This article provides definitions of terms and phrases used in this development code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this article conflict with definitions in other provisions of the municipal code, these definitions shall control for the purposes of this development code. If a word is not defined in this article, or in other provisions of the development code, the most common dictionary definition is presumed to be correct.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 2013, § 3, 12-7-2022)

As used in this development code, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

A.

Definitions, "A."

"ACE" means the U.S. Army Corps of Engineers, the federal agency responsible for issuing wetlands delineations.

"Accessory dwelling units" means a second permanent dwelling that is accessory to a primary dwelling on the same site. An accessory dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking.

"Accessory residential uses and structures" means any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:

Garages;

Gazebos;

Greenhouses;

Spas and hot tubs;

Storage sheds;

Studios;

Swimming pools;

Tennis and other on-site sport courts;

Workshops.

Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: accessory dwelling units, which are separately defined, or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see "telecommunications facilities").

"Accessory retail uses" means the retail sales of various products (including food) and/or the provision of personal services (e.g., hair cutting, etc.) within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.

"Accessory structure" means a structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this development code, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; hot tubs, Jacuzzis, spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.

"Accessory use" means a use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located.

"Acting in concert with" means a person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

"Adult entertainment businesses" means any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by state law. Refer to Chapter 5.40 of the Lodi Municipal Code for adult business definitions.

"Affordable unit" means an ownership or rental housing unit as required by this section, which is affordable by households with very low or low income.

"Agent" means a person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, commissions, and the council, regarding matters regulated by this development code.

"Agricultural processing" means the processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere. Includes the following:

Alfalfa cubing;

Corn shelling;

Cotton ginning;

Custom grist mills;

Custom milling of flour, feed, and grain;

Drying of corn, rice, hay, fruits, and vegetables;

Grain cleaning and custom grinding;

Hay baling and cubing;

Pre-cooling and packaging of fresh or farm-dried fruits and vegetables;

Sorting, grading, and packing of fruits and vegetables;

Tree nut hulling and shelling.

Any of the above activities performed in the field with mobile equipment not involving permanent structures are included under the definition of "crop production."

"Alcoholic beverage sales" means the retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premises consumption.

"Alley" means a public or private roadway, generally not more than thirty feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

"Allowed use" means a use of land identified by Article 2 (Land Use and Development Standards) as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and site plan and design review and/or building permit approval, subject to compliance with all applicable provisions of this development code.

"Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

"Amenity" means interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior amenities may include, but are not limited to fireplaces, garbage disposals, dishwashers, cabinet and storage space and bathrooms in excess of one. Amenities shall in no way include items required by city building codes or other ordinances which are necessary to ensure the safety of the building and its residents.

"Antenna" means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure. Antenna-related definitions include the following.

1.

Antenna, Amateur Radio. Any antenna used for transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC).

2.

Antenna, Building or Roof Mounted. An antenna mounted on the side or top of a building or another structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building.

3.

Antenna, Dish. A dish-like antenna used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna.

4.

Antenna, Ground Mounted. Any freestanding antenna, the entire weight of which is supported by an approved freestanding platform, framework, or other structural system which is attached to the ground by a foundation.

5.

Antenna, Monopole. A structure composed of a single spire used to support antennas and related equipment.

6.

Antenna, Panel. An antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna.

7.

Antenna, Satellite. An antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites.

8.

Antenna, Whip. An antenna consisting of a single, slender, rod-like element, which is supported only at or near its base. They are typically less than six inches in diameter and measure up to eighteen feet in height. Also called omnidirectional, stick or pipe antennas.

"Animal raising" means the keeping/raising of farm animals, including cattle, goats, horses, sheep, swine (including potbellied pigs), fowl, poultry, and other animals determined by the director to not be common household pets. Does not include: birds, cats, dogs, and other household pets or exotic animals, which are separately defined.

"Apartment." See "multi-family dwellings."

"Applicant" means any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks city permits and approvals.

"Approval" means includes both approval and approval with conditions.

"Area, lot." See "lot area."

"Art, antique, collectible, and gift stores" means retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books.

"At one location" means all adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road or other public or private right-of-way, or separated only by other land of the applicant.

"Attic" means the area located between the uppermost plate and the roof or ridge of a structure.

"Auto parts sales" means stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "vehicle services"). Does not include tire recapping establishments, which are found under "vehicle services" or businesses dealing exclusively in used parts, which are included under "recycling—scrap and dismantling yards."

"Auto repair and maintenance" means the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories.

1.

Major Repair/Body Work. Repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services; and also include tire recapping establishments.

2.

Minor Maintenance/Repair. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, etc.).

Does not include automobile parking (see "parking facilities/vehicle storage"), repair shops that are part of a vehicle dealership on the same site (see "auto sales and rental," and "recreational vehicle sales and rental"), automobile service stations, which are separately defined, or automobile dismantling yards, which are included under "recycling—scrap and dismantling yards."

"Auto sales and rental" means retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see "auto parts sales"); bicycle and moped sales (see "general retail"); mobile home sales (see "mobile home and RV sales"); tire recapping establishments (see "auto repair and maintenance"); businesses dealing exclusively in used parts, (see "recycling—scrap and dismantling yards"); or "service stations," which are separately defined.

"Automated teller machines (ATM)" means computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

"Automobile dismantling yard." See "recycling—scrap, and dismantling yards."

B.

Definitions, "B."

"Banks and financial services" means financial institutions including:

Banks and trust companies;

Credit agencies;

Holding (but not primarily operating) companies;

Lending and thrift institutions;

Other investment companies;

Securities/commodity contract brokers and dealers;

Security and commodity exchanges;

Vehicle finance (equity) leasing agencies.

See also, "automated teller machine," above.

"Bar." See "night clubs and bars."

"Basic services" means services provided by a residential care facility for the elderly that may include daily activities (social, recreational and educational); community space; utilities and cleaning; safety and security; twenty-four-hour experienced staff; maintenance of residence and grounds; personal care; three daily meals; family support activities; transportation; and medication administration.

"Bed and breakfast inns (B&Bs)" means residential structures with one-family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "hotels and motels." Does not include room rental, which is separately defined (see "rooming and boarding houses).

"Block" means property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad right-of-way or waterway or subdivided acreage

"Building." See "structure."

"Building material stores" means retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "warehousing, wholesaling and distribution." Hardware stores are listed in the definition of "general retail," even if they sell some building materials.

"Business support services" means establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

Blueprinting;

Business equipment repair services (except vehicle repair, see "vehicle services");

Commercial art and design (production);

Computer-related services (rental, repair);

Copying and quick printing services;

Equipment rental businesses within buildings (rental yards are "outdoor sales yards");

Film processing laboratories;

Heavy equipment repair services where repair occurs on the client site;

Janitorial services;

Mail advertising services (reproduction and shipping);

Outdoor advertising services;

Photofinishing;

Protective services (other than office related);

Soils and materials testing laboratories;

Window cleaning.

C.

Definitions, "C."

"California Environmental Quality Act (CEQA)" means state law (California Public Resources Code Sections 19000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

"California Public Utilities Commission (CPUC)" means the governmental agency which regulates the terms and conditions of public utilities in the state.

"Car share" means a service through which vehicles are made available for hourly or daily use. Vehicles are typically picked up and dropped off at designated parking locations within the community and are made available to provide flexible access to a vehicle.

"Car washes" means permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See 17.40.000 (Temporary Use Permits).

"Care and supervision" means services which if provided require a residential care facility for the elderly to be licensed. These services include assistance as needed with activities of daily living and the assumption of varying degrees of responsibility for the safety and well-being of residents to include: assistance in dressing, grooming, bathing and other personal hygiene; assistance with taking medication; central storing and distribution of medications; assistance with medical and dental care (including transportation); maintenance of house rules; supervision of resident schedules and activities; voluntary maintenance and supervision of resident monies or property; and monitoring food intake or special diets.

"Caretaker quarters" means a residence that is accessory to a nonresidential primary use of the site, where needed for security, or twenty-four-hour care or supervision.

"Cell site" means a geographical area with a radius of two to eight miles that contains both transmitting and receiving antennae.

"Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.

"Certificate of public convenience and necessity" means a certificate issued by the California Public Utilities Commission (CPUC).

"City" means the city of Lodi referred to in this development code as the "city."

"City council" means the Lodi City Council, referred to in this development code as the "council."

"City resident" means any person who has lived within the city limits of the city of Lodi continually for one year immediately prior to the date of application for an affordable unit.

"Clubs, lodges, and membership meeting halls" means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:

Business associations;

Civic, social, and fraternal organizations;

Labor unions and similar organizations;

Political organizations;

Professional membership organizations;

Other membership organizations.

"Co-location" means the locating of wireless communications equipment from more than one provider on a single ground-mounted, roof-mounted, or structure-mounted facility.

"Commissary" means a food facility that services motorized food wagons 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.

4.

Liquid and solid wastes are disposed, or potable water is obtained.

"Commission." See "planning commission."

"Common interest development" means any residential condominium, community apartment house, or stock cooperative.

"Community care facility" means any place or building which is maintained and operated to provide twenty-four-hour nonmedical residential care, or day care services for children, adults, or both limited to the following:

1.

Residential Care Facility. A home, group care facility, residential care facility for the elderly, foster home, alcohol and/or drug recovery facility, intermediate care facility or similar facility, for twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

2.

Family Day Care. Regularly provided care, protection and supervision of children, in the care giver's own home, for periods of less than twenty-four hours per day, while the parents or authorized representatives are away.

a.

Small Family Day Care Home. A home that provides family child care for up to six children, or for up to eight children, including children under age ten who live in the licensee's home, if all of the following conditions are met:

i.

At least two of the children are at least six years of age.

ii.

No more than two infants are cared for during any time when more than six children are being cared for.

iii.

The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time.

iv.

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

b.

Large Family Day Care Home. A home that provides family child care for up to twelve children, or for up to fourteen children, including children under age ten who live in the licensee's home and the assistant provider's children under age ten, if all of the following criteria are met:

i.

At least two of the children are at least six years of age.

ii.

No more than three infants are cared for during any time when more than twelve children are being cared for.

iii.

The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to thirteen or fourteen children in the home at one time.

iv.

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

3.

Day Care Center. Commercial or nonprofit child or adult day care facilities designed and approved to accommodate fifteen or more. Includes infant centers, preschools, extended day care facilities, and facilities for adults who require supervision and care because of advanced age, mental or physical deterioration, dementia, Alzheimer's disease, or similar disabling condition. These may be operated as part of a business, school, or religious facility, or as an independent land use.

"Community centers" means multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

"Community garden" means a site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents.

"Community space" means space within a residential care facility for the elderly that may include dining facilities such as a café or snack bar; beauty or barber shops; retail shops that sell food items, nonprescription drugs, small household items and gifts; pharmacies; libraries; game rooms; meeting rooms; music/craft rooms; community laundry rooms; community kitchens; and other similar facilities for residents and guests.

"Condominium" means as defined by Civil Code Section 1315, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

"Congregate living health facility." See "medical services—extended care."

"Construction/heavy equipment sales and rental" means retail establishments selling or renting heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc.

"Contractor storage yards" means storage yards operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities.

"Convalescent hospital." See "medical services—extended care."

"Convenience stores" means retail stores of generally three thousand five hundred square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs.

"County" means the county of San Joaquin, State of California.

"Crop production" means commercial agricultural field and orchard uses including production of:

Field crops;

Flowers and seeds;

Fruits;

Grains;

Grapes;

Melons;

Ornamental crops;

Tree nuts;

Trees and sod;

Vegetables;

Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, including sales sheds.

D.

Definitions, "D."

"Density" means the number of housing units per net acre, unless otherwise stated, for residential uses.

"Department" means the Lodi Community Development Department, referred to in this development code as "department."

"Detached" means any structure that does not have a wall or roof in common with another structure.

"Developer" means any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities that seeks city permits and approvals for development.

"Development" means any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures, and/or the establishment of a new land use. New development is any construction, or alteration of an existing structure or land use, after the effective date of this development code.

"Development agreement" means a contract between the city and an applicant for a development project, in compliance with Chapter 17.44 (Development Agreements) of this development code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules, and regulations after project approval. In return, the city may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

"Development code" means the Lodi Development Code, Title 17 of the Lodi Municipal Code, referred to herein as "this development code."

"Development standards" means the provisions of Lodi Development Code.

"Director" means the city of Lodi Community Development Director, or designee of the director.

"District." See "zoning district."

"Drive-in and drive-thru sales" means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, etc.

"Drive-in and drive-thru services" means facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined.

"Driveway" means a vehicle accessway extending from road or street to a building or structure, vehicle parking or delivery area, or pedestrian drop-off point, or between such areas on a site.

"Duplex" means a residential structure under single ownership containing two dwellings.

"Dwelling, dwelling unit, or housing unit" means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

"Dwelling group" means two or more detached dwelling units located on a single parcel of land in one ownership and having any yard, access driveway or court in common.

E.

Definitions, "E."

"Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

"Electromagnetic field" means the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.

"Electronics, equipment, and appliance manufacturing" means establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:

Appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;

Aviation instruments;

Computers, computer components, and peripherals;

Electrical transmission and distribution equipment;

Electronic components and accessories, semiconductors, integrated circuits, and related devices;

Electronic instruments, components and equipment such as calculators and computers;

Electrical welding apparatus;

Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;

Industrial apparatus;

Industrial controls;

Instruments for measurement, testing, analysis and control, associated sensors and accessories;

Miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;

Motors and generators;

Optical instruments and lenses;

Photographic equipment and supplies;

Pre-recorded magnetic tape;

Radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies;

Surveying and drafting instruments;

Telephone and telegraph apparatus;

Transformers, switch gear and switchboards;

Watches and clocks;

Does not include testing laboratories (soils, materials testing, etc.) (see "business support services"), or research and development facilities separate from manufacturing (see "research and development").

"Enhanced specialized mobile radio" means a digital wireless communication technology that specializes in providing dispatching services.

"Enlargement of use" means the expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.

"Environmental impact report (EIR)" means an informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

"Equipment rental, indoor" means service establishments which may offer a wide variety of materials and equipment for rental. Construction equipment rental is separately defined.

F.

Definitions, "F."

"Family" means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a lodging house or hotel. A family includes the necessary servants.

"Farmworker housing" means a housing accommodation developed for and/or provided to a minimum of five farmworkers, and shall consist of any living quarters, dwelling, boarding house, tent, barracks, bunkhouse, mobile home, recreational vehicle, travel trailer, or other housing accommodation maintained in one or more buildings and on one or more sites. Permanent housing for farmworkers who live in Lodi year-round is treated the same as other permanent housing (i.e., single-family or multi-family). Seasonal or migrant farmworker housing is treated the same as group residential.

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

"Floor area, gross" means the area in square feet of all floors within a building, measured from the outside surfaces of the exterior walls.

"Floor area ratio (FAR)" means the floor area ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (including carports) shall be determined by multiplying the floor area ratio (FAR) by the total net area of the site (FAR × net site area = maximum allowable floor area).

"Flower tower" means a structure that integrates a monopole into a light pole or other utility pole.

"Food and beverage manufacturing" means manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:

Bakeries;

Bottling plants;

Breweries;

Candy, sugar and confectionery products manufacturing;

Catering services separate from stores or restaurants;

Coffee roasting;

Dairy products manufacturing;

Fats and oil product manufacturing;

Fruit and vegetable canning, preserving, related processing;

Grain mill products and by-products;

Meat, poultry, and seafood canning, curing, by product processing;

Soft drink production;

Miscellaneous food item preparation from raw products.

May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "night clubs and bars" if alcoholic beverages are tasted, and under "restaurant" if beverages are nonalcoholic.

Does not include: bakeries which sell all products on-site, which are included in the definition of "general retail;" or beer brewing as part of a brew pub, bar or restaurant (see "night clubs and bars").

"Food truck park" means an open-air facility that is designed to accommodate two or more operating motorized food wagons to offer food or beverages for sale to the public located on a developed lot or parcel(s). The food truck park is strictly for the sale of foods or beverages. The scale of uses that encompass the food truck park include food truck pod, food truck hub, food truck plaza, and food truck park/commissary co-location.

"Food truck pod" means an open-air facility that is designed to accommodate two to five operating motorized food wagons to offer food or beverages for sale to the public located on a paved lot(s) or parcel(s).

"Food truck hub" means an open-air facility that is designed to accommodate six to nine operating motorized food wagons to offer food or beverages for sale to the public located on a developed lot(s) or parcel(s).

"Food truck plaza" means an open-air facility that is designed to accommodate ten or more operating motorized food wagons to offer food or beverages for sale to the public located on a developed lot(s) or parcel(s).

"Food truck park/commissary co-location" means a land use intended to accommodate motorized food wagons that offer food or beverages for sale to the public and provide the required commissary services to those motorized food wagons located at the site.

"Furniture, furnishings and appliance stores" means stores engaged primarily in selling the following products and related services, including incidental repair services:

Computers and computer equipment;

Draperies;

Floor coverings;

Furniture;

Glass and chinaware;

Home appliances;

Home furnishings;

Home sound systems;

Interior decorating materials and services;

Large musical instruments;

Lawn furniture;

Movable spas and hot tubs;

Office furniture;

Other household electrical and gas appliances;

Outdoor furniture;

Refrigerators;

Stoves;

Televisions.

"Furniture/fixtures manufacturing, cabinet shops" means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planning mills.

G.

Definitions, "G."

"Garage, or carport" means parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 17.32 (Parking and Loading).

1.

A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.

2.

A carport is an attached or detached accessory structure enclosed on no more than two sides.

"Garage sale" means any sale held for the purpose of selling, trading or otherwise disposing of household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.

"Gas station" means a retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

"General plan" means the city of Lodi General Plan, including all its elements and all amendments to the general plan, as adopted by the city council under the provisions of Government Code Sections 65300 et seq., and referred to in this development code as the "general plan."

"General retail" means stores and shops selling many lines of merchandise. These stores and lines of merchandise include but may not be limited to:

Art galleries;

Artists' supplies;

Bakeries (all production in support of on-site sales);

Bicycles;

Books;

Cameras and photographic supplies;

Clothing and accessories;

Collectibles (cards, coins, comics, stamps, etc.);

Department stores;

Drug and discount stores;

Dry goods;

Electronics/TV;

Fabrics and sewing supplies;

Florists and houseplant stores (indoor sales only, outdoor sales are "plant nurseries");

Gift and souvenir shops;

Furniture, home furnishings and equipment;

General stores;

Hardware-no outside storage;

Hobby materials;

Jewelry;

Luggage and leather goods;

Musical instruments, parts and accessories;

Newsstands;

Orthopedic supplies;

Pet supplies sales with no animals but fish;

Religious goods;

Small wares;

Specialty shops;

Sporting goods and equipment;

Stationery;

Toys and games;

Variety stores.

"Golf courses and country clubs" means golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.

"Grade" means the ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

"Grand opening" means an advertising event which has as its purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following a remodeling or major renovation.

"Grocery store" means a retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

"Group residential" means all living situations with shared living quarters without separate kitchen or bathroom facilities for each room or unit, including boarding houses, dormitories, and SRO facilities

"Guest house" means a detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

H.

Definitions, "H."

"Handcraft industries, small-scale manufacturing" means establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

"Health/fitness facilities" means fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.

"Hedge" means shrubs and/or trees planted and maintained at a spacing interval which creates a physical and/or visual barrier.

"Heliport" means a designated, marked area on the ground or the top of a structure where helicopters may land at any time.

"Home occupations" means the conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

"Hotel or motel" means facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than thirty days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

"Household pets" means the keeping/raising of birds, cats, dogs, or other common household pets, as determined by the director, accessory to a residential use.

"Housing costs" means the monthly mortgage principal and interest, property taxes, homeowner's insurance, and condominium fees, where applicable, for ownership units; and the monthly rent for rental units.

"HUD" means the United States Department of Housing and Urban Development or its successor.

I.

Definitions, "I."

"Illegal building or use" means a building or use that does not conform to one or more of the provisions of this development code, and did not lawfully exist on the effective date of applicable provisions of this development code.

"Income eligibility" means the gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled household members and all other sources of household income.

"Independent living" means housing that is intended for elderly persons who may require some assistance but are generally able to live and function independently. These facilities are usually apartment style housing with a studio, one-bedroom or larger units, one or more bathrooms and either a kitchenette or full kitchen. Meals, housekeeping and laundry services are provided for residents. Social activities and other nonmedical services, such as transportation, are sometimes offered.

"Indoor amusement/entertainment facilities" means establishments providing indoor amusement and entertainment services for a fee or admission charge, including:

Bowling alleys;

Coin-operated amusement arcades;

Dance halls, clubs, and ballrooms;

Electronic game arcades;

Ice skating and roller skating;

Pool and billiard rooms as primary uses.

Five or more electronic games or coin-operated amusements in any establishment, or a premises where fifty percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines are not considered a land use separate from the primary use of the site.

"Intensification of use" means a change in the use of a structure or site, where the new use is required by Chapter 17.32 (Parking and Loading) to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.

J.

Definitions, "J."

"Junkyard" means automobile wrecking yards, any area where junk vehicles are stored, keeping or abandonment of junk, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

K.

Definitions, "K."

"Kitchen" means a room or space within a building intended to be used for the cooking or preparation of food.

L.

Definitions, "L."

"Land use permit" means authority granted by the city to use a specified site for a particular purpose, including use permits, temporary use permits, planned development permits, variances, zoning clearances, as established by Article 4 (Land Use and Development Permit Procedures) of this development code.

"Landscaping" means the planting and maintaining of an area with predominantly native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements (for example, pools, fountains, paved or decorated surfaces, but excluding driveways, parking, loading, or storage areas).

"Large family day care home." See "community care facility."

"Lattice tower" means a structure with three or four steel support legs that supports a variety of antennae. These towers generally range in height from sixty to two hundred feet and are constructed in areas where increased height is needed, microwave antennas are required, or where the weather demands a more structurally-sound design.

"Laundries and dry-cleaning plants" means service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry-cleaning pick-up stores without dry cleaning equipment; see "personal services."

"Libraries and museums" means public or quasi-public facilities including aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are typically noncommercial, other than an accessory gift/book shop.

"License" means a basic permit issued by a licensing agency to operate a community care facility.

"Licensing agency" means a state, county or other public agency authorized by the state department of social services to assume specified licensing, approval or consultation responsibilities in compliance with Health and Safety Code Section 1569.13.

"Life care/continuing care retirement communities." See "medical services—extended care."

"Live/work facilities" means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

1.

Complete kitchen space and sanitary facilities in compliance with the California Building Code; and

2.

Working space reserved for and regularly used by one or more occupants of the unit.

"Lot, or parcel" means a recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and city ordinances, including this development code. Types of lots include the following.

1.

Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than one hundred thirty-five degrees. If the intersection angle is more than one hundred thirty-five degrees, the lot is considered an interior lot.

2.

Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

3.

Interior Lot. A lot abutting only one street.

4.

Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot.

5.

Reverse Corner Lot. A corner lot, the rear of which abuts a key lot.

6.

Through Lot. A lot with frontage on two generally parallel streets.

"Lot area" means gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights-of-way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot.

"Lot area, net" means the portion of a parcel that is:

1.

Not subject to any easement or included as a proposed public or private facility, such as an alley, highway, street, or other necessary public site within a proposed development project; or

2.

Subject to an easement where the owner of the underlying fee has the right to use the entire surface except the portion where the owner of the easement may place utility poles or minor utility structures.

Except as provided above, portions of a parcel to a highway easement or any other private or public easement shall not be counted as part of the net area.

"Lot coverage." See "site coverage."

"Lot depth" means the average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 7-1 (Lot Features). The director shall determine lot depth for parcels of irregular configuration.

"Lot frontage" means the boundary of a lot adjacent to a public street right-of-way.

"Lot line or property line" means any recorded boundary of a lot. Types of lot lines are as follows (see Figure 7-1 (Lot Features)):

1.

Front Lot Line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

2.

Interior Lot Line. Any lot line not abutting a street.

3.

Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

4.

Side Lot Line. Any lot line that is not a front or rear lot line.

Figure 7-1 - Lot Features

"Lot of record" means a parcel of land held in separate ownership as shown on the county assessors records at the time of the passage of the ordinance codified in this title.

"Lot Width" means 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. See Figure 7-1 (Lot Features). The director shall determine lot width for parcels of irregular shape.

M.

Definitions, "M."

"Map Act." See "Subdivision Map Act."

"Medical services—clinics, offices, and laboratories" means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:

Health management organizations (HMOs);

Medical and dental laboratories;

Medical, dental and psychiatric offices;

Out-patient care facilities;

Other allied health services;

Counseling services by other than medical doctors or psychiatrists are included under "offices."

"Medical services—extended care" means residential facilities providing nursing and health-related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "community care facility."

"Medical services—hospitals" means hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of "accessory retail uses").

"Metal products fabrication, machine and welding shops" means establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

Blacksmith and welding shops;

Sheet metal shops;

Machine shops and boiler shops.

"Microbrewery" means a facility where beer brewed on the premises is sold for on-site consumption.

"Microcell" means a wireless communication facility that:

1.

Contains a maximum of four whip or panel antennae. Each whip antenna does not exceed four inches in diameter and four feet in length. Each panel antenna does not exceed two square feet in surface area;

2.

Contains a maximum of one microwave antenna no larger than ten square feet in surface area;

3.

Has an array of antennae less than ten feet in height;

4.

Is roof or structure-mounted or, if within the public right-of-way, is located on top of a light pole or telephone pole or a metal or precast concrete monopole (similar in design to a street light pole or street tree); and

5.

Has a total height, if roof or structure-mounted, that does not exceed the maximum height allowed in the zoning district in which the facility is located.

"Mixed-use project" means a project which combines both commercial and residential uses, where the residential component is typically located above the commercial.

"Mobile home" means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and forty feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "single-family dwellings."

"Mobile home park" means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

"Monopole" means a single, ground-mounted, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to hold one or more antennas. For the purpose of this title, any tree pole, flagpole, bell tower, clock tower, windmill or other similar ground-mounted, self-supporting structure that is designed to disguise antennas and their support structures shall also be deemed to be a monopole, however a monopole shall not be deemed to be a transmission tower.

"Mortuaries and funeral homes" means funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.

"Motorized food wagon" means any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley, highway, or private street, alley, or property within the city of Lodi, including a produce/seafood truck (as defined below) and a motorized food production unit (as defined below). For the purposes of this chapter, a motorized food wagon shall also include any trailer or wagon pulled by a vehicle.

"Mounted" means attached or supported.

"Multi-family dwellings" means a building or a portion of a building used and/or designed as residences for three or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); and senior citizen multi-family housing; see also "common interest developments."

N.

Definitions, "N."

"Negative declaration" means a statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).

"Night clubs and bars" means businesses where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/or dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities.

"Nonconforming parcel" means a parcel that was legally created prior to the adoption of this development code and which does not conform to current code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.

"Nonconforming sign" means a sign which lawfully existed prior to the effective date of this development code, or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended provision.

"Nonconforming structure" means a structure that was legally constructed prior to the adoption of this development code and which does not conform to current code provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.

"Nonconforming use" means a use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this development code and which does not conform to current code provisions governing allowable land uses for the zoning district in which the use is located.

"Nursing home." See "medical services—extended care."

O.

Definitions, "O."

"Occupancy" means all or a portion of a structure occupied by one tenant.

"Offices" means this development code distinguishes between the following types of office facilities. These do not include: medical offices (see "medical services—clinics offices, and laboratories"); or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use.

1.

Administrative/Business. Establishments providing direct services to consumers, such as insurance agencies, real estate offices, utility company offices, etc.

2.

Government. City, and other local, state, and federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "truck and freight terminals."

3.

Production. Office-type facilities occupied by businesses engaged in the production of intellectual property. These uses include:

Advertising agencies;

Architectural, engineering, planning and surveying services;

Computer software production and programming services;

Educational, scientific and research organizations;

Media postproduction services;

Photography and commercial art studios;

Writers and artists offices.

4.

Professional. Professional offices including:

Accounting, auditing, and bookkeeping services;

Attorneys;

Counseling services;

Court reporting services;

Data processing services;

Detective agencies and similar services;

Employment, stenographic, secretarial, and word processing services;

Literary and talent agencies;

Management and public relations services.

5.

Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

6.

Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

"Off-site" means an activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

"On-site" means an activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

"Open fencing" means a barrier constructed of material which is transparent, such as glass, plastic panels or wrought iron, used in conjunction with recreation and seating areas.

"Outdoor recreation facilities" means facilities for various outdoor participant sports and types of recreation, including:

Amphitheaters;

Amusement and theme parks;

Health and athletic club outdoor facilities;

Miniature golf courses;

Skateboard parks; stadiums and coliseums;

Swim and tennis clubs;

Tennis courts;

Water slides;

Zoos.

May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include parks and playgrounds, which are separately defined.

"Outdoor retail sales and activities" means permanent outdoor sales and rental establishments including auto dealers, lumber and other material sales yards, newsstands, outdoor facilities for the sale or rental of other vehicles/equipment, and other uses where the business is not conducted entirely within a structure.

"Outdoor retail sales, temporary" means temporary outdoor retail operations including:

Christmas trees, pumpkins or the sale of other seasonal items;

Farmers' markets;

Food vendors;

Semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows;

Sidewalk or parking lot sales longer than one weekend;

Retail sales from individual vehicles in temporary locations outside the public right-of-way.

P.

Definitions, "P."

"Parcel." See "lot, or parcel."

"Parking facilities/vehicle storage" means service establishments in the business of storing operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day-use and long-term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the development code.) Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards.

"Parks and playgrounds" means public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use, including tennis courts. See also "outdoor recreation facilities."

"Pawn shops" means indoor retail establishments that accept personal property as collateral for loans, and offer the property for sale to the public.

"Pedestrian orientation" means any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including, but not limited to:

1.

Street furniture;

2.

Design amenities related to the street level such as awnings, paseos, arcades;

3.

Visibility into buildings at the street level;

4.

Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing;

5.

Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;

6.

Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

7.

Signage oriented and scaled to the pedestrian rather than the motorist; and

8.

Landscaping.

"Pedestrian-oriented use" means a use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from sidewalk and street due to intense and surprising visual interest, high customer turnover and intense social interaction.

"Permitted use" means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

"Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

"Personal communication services" means a digital wireless communications technology with the capacity for multiple communication services, and which provides a system for the routing of calls to individuals rather than places, regardless of location.

"Personal services" means establishments providing nonmedical services as a primary use, including, but not limited to:

Barber and beauty shops;

Clothing rental;

Dry cleaning pick-up stores with limited equipment;

Home electronics and small appliance repair;

Laundromats (self-service laundries);

Massage (licensed, therapeutic, nonsexual);

Psychic readers;

Shoe repair shops;

Spas and hot tubs;

Tailors;

Tanning salons;

Tattoo parlors.

These uses may also include accessory retail sales of products related to the services provided.

"Planning commission" means the city of Lodi Planning Commission, appointed by the Lodi City Council in compliance with Government Code Section 65101, referred to throughout this development code as the "commission."

"Plant nurseries and garden supply stores" means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under "general retail stores." Home greenhouses are included under "accessory residential uses and structures."

"Primary structure" means a structure that accommodates the primary use of the site.

"Primary use" means the main purpose for which a site is developed and occupied, including the activities that are conducted on the site during most of the hours when activities occur.

"Primary zoning district" means the zoning district applied to a site by the zoning map, to which an overlay zoning district may also be applied.

"Printing and publishing" means establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "business support services."

"Private wireless communication facility" means a wireless communication facility that has not been granted a certificate of public convenience and Necessity by the California Public Utilities Commission (CPUC).

"Project" means proposed development or a new land use.

"Property line" means the recorded boundary of a parcel of land.

"Proposed project" means a proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.

"Public safety facilities" means facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

"Public utility facilities" means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

Corporation and maintenance yards;

Electrical substations and switching stations;

Natural gas regulating and distribution facilities;

Public water system wells, treatment plants and storage;

Telephone switching facilities;

Wastewater treatment plants, settling ponds, and disposal fields.

These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.

"Public wireless communication facility" means a wireless communication facility that has been granted a certificate of public convenience and necessity by the California Public Utilities Commission (CPUC).

Q.

Definitions, "Q."

"Quarry materials storage and processing" means manufacturing facilities for the sorting, grading, and storage of aggregates as construction materials; includes concrete batch plants. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "building material stores."

R.

Definitions, "R."

"Radiofrequency radiation" means electromagnetic radiation in the portion of the spectrum from three kilohertz to three hundred gigahertz.

"Recreational vehicle (RV)" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1.

Contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

2.

Contains four hundred square feet or less of gross area measured at maximum horizontal projections;

3.

Is built on a single chassis; and

4.

Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

"Recreational vehicle park" means a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

"Recyclable material" means reusable domestic containers and other materials which can be reconstituted, re-manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials (see "recycling facilities" below).

"Recycling facilities" means this land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.

1.

Small Collection Facility. A facility occupying an area of five hundred square feet or less where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:

a.

Reverse Vending Machine(s). An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

b.

Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.

c.

Bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

d.

Kiosk-type units which may include permanent structures.

2.

Large Collection Facility. A facility which occupies an area of more than five hundred square feet and/or include permanent structures which may include the following:

a.

Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "recycling—scrap and dismantling yards," below:

i.

Light processing facility occupies an area of under forty-five thousand square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and

ii.

A heavy processing facility is any processing facility other than a light processing facility.

3.

Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.

"Religious facilities" means facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc.; and accessory uses on the same site, including living quarters for ministers and staff, child day care facilities and religious schools where authorized by the same type of land use permit required for the religious facility itself. May also include fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other establishments maintained by religious organizations, including as full-time educational institutions, hospitals and other potentially-related operations (for example, a recreational camp) are classified according to their respective activities.

"Resale controls" means legal provisions by which the sale of affordable units will be controlled to ensure that the unit is affordable by very low- or low-income households over time.

"Research and development (R&D)" means indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes pharmaceutical, chemical and biotechnology research and development. Does not include computer software companies (see "offices—production"), soils and other materials testing laboratories (see "business support services"), or medical laboratories (see "medical services—clinics, offices, and laboratories").

"Residential care home." See "community care facility."

"Residential district or zone" means any of the residential zoning districts established by Section 17.10.020 (Zoning Districts Established).

"Residential project" means a housing development at one location including all units for which permits have been applied for or approved within a twelve-month period, intended and designed for permanent occupancy, including, but not limited to single-family dwellings, duplexes, triplexes, fourplexes, apartments, multiple-dwelling structures, or group of dwellings, condominium development, townhouse development, cooperative, or land division.

"Residential shelters" means facilities for the temporary shelter and feeding of indigents or disaster victims, operated by a public or nonprofit agency.

"Restaurant" means a retail business selling ready-to-eat food for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption, and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes coffee houses.

"Review authority" means the individual or official city body (the community development director, planning commission, or city council) identified by this development code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 6 (Development Code Administration).

"Roadside stands" means open structures for the retail sale of agricultural products, located on the site or in the area of the property where the products being sold were grown. Does not include field sales or agricultural products, which is included under "production of crops."

"Rooming and boarding houses" means the renting of individual bedrooms within a dwelling to two or more unrelated people, whether or not meals are provided.

S.

Definitions, "S."

"Schools" means public and private educational institutions, including:

Boarding schools;

Business, secretarial, and vocational schools;

Community colleges, colleges, and universities;

Elementary, middle, and junior high schools;

Establishments providing courses by mail;

High schools;

Military academies;

Professional schools (law, medicine, etc.);

Seminaries/religious ministry training facilities.

Also includes specialized schools offering instruction in the following:

Art;

Ballet and other dance;

Computers and electronics;

Drama;

Driver education;

Language;

Music.

Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "community care facility"). See also the definition of "studios—art, dance, music, photography, etc." for smaller-scale facilities offering specialized instruction.

"Secondary dwelling unit" means an additional living unit on a lot within a single-family zone. A second unit is a self-contained unit with separate kitchen, living and sleeping facilities. A second unit can be created by (a) altering a single-family dwelling to establish a separate unit or (b) adding a separate unit onto an existing dwelling.

"Section 404 or Section 10 Permit" means the permits issued by U.S. Army Corps of Engineers (ACE) establishing wetlands delineations and conditions governing activities therein.

"Senior apartments" means multifamily residential projects where occupancy is limited to people of fifty-five years of age or older.

"Senior continuum of care complex." See "community care facility" and "medical services—extended care."

"Senior citizen" means an adult fifty-five years or older.

"Setback" means the distance by which the wall of a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the easement to the wall of the structure. See also "yard." Figure 7-2 (Setbacks) shows the location of front, side, street side and rear setbacks. Figure 7-3 (Flag Lot Setbacks) below, shows the location of front yard setbacks for flag lots.

Figure 7-2 - Location and Measurement of Setbacks

Figure 7-3 - Flag Lot Setbacks

"Sign" means a structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following.

1.

Abandoned Sign. A sign advertising a use, occupancy, or product which no longer exists, in the event of billboards, or which no longer exists on the site where the sign is located, in the case of on-site signs, for a period of ninety days.

2.

Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

3.

Awning Sign. A sign copy or logo attached to or painted on an awning.

4.

Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

5.

Bench Sign. Copy painted on a portion of a bench.

6.

Business Identification Sign. A sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.

7.

Cabinet Sign (Can Sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated.

8.

Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

9.

Civic Event Sign. A temporary sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

10.

Contractor or Construction Sign. A sign which states the name of the developer and contractor(s) working on the site and related engineering, architectural or financial firms involved with the project.

11.

Directional Sign. An on-site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

12.

Directory Sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center.

13.

Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.

14.

Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

15.

Future Tenant Identification Sign. A temporary sign that identifies the names of future businesses that will occupy a site or structure.

16.

Garage Sale Sign. A sign with a message advertising the resale of personal property that has been used by the resident.

17.

Grand Opening. A promotional activity not exceeding thirty calendar days used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. "Grand opening" does not mean an annual or occasional promotion of retail sales by a business.

18.

Ground Mounted Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole or device, erected primarily to support the sign. Includes monument signs and pole signs.

19.

Holiday Decoration Sign. Temporary seasonal signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays and which contain no advertising message.

20.

Illegal Sign. A sign which includes any of the following:

a.

A sign erected without first complying with all regulations in effect at the time of its construction or use;

b.

A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than ninety days;

c.

A sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished;

d.

A sign that was legally erected which later became nonconforming and then was damaged to the extent of fifty percent or more of its current replacement value;

e.

A sign which is a danger to the public or is unsafe;

f.

A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the town; or

g.

A sign that pertains to a specific event, and five days have elapsed since the occurrence of the event.

21.

Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from some distance.

22.

Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.

23.

Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.

24.

Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

25.

Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of more than one tenant on the site.

26.

Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this development code, but does not now completely comply with current regulations.

27.

Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.

28.

Off-Site Sign. A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, does not constitute the principal item for sale or manufactured on the premises. Also known as a billboard sign.

29.

Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

30.

Political Sign. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

31.

Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns.

32.

Portable Sign. A sign that is not permanently affixed to a structure or the ground.

33.

Programmable Electronic Sign. A changeable and illuminated sign made up of a field of individual electronic elements or mechanical grids that, when programmed and activated, create still or moving images, words, or numbers.

34.

Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.

35.

Promotional Sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

36.

Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

37.

Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

38.

Special Event Sign/Banner. A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event).

39.

Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property.

40.

Under Marquee Sign. A sign suspended from a marquee or canopy.

41.

Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

42.

Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

43.

Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within three feet of the window.

"Sign area" means the entire area within a perimeter defined by a continuous line composed of right angles using no more than four lines which enclose the extreme limits of lettering, logo, trademark, or other graphic representation.

"Sign height" means the vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.

"Single-family dwelling" means a building designed for and/or occupied exclusively by one-family. Also includes factory-built, modular housing units, constructed in compliance with the California Building Code, and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.

"Site" means a parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

"Site coverage" means the percentage of total site area occupied by structures, and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles. See Figure 7-4 (Site Coverage).

Figure 7-4 - Site Coverage

"Skilled nursing facility." See "medical services—extended care."

"Stealth facility" means a communications facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure. Also referred to as concealed antenna.

"Storage—indoor" means the storage of various materials entirely within a structure, as the primary use of the structure. Includes personal storage facilities (mini-storage), which are structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.

"Storage—outdoor" means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

"Street" means a public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this subsection.

"Street line" means the boundary between a street right-of-way and property.

"Structure" means anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this development code, the term "structure" includes "buildings."

"Structural alteration" means any change tending to prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders.

"Studios for art, dance, music, photography, etc." means small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "schools—specialized education and training." These include facilities for: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.

"Subdivision" means the division, by any sub divider, of any unit or portion of land shown on the latest equalized San Joaquin County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1315: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

"Subdivision Map Act, or Map Act" means division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supporting housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is treated the same as a residential use in a residential zone.

T.

Definitions, "T."

"Telecommunications facilities" means public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections (see "utility infrastructure").

"Temporary structure" means a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Temporary use" means a use of land that is designed, operated and occupies a site for a limited period of time, typically less than twelve months.

"Tenant" means a person who occupies land or property rented from a landlord.

"Theaters and auditoriums" means indoor facilities for public assembly and group entertainment, other than sporting events, including:

Civic theaters, and facilities for "live" theater and concerts;

Exhibition and convention halls;

Motion picture theaters;

Public and semi-public auditoriums;

Similar public assembly uses.

Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events."

"Transitional housing" means building configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is treated the same as a residential use in a residential zone.

"Truck and freight terminals" means this land use consists of transportation establishments furnishing services incidental to air, motor freight, and rail transportation including:

Freight forwarding services;

Freight terminal facilities;

Joint terminal and service facilities;

Packing, crating, inspection, and weighing services;

Postal service bulk mailing distribution centers;

Transportation arrangement services;

Trucking facilities, including transfer and storage.

These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.

"Two unit urban residential development" means development of dwelling units and accessory dwelling units per Section 17.36.160 of this Code.

U.

Definitions, "U."

"Utility infrastructure" means pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "offices"), or distribution substations (see "utility facilities").

V.

Definitions, "V."

"Variance" means a discretionary entitlement that may waive or relax the development standards of this development code, in compliance with Section 17.40.050 (Variances).

"Vehicle service" means establishments primarily engaged in the maintenance, service, diagnosis, repair, or painting of automobiles, motorcycles, scooters, mopeds, light trucks, vans, trailers, and recreational vehicles subject to the registration with the California Bureau of Automotive Repair.

"Veterinary clinics, animal hospitals, kennels" means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.

"Voluntary" means resulting from free will.

W.

Definitions, "W."

"Warehouse retail" means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.

"Warehouses, wholesaling, and distribution" means these facilities include:

1.

Warehouses. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see "storage—indoor"); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "wholesaling and distribution"); or terminal facilities for handling freight (see "vehicle and freight terminals").

2.

Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as:

Agents, merchandise or commodity brokers, and commission merchants;

Assemblers, buyers and associations engaged in the cooperative marketing of farm products;

Merchant wholesalers;

Stores primarily selling electrical, plumbing, heating, and air conditioning supplies and equipment.

"Wireless communication facility" means any public or private structure that supports antennae, microwave dishes, and other related equipment that sends and/or receives radio frequency signals.

X.

Definitions, "X." No specialized terms beginning with the letter "X" are used at this time.

Y.

Definitions, "Y."

"Yard" means an area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this development code. See Section 17.14.060 (Setback Measurement and Exceptions) and Figure 7-2 (Setbacks).

1.

Front Yard. An area extending across the full width of the lot between the front lot line and the required setback.

2.

Rear Yard. An area extending the full width of the lot between a rear lot line and the required setback.

3.

Side Yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback.

Z.

Definitions, "Z."

"Zero lot line" means the location of a building on a lot in a manner that one or more building edges rest directly on a lot line.

"Zoning clearance" means a ministerial issued by the department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of this development code.

"Zoning district" means any of the residential, commercial, industrial, special purpose, or overlay districts established by Article 2 of this development code (Land Use Development Standards), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).

"Zoning ordinance" means the Lodi Development Code, Title 17 of the Lodi Municipal Code, referred to herein as "this development code."

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 1990, § 2, 1-9-2022; Ord. No. 2013, § 3, 12-7-2022; Ord. No. 2030, § 9, 3-19-2025)