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Livingston City Zoning Code

CHAPTER 2

USE CLASSIFICATIONS

§ 5-2-1 APPLICABILITY.

   A use classification describes a land use or activity that may be appropriately included within that zoning district. The Planning Director may determine that a specific use is or is not within a use classification, whether or not it is named, and if its operational characteristics are substantially compatible or incompatible with those uses named within the classification.
(Ord. 533, passed 8-16-2005)

§ 5-2-2 RESIDENTIAL.

   (A)   Apartment house. A building or portion thereof other than a hotel or motel, designed and/or used to house three or more households, living independently of each other.
   (B)   Daycare, residential. The nonmedical care and supervision of eight or fewer persons on a less than 24-hour a day basis. The use includes childcare operations.
   (C)   Dwelling, duplex (two-family). A building containing exclusively two dwelling units under a common roof, designed and/or used as separate living units.
   (D)   Dwelling, multiple-family. A building or portion thereof containing three or more separate dwelling units, including apartments and flats, but excluding, boarding houses, motels, mobilehome parks and hotels.
   (E)   Dwelling, single-family. A building containing exclusively one dwelling unit that may include one or more habitable rooms designed for living and sleeping purposes.
   (F)   Dwelling unit, accessory. An attached or 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 or multi- family dwelling is or will be situated. An accessory dwelling unit also includes:
      1.   An efficiency unit; and
      2.    A manufactured home.
   (G)   Dwelling unit, junior accessory. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate facilities, or may share sanitation facilities within the existing structure.
   (H)   Home occupation. A commercial enterprise that is clearly incidental and secondary to the residential use of a property, and defined herein.
   (I)   Housing, boarding. A building, other than a hotel, or where meals or lodging or both are provided for compensation.
   (J)   Housing, farm labor. Premises used for residential purposes for temporary or seasonal periods by six or less unrelated persons employed to perform agricultural labor.
   (K)   Housing, transitional. Housing containing sleeping, kitchen and bathroom facilities that is used to ease the transition of homeless individuals to independent living. Usually provided with supportive services to assist in finding and keeping permanent housing.
   (L)   Mobilehome.
      1.   In accordance with Cal. Health and Safety Code §§ 18007 and 18008, a MOBILEHOME is a transportable structure, which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The minimum dimensions for a mobilehome structure are eight feet wide, 40 feet long, and a total area of 320 square feet.
      2.   Consistent with the California Health And Safety Code definitions, mobilehome is included in the definition of manufactured home.
   (M)   Mobilehome park. Any area or tract of land where two or more mobilehome sites are rented or held out for rent. The use does not include placement of unoccupied mobilehomes for storage or sales.
   (N)   Rooming house. Same as boarding house.
(Ord. 533, passed 8-16-2005; Ord. 649, passed 6-21-2022)

§ 5-2-3 COMMERCIAL.

   (A)   Agricultural. The cultivation and tillage of soil; the production, irrigation, cultivation (including horticultural), growing, harvesting and processing of any commercial agricultural commodity, including farming, dairying, pasturage, agriculture, husbandry and timber; the lawful application of chemicals including, but not limited to, the application of pesticides, the raising of livestock, fish or poultry, and any practices performed by a farmer and on a farm incidental to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market, and all activities or facilities related thereto. Such operations may occur during any 24-hour period of the day.
   (B)   Amusement center. A facility providing indoor amusement and entertainment services for an admission fee. Uses may include theme parks, arcades, bingo, bowling alleys, bocce ball, dance halls, laser tag and similar games.
   (C)   Automobile repair. The repair, rebuilding or reconditioning of engines or transmissions, including the removal of the same; issuance of smog certificates; glass repair; and overall painting. Use can also include minor repair such as upholstering, detailing, replacement of parts, including batteries, mufflers, brakes, starters, generators, radiators, stereos and the like, adjusting of engines, transmission, electrical systems, air conditioning equipment, brakes and motor service.
   (D)   Bar, cocktail lounge. Establishments, including brewpubs, which are primarily designed, maintained, operated, used or intended to be used for the selling and on site consumption of beer, wine and/or distilled spirits. Food sales may be incidental to the bar use. Live entertainment may also be offered as an incidental use if conducted within a building.
   (E)   Body art establishment. BODY ART ESTABLISHMENT or ESTABLISHMENT means a location, place or business that has been granted a use permit by the city, whether public or private, where the practice of physical body adornment by permitted establishment and practitioners using, but not limited to, the following techniques: body piercing; tattooing; and cosmetic tattooing. This use does not include practices that are considered medical procedures such as implants under the skin scarification, branding, beading or braiding, which are prohibited.
   (F)   Business service. Establishments providing document delivery, mail receiving and boxes, blueprinting, copying, printing, photographic and related services. Use includes parcel delivery sales and service. Use also includes business/office support services, such as janitorial, window cleaning and indoor plant maintenance.
   (G)   Commercial cannabis activity. See § 5-7-2 of this title for all definitions related to commercial cannabis activity and uses.
   (H)   Commercial services. Uses include commercial laundry and dry cleaning works; bakery and carpet cleaning plants; production of dairy products; ice dealers; cabinet shops; food lockers; beverage bottling plants. Only very limited manufacturing activities are permitted under this use category.
   (I)   Daycare center. Commercial or nonprofit daycare facilities designed and approved to accommodate eight or more persons providing nonmedical care for periods of less than 24 hours. The use includes childcare operations.
   (J)   Emergency shelter. A building providing temporary shelter for persons in distressed circumstances, including temporary housing for homeless persons.
   (K)   Equipment sales, rental and repair. A business establishment engaged in the rental, sale, leasing and/or repair of vehicles, tools and large equipment. Uses include boat and truck sales and service. This classification also includes sale of appliances, tools, home improvement merchandise and similar equipment.
   (L)   Financial institution, bank. An establishment for the custody, loan, exchange or issue of money, extension of credit, and facilitating the transmission of funds, for use by the general public.
   (M)   Horticultural nursery. The retail handling of any article, substance or commodity related to the occupation of gardening, including the sale, both indoor and outdoor, of aboveground plants, shrubs, trees, packaged fertilizers, soils, chemicals, and other nursery goods and related products.
   (N)   Hospital. A building or any portion thereof used or designed for the housing of sick, mentally ill, injured, convalescent or infirm persons; provided, that this definition shall not include rooms in any one-, two- or three-family dwelling, boarding house, hotel or motel not ordinarily intended to be occupied by said persons.
   (O)   Hotel. A building designed for occupancy for individuals who are lodged, for compensation, with or without meals, in which there are four or more guestrooms, and in which no provision is made for cooking in any individual room or suite.
   (P)   Laboratory, research institute. Facilities for scientific research, investigation and materials testing or experimentation, but not facilities for the manufacture or sale of products.
   (Q)   Licensed community care facility. The rooming and boarding of up to six physically, mentally or developmentally disadvantaged persons for which a license is required by a county, state or federal agency, and which provides resident staff. Such a facility shall not be included in the definition of a boarding house, foster care home, rest home or other similar term which differs in any other way from a single-family dwelling.
   (R)   Mixed use. A project that combines multiple uses in the same structure or on the same project site, including residential, office and commercial uses.
   (S)   Motel. A building or group of attached or detached buildings containing individual guestrooms where a majority of such room opens individually and directly to the outside, and where a garage is attached or parking space is conveniently located to each unit, for the temporary use by automobile tourists or transients.
   (T)   Office, business, professional and medical. An office engaged in management, administrative, consulting or medical, dental or related services. This classification includes accounting, advertising, architectural, chiropractic, dental and doctors offices, medical laboratories, commercial technical schools, computer software development and data processing, construction, engineering, environmental analysis, insurance, law, real estate, secretarial, social work, and tree and landscaping services.
   (U)   Outdoor sales. Any retail business whose sales are conducted primarily outside of an enclosed building. The use may include general contractors yards and equipment sales.
   (V)   Recreation. Recreation and amusement uses and facilities compatible with surrounding uses, other than those classified under public parks, and which are conducted indoors or outdoors. Typical uses include bowling alleys, health clubs, ice and roller skating rinks, movie theaters, poolrooms, video arcades and dance halls, private golf courses and golf driving ranges, and swimming and tennis clubs.
   (W)   Recreational vehicle site/trailer court. Any facility on which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for vacationers, campers, recreationalists and travelers. Includes a trailer court which is designed to be used for the temporary accommodation or parking of auto trailers, trailer coaches or mobilehomes, for compensation or profit.
   (X)   Residence, manager/owner. Permanent or temporary housing on a nonresidential property that is secondary or accessory to the primary use of the property. Such housing is used for managers or owners living on the site where a caretaker is needed for security or to provide 24 hour care or monitoring of facilities, equipment or other conditions on the site.
   (Y)   Rest home. Services oriented toward the healing, recovery, care or support of seven or more sick, injured or terminally ill people. Use shall include assisted living residential projects involving seven or more units.
   (Z)   Restaurant. A use providing preparation and primarily on site consumption of food and beverages, including cafés, coffee shops, delicatessens, ice cream parlors and similar uses, and may include the incidental service of alcoholic beverages for consumption on the premises. Outdoor dining/seating is also included in this classification.
   (AA)   Restaurant, drive-in. A restaurant which serves food and drinks from a pass-through opening to customers in their vehicles or delivery of food to a diner remaining in their vehicle.
   (BB)   Retail sales. The retail sale or rental of merchandise. Typical of this classification is a business engaged in the sale of items. Uses include bookstores, rental libraries, stationery stores, newsstands, art and antique shops, variety and hardware stores, department and clothing stores, furniture dealers, pet shops, pawnshops and secondhand stores, groceries, supermarkets, dairies, bakeries and drugstores.
   (CC)   Service station/gas. Any building, structure, premises or other place used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of minor services and/or repairs to such vehicles, but not including painting or body and fender repair. May be combined with retail sales and similar operations.
   (DD)   Smoke shop and/or smoking lounge.
      1.   A location, place or business, store, stand or booth that has been granted a conditional use permit by the city and devotes 30% or more of its display area to tobacco products, or to the display and sale of tobacco, electronic smoking devices or drug paraphernalia to purchasers for consumption or use. For the purposes of this use, the definition of TOBACCO PRODUCTS means any substance that contains tobacco or is derived from tobacco, and any and all electronic smoking devices. ELECTRONIC SMOKING DEVICE means an electronic and/or battery operated device that can be used to deliver an inhaled dose of vapors including nicotine and/or other substances.
      2.   For purposes of this use SMOKING LOUNGE means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances, including, but not limited to, establishments known variously as cigar lounges, hookah cafés, tobacco clubs, tobacco bars and the like (collectively referred to as SMOKING LOUNGE(S)).
   (EE)   Vehicle sales. The sales, storage and repair of automobiles, trucks, motorcycles, all-terrain vehicles, boats, recreational vehicles and similar motor vehicles. This use is intended to occur in an auto mall setting, which may include a series of individual dealerships. Use includes outside storage of vehicles, vehicle washing, and any interior vehicle repair operations. Auto body repairing and similar operations are not included in this use category.
(Ord. 533, passed 8-16-2005; Ord. 541, passed 4-18-2006; Ord. 589, passed 6-15-2010; Ord. 622, passed 1-20-2015; Ord. 626, passed 1-19-2016; Ord. 632, passed 12-19-2017)

§ 5-2-4 INDUSTRIAL.

   All industrial uses may include either direct or incidental (accessory) outdoor storage and uses.
   (A)   Auto body repair. Uses include motor vehicle, truck or trailer collision services, including body frame or fender straightening or repair.
   (B)   Auto storage. The storage of motor vehicles. Uses include vehicle towing lots. Does not include wrecking, dismantling or repair.
   (C)   Auto wrecking. The wrecking or dismantling of used motor vehicles or trailers, or the storage of, sale of, or dumping of dismantled, partly dismantled, obsolete or wrecked motor vehicles or their parts, not to include auto storage.
   (D)   Body art establishment. BODY ART ESTABLISHMENT or ESTABLISHMENT means a location, place or business that has been granted a use permit by the city, whether public or private, where the practices of body art are performed, whether or not for profit. BODY ART means the practice of physical body adornment by permitted establishment and practitioners using, but not limited to, the following techniques: body piercing; tattooing; and cosmetic tattooing. This use does not include practices that are considered medical procedures such as implants under the skin, scarification, branding, beading or braiding, which are prohibited.
   (E)   Finished goods assembly. A use engaged in the assembly of premanufactured components, packaging, incidental storage, sales and distribution of finished products and/or parts. The use includes assembly of electrical and mechanical equipment and structural fabrication.
   (F)   Heavy terminal. A location where trucks, buses and heavy equipment are stored when not in use, where cargo may be transshipped from one vehicle to another, and may include related repair facilities and dispatch operations.
   (G)   Kennel. Any lot, premises, building or structure, whereon or wherein are kept three or more dogs whether such keeping is for profit, breeding or exhibition and including places where dogs are boarded, maintained, trained, kept for sale or hire.
   (H)   Manufacturing, beverage/bottling plant. A manufacturing establishment producing beverages for human consumption. Use does not include a tasting facility separate from the manufacturing facility.
   (I)   Manufacturing, heavy general. The manufacture, processing, fabrication, assembly, treatment and packaging of products or parts, and incidental storage, sales and distribution of such products. The use specifically excludes heavy manufacturing uses involving hazardous wastes.
   (J)   Manufacturing, light general. The manufacturing, predominantly from previously prepared materials, of finished products or parts, including light processing, fabrication, assembly treatment and packaging of such products producing no detectable levels of the emissions.
   (K)   Recycling facility. A structure or enclosed space used for the collection and/or processing of recyclable materials, including California redemption value (CRV) glass and plastic containers, scrap aluminum, paper, pulp and nonferrous materials, for shipment, or to an end users specifications, by such means as bailing, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Does not include hazardous or contaminated waste.
   (L)   Salvage yards. The use of any parcel lot or contiguous lot as a place where imported waste, discarded or salvaged materials are disassembled, handled, baled, packed, processed or stored. Includes auto wrecking yards, scrap metal yards, wrecking yards, junkyards, used lumber yards, tire shredding operations, and places or yards for the storage of salvaged materials or miscellaneous construction and structural steel materials, boxes, paper or trash and equipment.
   (M)   Smoke shop and/or smoking lounge.
      1.   A location, place or business, store, stand or booth that has been granted a conditional use permit by the city and devotes 30% or more of its display area to tobacco products, or to the display and sale of tobacco, electronic smoking devices or drug paraphernalia to purchasers for consumption or use. For the purposes of this use, the definition of TOBACCO PRODUCTS means any substance that contains tobacco or is derived from tobacco, and any and all electronic smoking devices. ELECTRONIC SMOKING DEVICE means an electronic and/or battery operated device that can be used to deliver an inhaled dose of vapors including nicotine and/or other substances.
      2.   For purposes of this use SMOKING LOUNGE means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances, including, but not limited to, establishments known variously as cigar lounges, hookah cafés, tobacco clubs, tobacco bars and the like (collectively referred to as SMOKING LOUNGE(S)).
   (N)   Storage. The leasing or rental of storage units, including self-storage facilities.
   (O)   Warehouse, wholesale. A facility where goods are bought in bulk, stored temporarily, and then reshipped. The use may include incidental storage and repair of trucks.
(Ord. 533, passed 8-16-2005; Ord. 622, passed 1-20-2015)

§ 5-2-5 PUBLIC OR QUASI-PUBLIC FACILITIES.

   (A)   Cemeteries. Burial grounds for the interment of the dead.
   (B)   Communication equipment facility. A building or facility housing electrical and mechanical equipment necessary for the conduct of a public utility communications business, with or without personnel. The use includes telecommunications operations, including cellular, wireless or digital telephone facilities, and related installation of antennas, poles, wires and similar improvements or equipment corollary to the use.
   (C)   Community hall/services. A building or portion of a building, often for large scale gatherings. The use includes lodges, social clubs and youth centers, offering social, religious or recreational programs that may be open to the public.
   (D)   Government facilities. Any facility owned, leased or operated by the city, the county, the state and/or the government of the United States. Use also includes administrative and clerical offices of a federal, state or local government agency. The use includes municipal corporation yards.
   (E)   Public buildings and land. Uses include schools (both public and private), parks and playgrounds compatible with the general plan. The use also includes community education activities involving public or private schools.
   (F)   Public utility buildings. Uses shall include public utility buildings and substations.
   (G)   Utility services. The erection, construction, alteration or maintenance of minor public utilities such as minor underground or overhead gas, electrical, steam or other transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for furnishing adequate services by such public utilities or municipal or other governmental agencies, or for the public health, safety or general welfare. Use can also include large scale public utilities typically requiring substantial commitment of land and/or having the potential of creating impacts on the surrounding area, such as sewer treatment plants, electrical substations and water storage/reservoirs, subject to appropriate permitting and environmental review.
(Ord. 533, passed 8-16-2005)

§ 5-2-6 TEMPORARY USES.

   (A)   The uses set forth in this section are classified as temporary uses subject to the authority of the Planning Director, under § 5-6-1 of this title, and a temporary use permit, under § 5-6-9 of this title. Uses that do not fall into those categories defined below shall comply with the use and development regulations and planning permit requirements that otherwise apply to the property.
   (B)   Temporary uses include:
      1.   Arts and crafts shows;
      2.   Carnivals (also see § 3-2-3, License Tax; Flat Fee, of this code);
      3.   Circuses (also see § 3-2-3, License Tax; Flat Fee, of this code);
      4.   City sponsored activities and uses, not occupying a structure and occurring at regular periodic intervals;
      5.   Construction office or mobilehome for temporary caretaker quarters during the construction of a subdivision, multi-family or nonresidential project, while a valid building permit is in force;
      6.   Grand opening/weekend special event, such as a parking lot sale, craft fair or auction. Flea markets are not permitted;
      7.   Model home;
      8.   Outdoor displays/sales (sidewalk sales) in association with a permitted business for which there is an enclosed building (also see § 3-2-7, Outdoor Display, Sales And Promotions, of this code);
      9.   Outdoor seasonal sales (such as pumpkins at Halloween and Christmas tree sales);
      10.   Temporary real estate office, including sales trailers and related facilities;
      11.   The temporary use of property by nonprofit or charitable organizations;
      12.   The use of shipping containers as accessory structures; and
      13.   Other uses similar in nature. Uses not listed under this section will require the Planning Commission to determine, through adoption of a resolution, that the proposed use is similar in nature to the uses listed in this section.
(Ord. 619, passed 6-17-2014)