used to prevent the passage of people and animals or obstruct views, air, or light. This does not include structures or portions of structures designed to support a roof, awning, or other horizontal structure, such as the wall of a building. Wing walls or other extensions of a building wall that do not support the building shall be included in the definition of a fence for purposes of this title.

   FINAL AUTHORITY: The identified authority is the designated approving authority for the application.

   FLOOR AREA RATIO (FAR): The ratio between gross floor area of the primary structure(s) on a site and gross site area. It includes all occupiable floors of a building, making it a three- dimensional unit of measure. For example, a multi-story building with a total floor area of one hundred thousand (100,000) square feet on a fifty thousand (50,000) square foot lot will have a FAR of 2.0.

   FOOT-CANDLE: A unit of illumination produced on a surface, all points of which are one foot (1') from a uniform point of one candle.

   FORM BASED ZONING: Provides a method of regulating development to achieve a desired urban form characterized by a uniform street and circulation system, building typologies, and street frontage requirements. Form based provisions address the relationship between building facades and the public realm (e.g., streets and sidewalks), the form and mass of buildings, and the size, character, and type of streets and blocks.

   FULL SHIELDING: A technique or method of construction where the fixture completely conceals and recesses the light source from all viewing positions except those positions permitted to receive illumination.

   G.   "G" Terms:

    GARDEN STRUCTURE: A detached decorative structure that is placed outside of any other structure. Such features are sometimes used in conjunction with plant materials for aesthetic enhancement. This definition includes trellises and vertical lattice structures less than ten (10) square feet in size, statues, fountains/water features, and similar features.

   GENERAL PLAN AMENDMENT: A planning process for approving an amendment to the general plan of the city of Lemoore, including the land use map.

   GLARE: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.

   GRADE: The lowest point of elevation of the finished surface of the ground.

   GRADE, EXISTING: The natural grade in place prior to the preparation of property for development.

   GRADE, FINISH: The final contour of the ground surface of a site that conforms to the approved grading plan.

   H.   "H" Terms:

    HOME OCCUPATION PERMIT: A permit for the operation of a home occupation.

   HOUSING COST: The sum of actual or projected monthly payments for all of the following associated with for sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. Adjustments should be made as necessary for down payment assistance.

   HOUSING DEVELOPMENT: One or more groups of projects for residential units planned for construction in the city. It includes a subdivision or common interest development as defined in section 4000 et seq., of the California Civil Code, residential units or unimproved residential lots, the rehabilitation of existing multi-family dwellings where the rehabilitation would result in a net increase in available units, and the conversion and rehabilitation of an existing commercial building to residential use.

   I.   "I" Terms:

    INCENTIVE AND CONCESSION: Such regulatory concessions as specified in subdivision (I) of Government Code section 65915 which include, but are not limited to, the following:

      1.   The reduction of site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California building standards commission including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable financially sufficient and actual cost reductions;

      2.   Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located;

      3.   Direct financial assistance; and/or

      4.   Other regulatory incentives or concessions which result in identifiable cost reductions or avoidance.

   J.   "J" Terms: Reserved for future use.

   K.   "K" Terms:

    KITCHEN: A room or space within a building used or intended to be used for the cooking or preparation of food, which includes at a minimum:

      1.   A stove, oven, range top, or provisions for future installation of a stove, oven, or range top including a two hundred twenty (220) volt outlet or gas piping stub-out; and

      2.   At least one of the following:

         a.   A dishwasher, or

         b.   A kitchen sink that meets the definition of a "kitchen, domestic sink" with a drainage fixture unit value of two (2.0) as described in the California plumbing code, as now existing or hereafter amended. A microwave alone shall not constitute a stove, oven, or range top for the purposes of this definition.

   L.   "L" Terms:

    LANDSCAPE WALL: A wall of stone, brick, block, wood, or similar material used to retain soil for purposes of creating a landscape area raised above the finish grade of the lot. A landscape wall does not function as a "retaining wall" as defined by this title.

   LEGISLATIVE DECISIONS: Decisions that must be made by the city council. Legislative land use decisions apply to the general population and prescribe policy and require the greatest amount of discretion and evaluation of subjective approval criteria. A public hearing is required.

   LIGHT POLLUTION: Artificial light that causes a detrimental effect on the environment, astronomical research, or enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent property.

   LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

   LOT: A parcel of land shown on a subdivision map, parcel map, certificate of compliance, or a record of survey map or described by metes and bounds and recorded in the office of the county recorder of Kings County; a part of a single parcel of land when such part is used as though a separate lot for all purposes and under all of the requirements of this title; and includes two (2) or more abutting lots when combined and used as though a single lot. Types of lots include the following (see figure 9-12-2-4 of this definition):

   Lot, Corner: A lot situated at the intersection of two (2) or more public streets having an angle of intersection of not more than one hundred thirty five degrees (135°).

   Lot, Double Frontage: A lot having a frontage on two (2) parallel or approximately parallel streets.

   Lot, Flag Or Corridor: A parcel of land shaped like a flag; the staff (access corridor) is a narrow strip of land providing vehicular and pedestrian access to the street with the bulk of the property lying to the rear of other lots.

   Lot, Interior: A lot other than a corner lot or reverse corner lot.

   Lot, Key: The first lot to the side of a reversed corner lot, whether or not separated by an alley.

   Lot, Loop Out: A lot along the outside curve (or knuckle) of two (2) intersecting streets where one street curves into another to form a two-way intersection.

   Lot, Reverse Corner: A corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears.

   FIGURE 9-12-2-4

   LOT TYPES

    LOT COVERAGE: That portion of a lot or building site which is occupied by any building or structure, including uncovered paved areas, walks, and swimming pools, regardless of whether said building or structure is intended for human occupancy. It is a ratio or percentage of the site encumbered by structures that only looks at the footprint of structures relative to the lot, making it a two-dimensional unit of measure.

   LOT DEPTH: The horizontal distance between the front and rear lot lines measured on the longitudinal centerline.

   LOT FRONTAGE: The portion of a property that abuts one side of a public street which allows access to the property.

   LOT LINE, FRONT: In the case of an interior lot, a line separating the lot from the street; in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street. In the case of a flag lot, it shall be the property line that abuts the access corridor (see figure 9-12-2-5 of this definition).

   FIGURE 9-12-2-5

   FLAG LOT

   FIGURE 9-12-2-6

   CUL-DE-SAC, ELBOW, AND SIMILAR LOTS

    LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line and, in case of an irregular, triangular, or gore shaped lot, a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line (see figure 9-12-2-7 of this definition).

   FIGURE 9-12-2-7

   IRREGULAR AND CONVERGING LOTS

    LOT LINE, SIDE: Any lot boundary line not a front lot line or a rear lot line.

   LOT LINE, STREET SIDE: A side lot line that abuts a public street.

   LOT WIDTH: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

   LOWER INCOME HOUSEHOLD: Households whose income does not exceed the lower income limits applicable to Kings County (less than 80 percent of median adjusted for household), as published and periodically updated by the state department of housing and community development pursuant to Health And Safety Code section 50079.5.

   LUMINAIRE: A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts. The pole, post, or bracket is not considered a part of the luminaire.

   M.   "M" Terms:

    MASTER HOME PLAN: A home plan where the plan/home is being used multiple times within a single subdivision. Includes all variants of the same (or mirrored) floor plan where the exterior design has been altered to reflect a different architectural style but the interior floor plans are substantially the same.

   MAXIMUM RESIDENTIAL DENSITY: The maximum number of residential units permitted by the city's general plan land use element and the applicable zoning district at the time of application.

   MINOR DEVIATION: A planning permit allowing flexibility in project design with regard to specific development standards by allowing deviations not to exceed ten percent (10%) in building height, setback, lot coverage, and parking.

   MODERATE INCOME HOUSEHOLD: Households whose income does not exceed the moderate income limits applicable to Kings County (80 to 120 percent of median adjusted for household), as published and periodically updated by the state department of housing and community development pursuant to Health And Safety Code section 50093.

   N.   "N" Terms:

    NOISE: Sound of any kind.

   NONCONFORMING STRUCTURE: A structure (including signs) which is not permitted under the provisions of this title (or any amendments thereto) but was legally in place, with licenses and permits in current status, at the effective date of the ordinance codified in this chapter or any subsequent ordinance.

   NONCONFORMING USE: A use which is not permitted under the provisions of this title (or any amendments thereto) but was legally in place, with licenses and permits in current status, at the effective date of the ordinance codified in this chapter or any subsequent ordinance.

   NONIONIZING ELECTROMAGNETIC RADIATION (NIER): Electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum.

   NONRESTRICTED UNIT: All units within a housing development excluding the target units.

   O.   "O" Terms:

    ODOR: Fumes emitted that are perceptible without instruments by a reasonable person at the lot line of the site.

   OFFICIAL ZONING INTERPRETATION: The process for clarification of ambiguity in the regulations of this title in order to provide consistent interpretation and application. See section 9-2B-8, "Official Zoning Interpretation", of this title.

   OPEN VIEW FENCING: Fencing that does not create a solid visual barrier, such as wrought iron or tubular steel.

   OVERLAY ZONING DISTRICT: That/those supplemental zoning district(s) that apply to a property in addition to the base zoning district as listed in chapter 3, "Zoning Districts And Map", of this title.

   P.   "P" Terms:

    PARKING FACILITY: A public or shared parking lot.

   PARTICULATE MATTER AND AIR CONTAMINANTS: Smoke, sulfur compounds, dust, soot, carbon, noxious acids, gases, mist, odors, or particulate matter, or other air contaminants or combination which exceed any local, state, or federal air quality standards or which might be obnoxious or offensive to anyone residing or conducting business either on site or abutting the subject site. Particulate matter shall not be discharged into the atmosphere in excess of the standards of the federal environmental protection agency, the California air resources board, or the San Joaquin Valley air pollution control district.

   PASEO: A public space that is located within a block's interior and that connects two (2) streets that are parallel or within forty five degrees (45°) of being parallel to each other.

   PEDESTRIAN PATHWAYS: The infrastructure that provides a safe pedestrian circulation system throughout the development site that minimizes the conflict between pedestrians and vehicular traffic at all points, including parking areas and building access points.

   PERSONS AND FAMILIES OF MODERATE INCOME: Households whose income does not exceed the moderate limits applicable to Kings County (80 to 120 percent of median adjusted for household), as published and periodically updated by the state department of housing and community development pursuant to section 50093 of the California Health And Safety Code.

   PLANNED DEVELOPMENT: A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

      1.   he common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

      2.    power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with section 4000 et seq., of the Civil Code.

   PLANNED UNIT DEVELOPMENT: A planning process for the review of development looking at the diversity in the relationship between buildings and open spaces.

   PLANNING AGENCY: The planning agency of the city of Lemoore as required by section 65100 of the California Government Code, including the planning director, city manager, planning commission, and city council.

   PLANNING COMMISSION: Pursuant to section 65101 of the California Government Code, the planning commission of the city of Lemoore as established in title 2, chapter 1 of the municipal code and assigned the duties as provided in chapters 1 and 2 of this title.

   PLANNING DIRECTOR: The planning director of the city of Lemoore, who oversees, manages, and directs the efforts of the planning department.

   PLAY EQUIPMENT: Any structure used for recreational purposes including play structures, jungle gyms, and swings, as defined in the California building code.

   POOL/SPA: As defined in the city adopted building code, any structure intended for swimming or recreational bathing that contains water over eighteen inches (18") deep. This includes inground, aboveground, and onground swimming pools, hot tubs, and spas. Also includes incidental equipment and housing (e.g., pumps, heating equipment, etc.).

   PREPARED FOOD: Food sold at retail that, prior to such sale, is washed, cooked, or combined or otherwise prepared at the vending facility.

   PREZONING: A zoning designation, formally adopted by the city, that applies to property outside of the existing limits in advance of annexation of the area into the city. The zoning districts applied through a prezoning do not take effect until the annexation is approved and recorded by the Kings County local agency formation commission.

   PRIMARY BUILDING FRONTAGE: The building frontage that faces the street. In cases where a building has more than one street frontage, or where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage.

   PRIMARY USE: The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur. A site may have more than one primary use.

   PROPERTY LINE: See definitions of Lot Line.

   PUBLIC FORUM: Public parks, sidewalks which are connected to the city's main pedestrian circulation system, and the pedestrian area immediately surrounding city hall (not including the interior thereof). In consultation with the city attorney, the city shall interpret this phrase in light of relevant court decisions.

   PUBLIC HEARING: A meeting held by the designated approving authority (i.e., the planning commission or city council) that is open to the public and at which the approving authority transparently deliberates a planning permit or entitlement and accepts testimony from the public as required by the provisions of this title or state statute.

   Q.   "Q" Terms:

    QUALIFYING HOUSING DEVELOPMENT: A housing development where the applicant or developer of the housing development agrees to provide one or more of the following:

      1.   At least ten percent (10%) of the total units of the housing development as target units affordable to lower income households;

      2.   At least five percent (5%) of the total units of the housing development as target units affordable to very low income households;

      3.   At least ten percent (10%) of the total dwelling units in a common interest development project 1 or in a planned development 2 for persons of moderate income; or

      4.   Senior citizen housing.

   QUALIFYING SENIOR RESIDENT: Senior citizens or other persons eligible to reside in a senior citizen housing development.

   QUASI-JUDICIAL DECISIONS: Decisions typically involving some level of discretion or policy determination on the part of the approving authority's action and involve making a set of findings as part of the approval process. A public hearing is held, evidence is weighed, and conclusions are drawn. The approving authority uses this information as the basis for their decision.

   R.   "R" Terms:

    REASONABLE ACCOMMODATION: As required by law, means a planning permit that provides a process for individuals with disabilities to make requests for reasonable accommodation for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the city.

   RECOMMENDING AUTHORITY: The identified authority makes a recommendation on the application to another body.

   RECREATIONAL VEHICLE (RV): Means and includes the following:

      BUS: A motor vehicle designed for carrying more than ten persons including the driver and used or maintained for the transportation of passengers.

      WATERCRAFT: A boat or other vessel that travels on water, including but not limited to, boats, jet skis, wave runners, or any other similar personal watercraft or vessel.

   RETAINING WALL: A wall constructed as part of the development of the site through the issuance of a grading permit or as part of a roadway improvement project that is designed and engineered to retain soil for purposes of soil stabilization.

   REZONING: A planning permit that changes the zoning designation on a piece of property within the city as recorded on the zoning map.

   RIGHT OF WAY LINE: The future right of way line or plan lines of any highway or street as shown on the current circulation plan of the city's general plan.

   ROOFLINE: Either the top of a parapet of a building or, in the case of a building with a shed roof, the bottom of the eave.

   S.   "S" Terms:

   SATELLITE EARTH STATION: A facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.

   SENIOR CITIZEN HOUSING DEVELOPMENT: A residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty five (35) dwelling units and complies with the requirements of section 51.3 of the California Civil Code.

   SETBACK: The minimum distance between a structure and a property line of the lot, measured at a right angle from the designated property line.

   SHIELDING: A technique or method of construction to block the light from illuminating certain distant surfaces.

   SIMILAR USE DETERMINATION: A formal action to determine whether or not a proposed use is similar to a permitted or conditionally permitted use and whether such proposed use may be permitted in a particular zoning district. See section 9-2B-7, "Similar Use Determination", of this title.

   SITE PLAN AND ARCHITECTURAL REVIEW: That process for the review of the design and layout of new development in the city to ensure that it is consistent with the regulations of this title and will not result in a detriment to the city or the environment.

   SPECIAL NEEDS POPULATION: Persons identified as having special needs related to any of the following:

      1.   Mental health;

      2.   Physical disabilities;

      3.   Developmental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, and autism;

      4.   The risk of homelessness; or

   Persons eligible for mental health services funded in whole or in part by the mental health services fund, created by section 5890 of the Welfare And Institutions Code.

   SPECIFIC PLAN: A specific plan for the implementation of the city's general plan as provided in section 65450 of the California Government Code.

   STOCK COOPERATIVE: A development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners' interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (f) of section 25100 of the Corporations Code. A "stock cooperative" includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of section 817 of the Civil Code.

   STRUCTURE: Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. Examples include, but are not limited to, buildings, fences and walls, pools, patio covers, decks, and signs. All buildings are considered structures but not all structures are considered buildings.

   T. "T" Terms:

    TARGET UNIT: A dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low or lower income households or qualifying senior residents.

   TEMPORARY USE: A use established for a limited time with the intent to discontinue the use upon expiration of the time period.

   TEMPORARY USE PERMIT: An administrative permit, issued by the city, for qualifying short term activities.

   TITLE: This title of the city of Lemoore municipal code.

   TOWER: A mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. This definition includes ground mounted structures twelve feet (12') or greater in height and building mounted structures that extend above the roofline, parapet wall, or other roof screen with a mast greater than six inches (6") in diameter.

   TRAILER: An unpowered vehicle pulled by a powered vehicle. Commonly, the term trailer refers to such vehicles used for transport of goods and materials. Travel trailers are considered recreational vehicles.

   TREE PERMIT FOR TREES ON PRIVATE PROPERTY: A permit issued by the city authorizing the removal, relocation, or topping of those trees specific in this title that are on private property.

   U.   "U" Terms:

    USE: The purpose for which land or a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained.

   USE PERMIT: A planning permit issued by the city for the establishment of a specific use of land within the city. In approving the use permit, the city may establish reasonable conditions on the use. There are two (2) types of use permits: administrative use permits, which are reviewed and decided by the planning director, and conditional use permits, which are reviewed and decided by the planning commission.

   V.   "V" Terms:

    VARIANCE: A planning permit that approves, based on a quasi-judicial decision that meets findings, exceptions to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts.

   VERY LOW INCOME HOUSEHOLD: Households whose income does not exceed the very low income limits applicable to Kings County (less than 50 percent of area median income adjusted for household), as published and periodically updated by the state department of housing and community development pursuant to section 50105 of the California Health And Safety Code.

   VESSEL: Watercraft used or capable of being used as a means of transportation on water.

   W.   "W" Terms: Reserved for future use.

   X.   "X" Terms: Reserved for future use.

   Y.   "Y" Terms:

    YARD: An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. Types of yards include the following:

   Yard, Front: Front yard shall mean a yard extending across the full width of the lot between the front of the main building and the front lot line. The depth of the required front yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the front lot line.

   Yard, Rear: Rear yard shall mean a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line.

   Yard, Side: Side yard shall mean a yard, between a building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the closest building.

   Yard, Side Street: Street side yard shall mean a yard, between a building and the side lot line adjacent to the street right of way, extending from the front yard to the rear yard. The depth of the required side street yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the side lot line adjacent to the street.

   YARD AREA, ACTUAL: The area of a lot that is unencumbered by structures.

   YARD AREA, REQUIRED: The required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard pursuant to chapter 5, article B, "Development Standards By Zoning District", of this title.

   FIGURE 9-12-2-8

   ACTUAL AND REQUIRED YARD AREA

   Z.   "Z" Terms:

    ZONING CLEARANCE: An administrative process, completed as part of the building permit review or similar administrative permit issuance that ensures the proposed activity or construction is consistent with applicable sections and standards of this title. See section 9-2B-3, "Zoning Clearance", of this title for more information.

   ZONING CODE: This title of the city of Lemoore municipal code.

   ZONING CODE AMENDMENT: A planning process for approving an amendment to this title consistent with the city's general plan and/or specific plans.

   ZONING MAP: The map identifying the designations, locations, and boundaries of the zoning districts established by this title. This map and all notations and information on it are a part of this title by reference.

(Ord. 2013-05, 2-6-2014; amd. Ord. 2024-07, 12-3-2024)