There is adopted and codified in this title a zoning ordinance for the city of Mendota, state of California, said zoning ordinance establishing regulations pertaining to uses of land and uses, locations, height, bulk, size and types of buildings in certain districts of the city, specifying said districts; providing for the administration and enforcement of such regulations and prescribing penalties for violations thereof.

(Prior code § 13.01.001)

The zoning ordinance codified in this title is enacted to preserve and promote the public health, safety and welfare of the city and of the public generally and to facilitate development and expansion of the municipality in a precise and orderly manner. More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

A.

To foster a workable, stable and beneficial relationship among land uses, so as to achieve progressively the arrangement depicted on the general plan;

B.

To promote the stability of existing land uses which conform to the district in which they occur;

C.

To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the city at large;

D.

To prevent excessive population densities and overcrowding of the land with structures;

E.

To promote a safe, effective traffic circulation system and the provision of adequate off-street parking and truck loading facilities;

F.

To facilitate the appropriate location of community facilities and institutions;

G.

To coordinate policies and regulations of the city relating to the use of land with such policies and regulations of the county of Fresno in order to facilitate transition from county to municipal jurisdiction;

H.

To protect agricultural producers in areas of planned urban expansion.

(Prior code § 13.01.002)

This zoning ordinance shall consist of a zoning map designating certain districts and these regulations, controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the screening and landscaping of certain uses and structures, the areas and dimensions of sites and the provision of off-street parking and loading facilities.

A.

The zoning map on file with the city clerk is made a part of this title by reference with the same force and effect as if the boundaries, notations, references and information shown on said map were specifically described in this title.

B.

In order that zoning regulations be applied, all property in the city shall be considered to be classified in one of the districts established in this title, as approximately depicted on the official zoning map.

(Prior code § 13.01.003)

The districts established by the zoning ordinance and depicted on the zoning map are hereby designated as follows:

O — Open space and recreation district;

R-A — Single-family residential/agricultural district;

R-1-A — Single-family/low density residential district. Minimum twelve thousand (12,000) square feet per lot;

R-1 — Single-family/medium density residential district. Minimum six thousand (6,000) square feet per lot;

R-2 — Medium/high density residential district. Minimum three thousand (3,000) square feet;

R-3 — High density multiple family residential district. Minimum one thousand five hundred (1,500) square feet lot area per dwelling unit;

R-3-A — High density multiple family residential district — one story. Minimum one thousand five hundred (1,500) square feet lot area per dwelling unit;

MHP — Mobilehome park district;

C-1 — Neighborhood shopping center district;

C-2 — Community shopping center district;

C-3 — Central business and shopping district;

S-C — Special commercial district;

M-1 — Light manufacturing district;

M-2 — Heavy manufacturing district;

P — Off-street parking district;

A-D — Airport development district;

UR — Urban reserve district;

P-F— Public facilities district;

PUD— Planned unit development district.

(Prior code § 13.01.004)

Whenever any uncertainty exists as to the boundary of a district as shown on the zoning map, the following regulations shall control:

A.

Where a boundary is indicated as a street, alley, railroad right-of-way, canal or other watercourse, the center line of such shall be considered to be the boundary line. In the event of abandonment, the property shall immediately become classified in the same district as the property adjoining the former street, alley, railroad right-of-way, canal or watercourse.

B.

Where a boundary line is indicated as following a lot or property line, it shall be construed as coinciding with the property ownership line.

C.

Where neither subsection A or B of this section applies, the boundary line shall be determined by the use of the scale designated on the zoning map.

D.

If further uncertainty exists, the planning commission, upon written request or on its own motion, shall determine the location of the boundary in question.

(Prior code § 13.01.005)

A.

Where property annexed to the city was previously in a particular zoning district of the county of Fresno, it may be retained in the similar city classification if such district is also provided for by this title.

B.

Where property annexed to the city has been classified by the city pursuant to prezoning provisions, such prezoning classification shall become effective at the same time that the annexation becomes effective. The method of accomplishing prezoning (determining the zoning that will apply to such property in the event of subsequent annexation to the city) shall be the same as that for the zoning of property within the city as provided by this title. Prezoning shall be recorded on the official zoning map in the same manner as zoning amendments but shall be identified by the use of parentheses enclosing the district symbols.

C.

Where property annexed to the city was not prezoned by the city nor classified in a county of Fresno zoning district which is also provided by this title, it shall be classified in the O district (open space and recreation district) until otherwise zoned pursuant to the amendment procedures prescribed in Chapter 17.08 of this code.

(Prior code § 13.01.006)

Amendment to the zoning map shall be adopted in the manner provided for changing district boundaries as prescribed in Chapter 17.08 of this code. Amendments shall be recorded on the official zoning map in the office of the city clerk and identified by a number corresponding to the ordinance adopting the amendment.

(Prior code § 13.01.007)

This title shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any city or county, including the city of Mendota, or any of its agencies; or by an authority or district organized under the laws of the state of California, all subject to the following exceptions:

A.

Public streets and alleys;

B.

Underground utility lines and facilities;

C.

Underground and overhead communication lines;

D.

Overhead electric distribution and transmission lines, not to include transmission and distribution substations;

E.

Railroad rights-of-way.

(Prior code § 13.01.008)

A.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements.

B.

Interpretations.

1.

Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the city planner shall have the authority and responsibility to interpret such terms, provisions, and requirements.

2.

Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the city planner relied to make the determination. The department shall keep a record of interpretations made pursuant to this section on file for future reference.

3.

Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the city planner determines that the earlier interpretation was in error or no longer applicable under the current circumstances.

4.

Right to Appeal. A code interpretation by the city planner may be appealed to the planning commission as provided in Section 17.08.050(H)(4).

C.

No provision of this title is intended to abrogate, repeal, annul or interfere with any existing ordinance of the city, except as specifically stated herein, or deed restriction, covenant, easement or other agreement between parties, provided that where this title imposes greater restrictions or regulations, this title shall control.

D.

Except as otherwise provided in this title, these regulations shall be considered a continuance of Ordinance 180 as amended.

(Prior code § 13.01.009; Ord. No. 24-02, § 1(Exh. A), 5-28-2024)

A.

All valid special use permits and valid variances heretofore issued pursuant to the provisions of Ordinance 180 shall continue in effect until otherwise revoked or terminated and shall be subject to all conditions governing the same and also subject to the provisions relating to such similar permits as set forth in this title.

B.

Any use or structure existing in violation of said ordinance or any nonconforming use or structure which is also a violation or nonconforming use or structure by the provisions of this title, shall be deemed a continuing violation or nonconforming situation.

C.

Any structure or part thereof erected, altered or moved into any district, on any site, lot or property shall be used only for the purposes and in the manner intended as permitted or conditional, and all structures or sites, or any portion thereof, shall be developed or maintained only in complete conformity to the area, frontage, width, coverage, yard, height, separation, parking and other property development standards hereinafter designated for the district in which such structure or site is located.

D.

Contiguous properties may be combined and used as a single site or property and may be subdivided or split into separate sites provided that the parcels resultant from the combination or division are equal to or exceed the requirements of this title.

(Prior code § 13.01.010)

A.

Construction and Terminology. The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title.

1.

Words used in the present tense include the future tense.

2.

Words used in the singular include the plural, and words used in the plural include the singular.

3.

The word "shall" is mandatory; the word "may" is permissive.

4.

The word "used" includes the words "arranged for, designed for, occupied or intended to be occupied for."

B.

General Terminology.

1.

The word "assessor" means the county assessor of the county of Fresno.

2.

The word "building" means and includes the word "structure."

3.

The word "city" means the city of Mendota.

4.

The word "commission" means the planning commission of the city.

5.

The words "council" or "city council" mean the city council of the city.

6.

The word "county" means the county of Fresno.

7.

The words "county recorder" mean the county recorder of the county of Fresno.

8.

The word "federal" means the government of the United States.

9.

The words "planning official" mean and refer to the planning director or planning consultant. If there is no planning director or consultant, it shall refer to the city manager, building official, city clerk or other employee of the city designated by the commission to act in the capacity of planning official.

10.

The word "state" means the state of California.

11.

The words "zone map" mean the official zone map of the city which is a part of the comprehensive zoning ordinance of the city.

12.

The words "zoning ordinance" or "ordinance" mean the comprehensive zoning ordinance of the city.

13.

The words "special permit," when used in reference to a procedure provided in this zoning ordinance, mean a conditional use permit, site plan approval or variance, as the case may be.

C.

Specific Definitions. Certain words are defined below to clarify their use for the purposes of this title. Where a definition is not supplied or where a question of interpretation is raised, the definition shall be the normal meaning of the word within the context of its use, or as clarified by the planning commission.

"Abut" means as follows: two adjoining parcels of property, with a common property line, are considered in this title as one parcel abutting the other, except where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than eight feet in a single direction.

"Access or access way" means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this zoning ordinance.

"Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same lot. Except in the case of garden structures, if an accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building.

"Accessory dwelling unit" means an attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007.

"Accessory living quarters" means living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

"Accessory use," "accessory building," or "accessory structure" means a use, building, or structure that is incidental, related, appropriate, and clearly subordinate to, and which does not alter, the principal use of the subject lot.

"Acre" means a full acre containing forty-three thousand five hundred sixty (43,560) square feet of area within property lines of a lot or parcel.

"Adjacent" means near, close or abutting; for example, an industrial district across the street or highway from a residential district shall be considered as adjacent.

"Advertising structure" means any notice or advertisement, pictorial or otherwise and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which is not on the property with such advertising structure.

"Alley" means any dedicated way intended for vehicular service to the rear or side of property served by a street. Buildings facing an alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.

"Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists, which will prolong the life of the structure.

"Amendment" means a change in the wording, context or substance of this title, and addition or deletion or a change in the zone district boundaries or classifications upon the zoning map.

"Apartment 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, including all necessary domestic household employees of each such family.

"Apartment hotel" means a multiple dwelling which, in addition to dwelling units, has one or more guest rooms.

"Auto accessory parts (new) retail sales means and includes the sale of differential and transmission assemblies, engine blocks or heads and similar hard parts, radiators, tires and wheels, and tail pipes and mufflers. There shall be no machine work or repairs or installation of merchandise permitted on the premises, nor shall there be a service garage or automobile service of any kind.

"Automobile service station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto and limited to:

1.

Retail sale of gasoline, oil, tires, batteries and new accessories;

2.

Automobile washing, not including mechanical car wash or steam cleaning;

3.

Incidental washing and polishing;

4.

Tire changing and repairing (but not including recapping);

5.

Battery service, charging and replacement but not including repair or rebuilding;

6.

Radiator cleaning and flushing, but not including repair or steam cleaning;

7.

Installation of minor accessories;

8.

The following aspirations if conducted wholly within an enclosed building:

a.

Lubrication of motor vehicles,

b.

Brake adjustment, replacement of brake cylinders and brake fluid lines,

c.

The testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, generators, points, rotors, spark plugs, voltage regulators, fuel pumps, water hoses or wheel balancing.

"Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of three or more motor vehicles which have not been capable of operating normally for thirty (30) days or more shall constitute prima facie evidence of a motor vehicle wrecking yard.

"Bakery, retail" means establishments primarily engaged in the retail sale of bakery products such as bread, cakes and pies and which produce some or all of the products on the premises.

"Bar" means any business at which alcoholic beverages are consumed on site including establishments serving food as well as alcoholic beverages. Any business which is by this definition a bar is also a commercial use.

"Basement" means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining finished grade; if the finished floor level directly above a basement is more than six feet above finished grade at any point, such space shall be considered a story.

"Bicycle shop" means a business devoted to retail sales, service or repair of bicycles which are not powered by any type of mechanical device.

"Billboard" means the same as an "advertising structure."

"Block" means properties abutting one side of a street and lying between the two nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided land or watercourse.

"Boarding or rooming house" means the rental or leasing of space within a residential building for sleeping and/or other lodging purposes, to three or more persons:

1.

Each of whom pays compensation independent of the payment of compensation by the other paying occupant(s) of the premises; and

2.

The paying occupants of the premises share the use of common areas, including one or more of the following: living room(s), bedroom(s), hallway(s), kitchen area(s), bathroom(s) and exterior entrance(s).

Boarding or rooming houses do not include rest homes.

"Breezeway" means a roofed passageway, open on at least two sides where the roof is structurally integrated with the structure of the main building. A fence or wall not exceeding six feet in height may be permitted on one side of said breezeway.

"Building" means a permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind. House trailers and other vehicles, unless permanently immobilized and on permanent foundation, shall not be deemed to be buildings.

"Building, area of" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

"Building, height of" means the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

"Building, main" means a building within which is conducted the principal use permitted on the lot or site as provided by this title.

"Building, setback line" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation of any building or structure related thereto.

"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 space as is required by the terms of this title, and having its principal frontage on a street, road, highway or waterway.

"Business, retail" means the retail sale of any article, substance or commodity for profit or livelihood, conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind.

"Business, wholesale" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

"Caretaker's residence" means a single-family residence on the same property with, or an abutting property owned by the owner of, a commercial or manufacturing use which residence is occupied by one or more persons charged with care or protection of facilities used in such commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other thing of value other than his service.

"Carnival" means a group of two or more devices or acts subject to council approval, operated or conducted for five days or less from time of set up and, in conjunction with an established business for the purpose of attracting the public or to advertise a product, idea or program.

"Carport" means an accessory structure or portion of a main structure open on two or more sides, designed for the storage of motor vehicles, without full enclosure.

"Car wash, self service" means any occupancy which provides for automobile washing to be done by the customer. There shall be no employees other than servicemen who check and maintain equipment and supervise the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units and one horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound.

"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.

"Certified recycling facility" or "certified processor" shall mean a recycling facility certified by the State of California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

"Church" means a permanently located building commonly used for religious worship fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.

"Clinic" means a place for the provision of group medical services, not involving overnight housing of patients.

"Club" means an association of persons for some common nonprofit purposes, but not including groups organized primarily to render service which is customarily carried on as a business.

"College" means an educational institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges.

"Commercial districts" means the C-1, C-2, C-3 and SC zoning districts.

"Commercial office" means any administrative or clerical office maintained as a business or any office established by a public service over which this title has jurisdiction, other than a professional office.

"Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.

"Contiguous" means the same as "abut."

"Convalescent home" means "rest home."

"Convenience market" means and includes a liquor store, within which all or the majority of the floor area for retail sales is located for the sale of alcoholic beverages. This category, however, does not include a full-service grocery store containing less than five thousand (5,000) square feet.

"Corner cut-off" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys or private driveways.

"Cottage food operation" shall hold the same definition as contained in Section 113758 of the California Health and Safety Code.

"Coverage" means the same as "lot coverage."

"Crime prevention plan" means a written implementation plan developed by the applicant in conjunction with the police chief which outlines a crime prevention program and other safety enhancement measures to be incorporated into a development.

Cul-de-sac. See "Lot, cul-de-sac."

Curve lot. See "Lot, curve."

"Dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in location.

"Day" means a calendar day.

"Day nursery" or "child care nursery" means any group of buildings, building or portion thereof used primarily for the daytime care of children with or without compensation.

"Directional signs" means any sign which contains only the name, location of building, services and/or occupants that are not located on the parcel upon which the sign is located. Said signs are separate from and are not to be construed as an advertising structure.

"District" means a zoning district established by this zoning ordinance.

"Drainage channel" means any existing or proposed open ditch, open culvert or open channel, naturally created or designed to transmit water for flood control or irrigation purposes.

"Drugstore" means a retail store engaged in the sale of prescription drugs and patent medicines, carrying related items such as cosmetics and toiletries and such unrelated items as tobacco and novelty merchandise. Such as may also include a soda fountain or lunch counter.

"Dump" means a place used for the disposal, abandonment or discarding of garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.

"Duplex" means the same as "dwelling, two-family."

"Dwelling" means a building or portion thereof designed exclusively for residential purposes, including one-family and multiple dwellings, but not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, nursing homes, child care nurseries, or mobile homes (with or without wheels) except in the MHP district.

"Dwelling, one-family" means a detached building designed exclusively for occupancy by or occupied by one family for residential purposes.

"Dwelling, multifamily" or "multiple" means a building designed exclusively for occupancy by or occupied by two or more families living independently of each other, e.g. duplexes, triplexes, townhouses or apartments.

"Dwelling, two-family" means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family.

"Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.

"Easement" means a space on a lot or parcel of land reserved for or used for public uses.

"Educational institutions" means public or other nonprofit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research and religious institutions. Such institutions do not include schools, academies or institutes, incorporated or otherwise, which operate for a profit nor does it include commercial or trade schools.

"Electric distribution substations" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.

"Electrical transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power-producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.

"Emergency shelter" means housing with minimal support 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. Medical assistance, counseling, and meals may be provided. Emergency shelter also means navigation centers, bridge housing, and respite or recuperative care.

"Family" means one or more persons living in a dwelling.

"Farm labor camp" means the same as "labor camp, farm."

"Feed lot" or "feed yard" means a lot or portion of a lot used for the enclosing of livestock for market, and not operated in connection with a bona fide farm.

"Fence" means any structural device forming a physical barrier which is so constructed that not less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air or vision through said surface in the horizontal plane.

"Filling station" means the same as "automobile service station."

"Flood control channel" means the same as "drainage channel."

"Floor area." Whenever the term "floor area" is used in this zoning ordinance as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories or basement of said structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed porches.

"Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot.

"Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for five but not more than fifteen (15) persons other than members of the resident family, excepting a nursing home as defined in this section.

"Garage, repair" means a building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

"Garage, storage" means any premises used exclusively for the storage of vehicles.

"Grade" means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five (25) feet in a horizontal distance of one hundred (100) feet would be expressed as a grade of twenty-five (25) percent (See also "slope").

"Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.

"Group home, small" means shared living quarters for six or fewer persons without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis.

"Group home, large" means shared living quarters for seven or more persons without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis.

"Guest" means any transient person who occupies a room for sleeping purposes.

"Guest house" means the same as "accessory living quarters."

"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, having no kitchen facilities, not including dormitories.

"Half-story" means a story under a gable, hip or gambrel roof, parts of which are not more than three feet above the floor of such story.

"Hedge" means a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.

"Height of building" means the same as "building, height of."

"Home for the aged" means the same as "rest home."

"Home occupation" shall mean a limited commercial or office profession conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the residential use of the property. For purposes of determining its compatibility with an underlying residential zoning district, a home occupation shall not in and of itself be considered a "commercial use."

"Hotel" means any building or portion thereof designed or used, or containing six or more guest rooms or suites of rooms, but not including any institutions in which human beings are housed or detained under legal restraint.

"Household pets" means the keeping of animals, fish, fowl, small birds; provided that there shall be not more than two mature animals, fowl and small birds of any one species provided that they shall be kept in a safe and sanitary manner; and keeping of other pets, provided that such other pets which are not kept exclusively within a dwelling shall be limited to not more than three adult animals, until such time that the keeping of animals as identified above becomes a commercial use as determined by the city council.

Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use. The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use or when any household pets are kept as an accessory use to lawfully maintain residences in other districts. The keeping of any animal not described in this section as a household pet shall not be deemed an accessory residential use.

"House trailer" means the same as "mobile home."

"Housing for the elderly" means housing consisting of at least eight units restricted to a person/persons sixty (60) years of age or older, or to a person/persons sixty (60) years or older plus spouse then residing with said elderly person.

"Industrial districts" means the M-1 and M-2 zoning districts.

"Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

"Intent" and "purpose" means that the commission and council, by the adoption of this zoning ordinance, have made a finding that the health, safety and welfare of the community will be served by the creation of the district and by the regulations therein.

"Junior accessory dwelling unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

"Kitchen" means any room or area intended or designed to be used for or maintained for the cooking, storing and preparation of food.

Labor Camp.

1.

"Labor camp" means any living quarters, dwellings, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, or other housing accommodations, including employee housing or labor supply camp, maintained in connection with any work or place where work is being performed, whether or not rent is involved, and the premises upon which they are situated or the are set aside and provide for parking of mobilehomes or camping of five or more employees by the employer.

2.

"Labor camp" as used in this title also includes any portion of any housing accommodation or property upon which housing accommodations are located, if all of the following factors exist:

a.

The housing accommodations or property are located in a rural area;

b.

The housing accommodations or property are not maintained in connection with any work or workplace; and

c.

The housing accommodations or property are provided by someone other than an agricultural employer or employers for any of the following:

i.

Temporary or seasonal residency,

ii.

Permanent residency, if the housing structure is a mobilehome or recreational vehicle, or

iii.

Permanent residency, if the housing structure is more than thirty (30) years old and at least fifty-one (51) percent of the units in the structure are occupied by agricultural employees.

3.

Labor camp, as defined by this section, does not include a hotel, motel, inn, tourist hotel or permanent housing.

"Landscaping" means and includes planting of vegetation of all types and the continued maintenance thereof in a normal, healthy condition and also includes exterior decoration, furniture and structures required by and indicated upon a site plan.

"Loading" means the removal or placement of any commodity in, on or from a vehicle of any type.

"Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress or egress.

"Local street" means a street or road primarily for service to abutting property.

"Lot" means:

1.

A single parcel of land for which a legal description is filed on record or the boundaries of which are shown on a subdivision map or record of survey map filed in the office of the county recorder.

2.

The term "lot" includes a part of a single parcel of land when such part is used as though a separate lot for all of the purposes of this title.

3.

The term "lot" includes two or more abutting lots when combined and used as though a single lot.

"Lot area" means the total horizontal area within the lot lines of a lot.

"Lot, corner" means a lot situated at the intersection of two or more streets which have an angle of intersection of not more than one hundred and thirty-five (135) degrees.

"Lot, corner, reversed" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.

"Lot, cul-de-sac" means a lot fronting on, or with more than one-half of its lot width fronting on, the turn-around end of a cul-de-sac street.

"Lot, curve" means a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of two hundred fifty (250) feet or less.

"Lot depth" means the horizontal length of a straight line connecting the bisecting points of the front and rear lot lines, but in no case shall the minimum lot depth and width required in any district take precedence over the minimum lot area required in that district. Lot depth shall also mean the average horizontal distance between the front and rear lot lines, measured at right angles to the lot width at a point midway between the side lot lines.

"Lot, interior" means a lot other than a corner lot.

"Lot line" means any line bounding a lot as defined in this section.

"Lot line, front" means the property line abutting a street.

"Lot line, rear" means a lot line not abutting a street which is opposite and most distant from the front lot line.

"Lot line, side" means any lot line not a front lot line or rear lot line.

"Lot, nonconforming" means a lot having less area or dimension than required in the district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the county recorder, which does not abut a public road or public right-of-way or approved private road right-of-way and which was lawfully created prior to March 23, 1965.

"Lot width" means the average 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.

"Lot, through" means a lot having frontage on two dedicated streets, not including a corner or reversed corner lot.

"Lot of record" means a lot held in separate ownership as shown on the records of the county recorder at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located.

"Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2.

Pets.

3.

The storage of possessions.

4.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

"Low barrier navigation center" means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

"Major street" or "major highway" means a highway with intersections at grade and on which partial control of access and geometric design and traffic control measures are used to expedite the safe movement of traffic.

"Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths or similar practitioners of the healing arts; including accessory laboratory and prescription pharmacy uses, but not including offices for veterinarians.

"Minor" means any person under the age of majority as determined by the state of California.

"Mobilehome" or "manufactured home" means a residential building or dwelling unit which is either wholly or partially constructed or assembled off the site in accordance with regulations adopted by the Commission of Housing and Community Development of the state. Manufactured homes shall be placed on a permanent foundation.

"Mobilehome park" means any area or tract of land where two or more mobilehomes or mobilehome sites are rented or leased to accommodate residential use.

"Motel" means a building or group of buildings containing individual sleeping or living units, designed primarily for use by automobile tourists or transients, where a majority of such units open individually and directly to the outside. An establishment shall be considered a motel, in any case, when required by the Health and Safety Code of the state of California to obtain the name and address of the guests and a description of their vehicle and license.

"Nonconforming building" means a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations.

"Nonconforming use" means a lawful use when established but which does not conform to subsequently established zoning or zoning regulations.

"Nursery school" means the same as "day care."

"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.

"Office" means a business or commercial establishment for the rendering of service, administration or consultation but excluding retail services.

"Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, and either:

1.

Advertising a use not located on the site or a product not produced on the site where it is located; or

2.

Exceeding three hundred (300) square feet in area. See "advertising structure" and "sign."

"Parking area, private" means an area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking spaces are for more than four cars.

"Parking area, public" means an area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.

"Parking district" means the same as the P district.

"Parking space" means an area, other than a street or alley, reserved for the parking of an automobile, plus such additional area as is necessary to afford adequate access thereto.

"Patio, covered" means the same as "structure."

Pets. See "household pets."

"Permanent" means to endure, remain, to continue or endure without fundamental or marked change.

"Person" means any natural person, partnership, cooperative association, private corporation, public corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Pharmacy. See "drug store."

"Planned unit development" means developments which may combine permitted and conditional uses of the district, a variety of dwelling types and/or, where appropriate, other related uses in a manner which might not be possible by strict adherence to the regulations of this title but which, because of careful design and arrangement, are made harmonious and functional uses within the site, the vicinity and the district in which they are located.

"Professional office" means any building or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, accountant, optometrist, doctor, dentist and other similar professions but shall not include other medical buildings or commercial offices.

"Property line" means the same as "lot line."

"Public building and uses" means buildings, structures and use of land, maintained by federal, state, county or city government or agency thereof, or by any school district or other special district created by law, in either a governmental or proprietary capacity.

"Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of mainline or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, employee housing, yards or other uses are located.

"Ramada" means an arbor or pergola-like structure.

"Recreation vehicle" means a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty (220) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

"Recycling facility" shall mean a facility for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated on those premises. Recycling facilities may include the following:

1.

"Collection facility." A collection facility shall mean a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in "Recycling facilities criteria and standards" as adopted or amended by the city council. Collection facilities may include the following:

a.

Reverse vending machine;

b.

Small collection facilities occupying not more than five hundred (500) square feet, which may include:

i.

A mobile unit;

ii.

Bulk reverse vending machines occupying more than fifty (50) square feet;

iii.

Kiosk-type units that may include permanent structures;

iv.

Unattended containers placed for the donation of recyclable materials.

c.

Large collection facilities that occupy an area greater than five hundred (500) square feet and may include permanent structures.

2.

"Processing facility." A processing facility means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and/or remanufacturing. Processing facilities include the following:

a.

A light processing facility occupies an area under twenty thousand (20,000) square feet of gross collection, processing, and/or storage, and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous materials other than food and beverage containers.

b.

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

"Residence" means a building used, designed or intended to be used as a home or dwelling place, for one or more families. "Residential districts" means the following districts: R-A, R-1-A, R-1, R-2, R-3, R-3-A and MHP.

"Residential care facility" means a facility that is licensed by the State of California to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions.

"Restaurant" means an establishment which serves food or beverages only to persons seated within the building. This includes cafes and tea rooms.

"Restaurant/bar" means any establishment which, under this section is a bar, but which has met the requirements of this definition. An establishment may be classified as a restaurant/bar if, but only if:

1.

Pursuant to the applicable CUP process, classification as a restaurant/bar is requested;

2.

At least fifty-one (51) percent of the establishment's annual on-site sales is related to on-site food sales; and

3.

At least seventy-five (75) percent of the establishment's floor area is dedicated for use as a restaurant.

As part of the classification application, the applicant shall provide such books and records to the city finance director so that the city finance director may report to the planning commission as to compliance with requirement 2. above. In addition, the planning commission may, at its option, but no more often than annually, require an audit of the establishment to insure compliance with requirement 2. above. The serving of alcoholic beverages in a restaurant/bar is expressly subject to such restrictions, including the regulation of the times during which such activity is permitted, as provided in Section 17.08.050(G)(4).

"Rest homes" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing homes.

"Reverse vending machine" shall mean an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of a certified recycling facility, grouping of multiple reverse vending machines may be necessary.

"Rezoning" means the same as "zoning district, change of."

"Road" means the same as "street."

"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.

"School, elementary, junior or high" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels.

"School, trade" means schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization.

"Servant's quarters (separate)" means complete living quarters either attached or detached from that of the main dwelling, including kitchen facilities but not rented or used for permanent or temporary living quarters by members of the family.

"Service station" means the same as "automobile service station."

"Setback line, front yard" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established.

"Setback line, rear yard or side yard" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.

"Sign" means any lettering or symbol made of paint, paper, wood, metal or any other material, which is painted, attached, constructed or otherwise placed where it is visible from the exterior of any buildings or enclosed fenced areas, but not including window display signs which are not directly affixed to or painted on the window surface.

"Sign area" means the total exterior surface of a sign, including all sides of a sign having more than one surface unless otherwise specified, and including spaces between or within letters and symbols.

"Significant tobacco retailer" means any tobacco retailer engaged in the sale and/or distribution of tobacco products or paraphernalia to the general public, excluding wholesale business, that either devotes twenty (20) percent or more of floor area or display area to, or derives seventy-five (75) percent or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia.

"Single room occupancy (SRO)" means a residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer.

"Site" means a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure. Generally used with the same meaning as "lot."

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land.

"Site plan review" means the review by a site plan which shows the manner in which the applicant intends to use and develop the property.

"Slope" means a natural or artificial incline, as a hill-side or terrace. Slope is usually expressed as a ratio.

"Smoke detector" means a device which detects visible or invisible particles of combustion.

"Story" means a space in a building between the surface of any floor and the surface of the next floor above, or if there is no floor above, then the space between such floor and the ceiling or roof above.

"Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the pre-mapal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in this zoning ordinance.

"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building, but not including a fence, a wall used as a fence, landscaping or other improvements excepted by this title.

"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 residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use, and is allowed in all districts that allow residential uses subject only to the requirements and restrictions that apply to other residential uses of the same type in the same district.

"Swimming pool" means a structure containing a body of water intended for swimming, wading, and related activities. A swimming pool may be a primary structure or an accessory structure within the context of the overall use of a site. Swimming pool shall include wading pools and hot tubs. It does not include facilities that are temporary in nature and/or those that can be set up and removed annually.

"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 (Welfare and Institutions Code § 4500 et seq.), 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.

"Temporary" means a short period of time as reasonable within the context or for the use.

"Temporary sign" means a sign that is installed, erected, or displayed on the property of a business advertising the opening, establishment, or new location of a business, change of ownership of the business, or sales related to the opening or closing of that business.

"Tire, battery and accessory parts retail sales and service store" means an occupancy for the retail sale and installation of automobile tires, batteries and other automobile parts and accessories wherein all activity including storage, shall be conducted completely within a building designed and intended for this purpose. Such occupancy shall exclude the sale and installation of differential and transmission assemblies, engine blocks or heads, and similar hard parts and radiators, and shall also exclude machine work, tire recapping, retreading, rebuilding and vulcanizing, battery repair or rebuilding, or general automobile repair, except as permitted in an automobile service station.

"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, and any other item designed for the smoking, use or ingestion of tobacco products.

"Tobacco products" means any substance containing any tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

"Tobacco retailer" means any person who sells, offers for sale, or offers to exchange for any form of consideration, tobacco, tobacco products, and/or tobacco paraphernalia.

"Trailer sales and service lot" means an open area where trailers or mobilehomes are sold, leased or rented, but where no repairs, repainting or remodeling are done and where no trailers or mobilehomes are occupied as a dwelling.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating 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. Transitional housing is a residential use, and is allowed in all districts that allow residential uses subject only to the requirements and restrictions that apply to other residential uses of the same type in the same district.

"Travel trailer" means a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the Vehicle Code.

"Travel trailer park" means any area or tract of land where one or more travel trailer sites are rented or leased to accommodate travel trailers.

"Truck parking" means the parking of trucks including "bob tail" trucks in the rear yard only, but restricting five-ton or greater diesel trucks or rigs in designated districts. All other trucks allowed on streets or lots in conformance with the city truck ordinance.

"Truck service station" means an occupancy which provides especially for the servicing of trucks with incidental operations similar to those permitted for "automobile service stations."

"Use" means the purpose for which a site or structure is designed or intended or for which either a site or structure is or may be occupied and maintained.

"Utility easement" means the same as "easement."

"Wading pool" means the same as "swimming pool."

"Wall" means any structure or device forming a physical barrier, which is so constructed that fifty (50) percent or more of the vertical surface is closed and prevents the passage of light, air and vision through said surface in a horizontal plane.

"Warehousing" means a building or buildings used for the storage of goods of any type, when such building or buildings contains more than five hundred (500) square feet of storage space, and where no retail operation is conducted.

"Wholesaling" means the selling of any type of goods for the purpose of resale.

"Yard" means a space on a lot on which no structures are allowed. A required yard extends across the full width or length of a lot parallel to the lot lines from which such yards are required.

"Yard, front determination" means the narrowest portion of lot, abutting a street. In no case shall the front yard be determined by the placement of a structure, or include an alley accessway or railroad right-of-way.

"Yard, front" means a space between the front yard setback line and the front lot line or highway setback line and extending the full width of the lot.

"Yard, rear" means a space between the rear yard setback line and the rear lot line, extending the full width of the lot.

"Yard, side" means a space extending from the front yard, or from the front lot line where no front yard is required by this zoning ordinance, to the rear yard or rear lot line, between a side lot line and the side yard setback line.

"Zone" means the same as "district," as defined and described in this section.

"Zoning district, change of" means the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the official zone map of the city.

(Ord. 03-02 (part), 2003; Ord. 99-01 § 1, 1999; Amended during 1995 codification; Ord. 91-02 § 1, 1991; Ord. 94-07 § 1, 1994; Ord. 93-10 § 1, 1993; prior code § 13.01.011)

(Ord. No. 11-01, §§ 3, 4, 3-22-2011; Ord. No. 12-05, § 2, 4-24-2012; Ord. No. 14-05, § 2, 9-9-2014; Ord. No. 15-04, § 2, 4-28-2015; Ord. No. 15-08, § 1, 7-14-2015; Ord. No. 17-04, § 1, 4-25-2017; Ord. No. 24-02, § 1(Exh. A), 5-28-2024)