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Los Banos City Zoning Code

ARTICLE 2

DEFINITIONS

§ 9-3.201 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined below.
"Accessory building"
means a building exceeding 120 square feet which is subordinate to the principal use of a building on the same premises and serving a purpose customarily incidental to the use of the principal buildings.
"Alley"
means a public or private way thirty (30′) feet or less in width which affords a secondary means of access to abutting property.
"Apartment"
means any building, or portion thereof, designed and built for the occupancy of four or more families.
"Assisted living"
means a supportive housing facility designed for those who need extra help in their day-to-day lives and who do not require the 24 hour skilled nursing care found in traditional nursing homes.
"Block"
means all property fronting upon one side of a street between intersecting and intercepting streets or between a street and a railroad right-of-way, dead-end street, or City boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
"Building"
means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal, or personal property.
"Building height"
means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator equipment rooms and ventilating and air-conditioning equipment.
"Building, main"
means a building in which is conducted the principal use of the lot and/or building site on which it is situated.
"Building site"
means a lot or parcel of land, in single or joint ownership, occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the provisions of this chapter, and having its principal frontage on a street, road, or highway.
"Business, retail"
means the retail sale of any article, substance, or commodity within a building.
"Business, wholesale"
means the wholesale handling of any article, substance, or commodity or the open storage or sale of any material or commodity or the processing or manufacture of any product or substance.
"Child day care facility"
means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family day care homes.
"Commission"
means the Planning Commission of the City.
"Communication equipment building"
means a building housing the electrical and mechanical equipment necessary for the conduct of public utility communication businesses, with or without personnel.
"Cottage food operation"
means an enterprise at a private home where specific low-risk food products that do not require refrigeration are prepared or packaged for sale to consumers, subject to the requirements of the State of California with criteria and conditions related to spacing/concentration, parking, traffic and noise control to maintain the residential nature of the neighborhoods.
"Day care center"
means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, and includes child care centers licensed pursuant to Section 1596.951 of the Health and Safety Code.
"Disability"
means a person with: (1) a physical or mental impairment that substantially limits one or more of a person's major daily living activities; (2) a record of having, or being perceived as having, a physical or mental impairment, but not including current illegal use of, or addiction to, a controlled substance (as defined by Section 102 of the Federal Control Substance Act, at 21 U.S.C. Sec. 802).
"District"
means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth in this chapter.
"Dwelling"
means a building, or portion thereof, designed and used exclusively for residential occupancy, including one-family, two-family, three-family, and four-family dwellings and apartments and multiple-family dwellings, but not including hotels or motels.
"Dwelling, four-family or fourplex"
means a building containing not more than four kitchens, designed and/or used to house not more than four families living independently of each other.
"Dwelling group"
means a group of two or more detached or semi-detached one-family, two-family, three-family, four-family, or multiple dwellings occupying a parcel of land in one ownership and having any yard or court or access in common, but not including hotels or motels.
"Dwelling, multiple"
means a building, or portion thereof, used and designed as a residence for five or more families living independently of each other and doing their own cooking in such building, including apartment houses, apartment hotels, and flats, but not including motels and hotels.
"Dwelling, single-family"
means a building designed for or used to house not more than one family.
"Dwelling, three-family or triplex"
means a building containing not more than three kitchens, designed and/or used to house not more than three families living independently of each other.
"Dwelling, two-family or duplex"
means a building containing not more than two kitchens, designed and/or used to house not more than two families living independently of each other.
"Emergency shelter"
means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (as defined by California Health and Safety Code Section 50801(e)).
"Employee housing"
has the same meaning as that term is defined in Section 17008 of the Health and Safety Code. Employee housing for six or fewer employees is subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
"Employee needs housing"
means a residential structure that provides lodging with or without meals and is available for permanent or seasonal occupancy. Said housing includes dormitories, boarding/rooming houses, and dwelling units.
"Enclosed"
means to be surrounded with a wall, fence, etc.
"Family"
means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, or fraternity or sorority house.
"Family day care home"
means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.
"Fence"
means any structural device forming a physical barrier by means of a hedge, wood, mesh, metal, chain, brick, stake, plastic, or other similar materials.
"Final development plan"
means a document including design details for: landscaping, lighting, utilities, infrastructure, setbacks, grading, lot layout and building elevations.
"Garage or carport"
means an accessible and usable covered space not less than ten (10′) feet by twenty (20′) feet for the storage of automobiles.
"Group home"
means an establishment, usually resembling a private home and located in a residential neighborhood, which provides lodging and/or supervised care for up to six unrelated residents with special needs.
"Guest house"
means a detached living quarters of a permanent type of construction without kitchens or cooking facilities and where no compensation in any form is received or paid.
"Height"
means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator equipment rooms and ventilating and air-conditioning equipment.
"Home occupation"
means an operation conducted on the premises by the occupant of the dwelling as a secondary use in connection therewith and where there are no advertising signs, no displays, no stock or commodities sold on the premises, no customers, no employees in connection therewith, and no mechanical equipment designed to be used in connection therewith other than that necessary or convenient for domestic purposes.
"Hotel"
means a single building or a group of detached or semi-detached buildings containing guest rooms with automobile storage space provided on the site for such rooms provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers.
"Household pets"
mean animals, birds or reptiles ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine, or ruminant animals, pigs, predatory wild animals, chickens, roosters, ducks, geese, turkeys, pigeons, small exotic fowl or game birds and fowl, which normally constitute an agricultural use, such as animals raised for commercial selling of offspring, eggs or for consumptive purposes. The keeping of any animal not herein described as a household pet shall not be deemed an accessory residential use. Approval for ducks, geese, chickens, pigeons or small exotic fowl as household pets shall be subject to use permit approval.
"Junk yard"
means more than 100 square feet of the area of any lot used for the storage of junk, including scrap metals or salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.
"Kennel"
means any lot or premises on which mature dogs and/or cats and/or other household pets are kept, boarded or trained for the purpose of sale or breeding. A "mature" household pet is defined as being at least six months old.
"Large family day care home"
means a facility that provides care, protection, and supervision for seven to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 of the Health and Safety Code and as defined in regulations. A large family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A large family day care home is where the day care provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
"Lot"
means a lot or parcel of land, in single or joint ownership, occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the provisions of this chapter, and having its principal frontage on a street, road, or highway.
"Lot: corner: side and front."
The narrowest frontage of a corner lot facing the street shall be the front, and the longest frontage facing the intersecting street shall be the side, irrespective of the direction in which the dwelling faces.
"Lot front"
means the shortest dimension of a lot fronting on a street.
"Lot line"
means a line separating the frontage from a street, the side from a street or adjoining property, or the rear or side from an alley or street or adjoining property.
"Lot rear"
means the lot boundary opposite, or approximately opposite, the lot front.
"Lot side"
means any lot boundary not a front or rear lot line.
"Lot, through"
means a lot having frontage on two parallel or approximately parallel streets.
"Motel"
means a single building or a group of detached or semi-detached buildings containing guest rooms, with automobile storage space provided on the site for such rooms provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers.
"Office"
means a business establishment for rendering services or for administration, but excluding retail sales.
"Park."
Los Banos parks are divided into four different categories. The first is a pocket park which is under an acre in size, the second is a neighborhood park which is typically two to nine acres, the third is a community park which is a minimum of 10 acres and the final type is a specialized use or regional park.
"Parking space"
means an accessible and usable space on the building site or on an adjacent lot for the parking of automobiles, which shall have reasonable access to a public street or alley without going through any other parking space.
"Patio"
means an outdoor space generally used for dining or recreation that is typically paved or another hard surface. Patios typically adjoin the primary structure and are not enclosed on more than three sides, if the patio is freestanding it cannot be enclosed on any side.
"Paved parking lot"
means parking stalls, driveways, and circulation and maneuvering areas intended for motor vehicle use constructed of asphalt or other recognized paving surfaces constructed according to City improvement standards.
"Person"
means any individual, City, County, City and County, partnership, corporation, cooperative, association, trust, or any other legal entity, including the State and the Federal government.
"Porch"
means an open or enclosed gallery or room attached to the outside of a building.
"Recreational vehicle"
means a collective term which may refer to any or all of the following: airplane, boat, boat trailer, camper, motor home, motorcycle trailer, travel trailer and similar vehicles.
"Residential care facility"
means a single-family dwelling unit which provides 24 hour non-medical care of persons who are in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment, in a facility licensed by the State of California. A residential care facility does not include family day care, foster care or any medical services, including nursing services, beyond that required by the residents of the residential care facility for sustaining the activities of daily living. A residential care facility specifically includes an alcoholism or drug abuse recovery facility, or family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or dependent or neglected children, as defined by California Health and Safety Code Section 1502 and licensed by the State of California.
"School, commercial, trade"
means an institution conducting regular instruction in a nonresidential location for five or more students concurrently, offering preponderant instruction in technical, commercial, or trade skills, such as air flight, automotive and aircraft technicians schools, beauty, business colleges, computer training, electronic schools, real estate schools, secretarial, and like commercial establishments operated by nongovernmental organizations.
"School, parochial"
means an institution conducting regular academic instruction at kindergarten, elementary, secondary, and collegiate levels operated by a religious organization.
"School, private academic"
means an institution conducting regular academic instruction in a nonresidential location for five or more students concurrently by a nongovernmental organization.
"School, public"
means a public institution conducting regular academic instruction at kindergarten, elementary, secondary, and collegiate levels.
"Senior housing"
means an age restricted housing community restricted by covenant.
"Setback line"
means a line established by the provisions of Article 19 of this chapter to govern the placement of buildings or structures with respect to lot lines, streets, or alleys.
"Sign"
means any advertising display or structure.
"Sign, non-appurtenant"
means a sign erected on any property, which sign is not used exclusively to advertise the sale or lease of the property on which such sign is placed; to designate the name of the owner or occupant of the premises upon which such sign is placed or to identify such premises; or to advertise the business conducted, goods manufactured or produced, or services rendered on the property upon which such sign is placed.
"Single-room occupancy (SRO) facility"
means any building containing five or more guest rooms or units intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by residents, which is also the primary residence of those residents. The individual units shall lack either kitchen facilities or individual bathrooms, or both. If full kitchen and bathroom facilities are provided in any living unit, then that unit shall not be considered a single-room occupancy (SRO) unit for purposes of this section; it shall be considered a single family or multifamily residential unit, as the case may be. A single-room occupancy facility does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, hospitals, or similar use or other transient lodging facilities.
"Small family day care home"
means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 of the Health and Safety Code and as defined by regulation. A small family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home is where the day care provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
"Special event"
means temporary uses of property which are strictly limited in duration and frequency that do not involve any significant alterations of the land, improvements or construction of permanent structures that are not otherwise regulated by the provisions of this Code. Uses subject to obtaining a special event permit shall include temporary indoor or outdoor activities held inside or outside a building or an established permanent facility that is not typically approved for such activities.
"Special needs housing"
means housing for individuals who require assistance for disabilities that may be medical, mental, or psychological.
"Specific plan"
means a plan used to facilitate an annexation into the City that includes zoning the property with specified land uses, describes and maps circulation and transportation systems and provides utility designs needed to serve the area.
"Street"
means a public thoroughfare which affords the principal means of access to abutting property, including an avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this article.
"Street line"
means the boundary between a street right-of-way and property.
"Structural alteration"
means any change in the supporting members of a structure, such as bearing walls, columns, beams, or girders.
"Structure"
means anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground, including swimming pools, but excluding driveways, patios, and parking spaces.
"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 service that assists the supportive 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 (as defined by Government Code Section 65582). Supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
"Target population"
means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (as defined by Government Code Section 65582).
"Trailer court"
means land or premises used or intended to be used, let, or rented for occupancy by one or more trailers, or movable dwellings, rooms, or sleeping quarters of any kind.
"Transitional housing"
means a building or buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (as defined by Section 50675.2 of the Health and Safety Code). Transitional housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Transitional housing does not include state licensed residential care facilities.
"Use"
means the purpose for which land or a building is designed, arranged, or intended or for which either land or buildings are or may be occupied or maintained.
"Use, accessory"
means a use incidental or subordinate to, and devoted exclusively to the main use of a lot or a building located on the same lot.
"Use, nonconforming"
means a use which does not conform to the provisions for the district in which such use is situated.
"Yard"
means an open space, other than a court, on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted by the provisions of Article 18 of this chapter.
"Yard, front"
means a yard extending across the front of the lot between the side lot lines and measured from the front line of the lot to the nearest line of the building; provided, however, if any Official Plan Line has been established for the street upon which the lot faces, the front yard measurement shall be taken from such Official Plan Line to the nearest line of the building.
"Yard, rear"
means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.
"Yard, side"
means a yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard.
(§ 2.01, Ord. 342, as amended by § 1, Ord. 1095, eff. November 20, 2010, § 1, Ord. 1108, eff. July 5, 2013, § 7, Ord. 1119, eff. July 18, 2014, §§ 1, 2, Ord. 1174, eff. September 20, 2019, §§ 2, 3, Ord. 1182, eff. May 1, 2020, § 2, Ord. 1188, eff. December 2, 2020, § 2, Ord. 1189, eff. December 2, 2020, and §§ 2, 3, Ord. 1201, eff. December 2, 2022)

§ 9-3.202 Community and Economic Development Department: Director.

All references in this chapter referring to the Planning Department or the Planning Director shall be deemed to refer to the Community and Economic Development Department or the Community and Economic Development Director respectively.
(§ 16, Ord. 1137, eff. October 2, 2015)