For the purpose of carrying out the provisions of this code, the words, phrases and terms included here shall be deemed to have the meanings ascribed to them as set forth in this chapter.

(Prior code § 9220)

"Abut," "Adjoining" or "contiguous" means two or more lots or parcels of land sharing a common boundary line.

(Prior code § 9220.1 (1))

"Access" means a means of pedestrian or vehicular entry or exit from property.

(Prior code § 9220.1 (2))

"Accessory building" means a detached building, or structure, the use of which is subordinate and incidental to that of the main building, structure or use on the same lot. Such buildings, except garages, shall be limited in size to five hundred square feet. Any such building used for human habitation shall include accessory buildings, family rooms, rumpus rooms, guest rooms (houses), or any other room which may be used for living purposes.

(Prior code § 9220.1 (3))

"Accessory dwelling unit" means an independent dwelling unit located in any of the residential zones, and in the case of single-family zoning districts (R-1 and R-A zones), on a lot that has only one previously-existing single-family dwelling unit prior to the addition of the accessory dwelling unit which is smaller than and visually subordinate to the previously existing single-family dwelling unit, and which may be an internal remodeling of, or attached to or detached from the previously existing single-family dwelling unit. Accessory dwelling units may also be referred to as "second dwelling units" within this title, and both terms may be used interchangeably herein.

(Ord. 2274 § 1, 2004: Ord. 2109 § 5, 1994)

"Accessory use" means a use customarily incidental and related, but clearly subordinate to the principal use allowed on the lot. The use of the accessory building must not alter the character of the use of the principal building.

(Prior code § 9220.1 (4))

"Adjacent" means lots or objects which are located in close proximity to each other (separated only by an alley, street, highway or recorded easement).

(Prior code § 9220.1 (5))

"Adjoining room" means any room in which one half of the area of the common wall with another room is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five square feet, whichever is greater.

(Ord. 2022 § 5 (b), 1990: prior code § 9220.1 (6))

"Airport" means any area of land or water which is used or intended to be used for the landing and take off of aircraft and any related areas used or intended to be used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities. Airport includes heliport and helistop.

(Prior code § 9220.1 (7))

"Alley" means a secondary public or private way, that affords a means of access to abutting property.

(Prior code § 9220.1 (8))

"Amendment" means a change in wording, context or substance of this code, or a change in the zoning maps, which are part of this code when adopted by ordinance of the city council in the manner prescribed by law.

(Prior code § 9220.1 (9))

"Amusement arcade" means any place or premises where the game area of coin-operated amusement game machines exceeds twenty-five percent of the total floor area of any use. If amusement game machines occupy less than twenty-five percent of the total floor area, they shall be considered an accessory use.

(Prior code § 9220.1 (10))

"Amusement game machine" means a coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin, token or similar object, and may be operated by the public for use as a game, entertainment or amusement. It includes devices commonly referred to as pinball machines and video game machines.

(Prior code § 9220.1 (11))

"Apartment" means a room or suite of two or more rooms in a multiple dwelling structure, suitable for occupancy as a rental residence.

(Prior code § 9220.1 (12))

"Bachelor apartment" means a dwelling unit in an apartment building that combines sleeping, living, cooking and dining facilities into not more than two rooms.

(Prior code § 9220.1 (13))

"Area" means net area unless otherwise specified.

(Prior code § 9220.1 (14))

"Net area" means that area of a lot or parcel of land exclusive of:

A.

Public alleys, highways or streets; or

B.

Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or

C.

Other public or private easements where the owner of the parcel does not have the right to use the entire surface of the land.

(Prior code § 9220.1 (15))

"Assessor" means the assessor of the county of Los Angeles.

(Prior code § 9220.1 (16))

"Bedroom" means a room marketed, designed or otherwise likely to function primarily for sleeping.

(Prior code § 9220.2 (1))

"Building" means any structure having a roof, but excluding all forms of vehicles even though immobilized.

(Prior code § 9220.2 (2))

"Enclosed building" means a building enclosed on all sides.

(Prior code § 9220.2 (3))

For purposes hereof, the number of floors in a building shall be counted from the lowermost floor to the uppermost floor and shall include subterranean off-street parking areas.

(Prior code § 9220.2 (4))

"Building height" means the vertical distance, measured in feet, from the highest point of the building or structure, to the ground level grade.

(Prior code § 9220.2 (5))

"Building" means a building or buildings in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

(Prior code § 9220.2 (6))

"Building site" means:

A.

The ground area of one lot; or

B.

The ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces required by this code.

(Prior code § 9220.2 (7))

"Cabana" means an accessory building used in conjunction with a swimming pool and containing only dressing rooms and shower facilities.

(Prior code § 9220.3 (1))

"Carport" means a permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage.

(Prior code § 9220.3 (2))

"Catering truck service yard" means a facility that allows for the overnight storage of catering/lunch trucks, ice cream trucks, or similar type of vehicles, and may include a commissary, wash racks, and maintenance facilities.

(Ord. No. 2342, § 3, 6-22-2011)

"Cemetery" means land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. Cemetery includes columbaria, crematories and mausoleums, and may include mortuaries and chapels when operated in conjunction with and within the boundary of such cemetery.

(Prior code § 9220.3 (3))

See Day care/Nursery school.

(Prior code § 9220.3 (4))

"City" means the city of Montebello.

(Prior code § 9220.3 (5))

"Private club" means any building or premises used by an association of persons (whether incorporated or not) organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

(Prior code § 9220.3 (6))

"Code" means the Montebello Municipal Code.

(Prior code § 9220.3 (7))

"Commission" means the planning commission of the city of Montebello, California.

(Prior code § 9220.3 (8))

"Condominium" shall be the same as defined in Civil Code Section 1350.

(Prior code § 9220.3 (9) (part))

"Air space condominium" means a condominium unit in which the individual ownership interest consists of a fee simple, estate for life, or estate for years in the air space enclosed by the unit, extending to but excluding the unfinished interior walls, ceilings, and floors of the unit.

(Prior code § 9220.3 (9) (a))

"Townhouse condominium" means a condominium unit consisting of an independent building with exterior walls, situated upon a separate parcel of land which is at least coextensive with the perimeter of the unit. The individual ownership interest in a townhouse condominium consists of a fee simple, estate for life, or estate for years in the entire unit, including the exterior walls and the underlying land. The definition herein shall not preclude an individual unit in a townhouse condominium project from being attached to another unit.

(Prior code § 9220.3 (9) (b))

See Lot, corner.

(Prior code § 9220.3 (10))

"County" means the county of Los Angeles.

(Prior code § 9220.3 (11))

"Court" means an open space, bounded on two or more sides by the walls of a building.

(Prior code § 9220.3 (12))

"Day care/Nursery school" means a facility with an organized program for daytime supervision and care of children.

(Prior code § 9220.4 (1))

"Dedication" means the transfer of property interests from private to public ownership for a public purpose.

(Prior code § 9220.4 (2))

"Disabled vehicle" means a vehicle which is not operable by reason of the removal of, or damage to, integral component parts.

(Prior code § 9220.4 (3))

"Dissemble" means the same as dismantle.

(Prior code § 9220.4 (4))

"Dismantle" means the removal or stripping of one or more integral component parts from a vehicle.

(Prior code § 9220.4 (5))

"Driveway" means paved access to an off-street parking facility.

(Prior code § 9220.4. (6))

"Drive-in establishment" means any use that provides for the delivery of any goods or services directly to the occupants of motor vehicles by any means including service windows and personal service by employees.

(Prior code § 9220.4 (7))

"Dump" means an area devoted to the disposal of refuse and salvage, including incineration, reduction or the dumping of ashes, garbage, combustibles or noncombustibles or offal.

(Prior code § 9220.4 (8))

"Duplex" means two-family dwelling.

(Prior code § 9220.4 (9))

"Attached dwelling" means two or more adjoining dwelling units, each of which is separated from the others by one or more unpierced walls from ground to roof, and each containing only one kitchen.

(Prior code § 9220.4 (12))

"Multiple-family dwelling" means two or more dwelling units, each of which is attached side to side, each one sharing common wall(s) with the other(s), and each containing only one kitchen. (See Triplex.) Prior code § 9220.4 (13))

"Single-family detached dwelling" means a building designed for occupancy by one family and containing one dwelling unit having no roof, wall or floor common with any other dwelling unit, and containing only one kitchen.

(Prior code § 9220.4 (11))

"Dwelling unit" means any building or portion thereof which is designated or used for residential purposes for not more than one family, and containing only one kitchen.

(Prior code § 9220.4 (10))

"Educational institution" means any public or private school, giving general academic instruction.

(Prior code § 9220.5 (1))

"Efficiency living unit" means any room having cooking facilities and used for combined living, dining and sleeping purposes.

(Prior code § 9220.5 (2))

"Electric distribution substation" means the electric power equipment which receives electric energy at a subtransmission voltage, and transforms it to a lower voltage for distribution for general customer use.

(Prior code § 9220.5 (3))

"Electric transmission substation" means the electric power equipment which receives electric energy at a very high voltage from its source of generation, by means of a network of high-voltage lines, and which by means of transformers transforms to a lower subtransmission voltage for the purpose of supplying electric power to large individual customers, or interconnections with other power-producing agencies or electric distribution substations for transformation to still lower voltage for distribution to smaller individual use.

(Prior code § 9220.5 (4))

"Explosives" means any explosive substance as defined by the city fire marshal.

(Prior code § 9220.5 (5))

"Factory-built housing" means residential buildings (including those for institutional care) which are wholly or in part at an off-site location such that all concealed parts or systems cannot be inspected without damage, disassembly or destruction of the parts or units. These units are regulated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 19990. "Factory-built housing" does not include a mobile home, mobile accessory building, recreation vehicle or commercial coach.

(Prior code § 9220. 6 (1))

"Family" means an individual; two or more persons related by blood, marriage or adoption; or any other bona fide single housekeeping unit consisting of a group of persons, all of whom voluntarily reside together in one dwelling on a relatively permanent basis and share the use of the entire dwelling unit.

(Prior § 9220.6 (2))

"Gross floor area" means the total horizontal area of all the floors in a building included within the surrounding walls, exclusive of vent shaft and courts.

(Prior code § 9220.6 (3))

"Floor area ratio" means a ratio derived by dividing the total floor area of all buildings (excluding subterranean parking area more than fifty percent below ground level) by the base site area.

(Prior code § 9220.6 (4))

"Garage" means any building with not less than three enclosed sides and a door which can be closed, which is used or intended to be used for motor vehicle shelter or storage.

(Prior code § 9220.7 (1))

"Ground level grade" means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk.

(Prior code § 9220.7 (2))

"Guesthouse" means an accessory dwelling unit used by persons employed on the premises or temporarily by guests of the occupants of the main dwelling unit. Such units shall have no kitchen facilities, no more than two rooms, and not be rented or used permanently as another dwelling unit.

(Prior code § 9220.7 (3))

See Building height.

(Prior code § 9220.8 (1))

See Airport.

(Prior code § 9220.8 (2))

See Senior citizen's housing.

(Prior code § 9220.8 (3))

"Home Occupation" means an occupation, calling, trade or profession carried on by a resident in a dwelling unit, which serves as the primary place of business and is accessory to the residential use. The home occupation shall not change the integrity and residential character of the property or its neighborhood.

(Ord. No. 2360, § 3, 6-25-2014)

"Hospital" means an institution staffed and equipped to provide the various types of intensified hospital care, including, but not limited to, short-term care in acute medical, surgical and obstetrical services, but shall not include the treatment, other than on an emergency interim basis, of alcoholic or mental patients.

(Prior code § 9220.8 (4))

"Mental hospital" means an institution licensed by state agencies under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders above the age of five years but not licensed to provide facilities and services in surgery, obstetrics and general medical practice.

(Prior code § 9220.8 (5))

"Small animal hospital" means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats and other small animals and household pets.

(Prior code § 9220.8 (6))

"Hotel" means any building, group of buildings, or portion of any building with guestrooms, which have no cooking facilities, and which rooms are designed, intended to be used or are used, rented or hired out as temporary overnight accommodations for guests.

(Prior code § 9220.8 (7))

"Household" means all of the persons living together in a single housekeeping unit in a dwelling unit.

(Prior code § 9220.8 (8))

"Household pets" means any domesticated animal, maintained in residence with people. This definition excludes poultry and fowl.

(Prior code § 9220.8 (9))

"Impound yard" means a facility where impounded vehicles whether operative or inoperative are temporarily stored pending their transfer to another location and which does not involve the business operator assuming title to any of the vehicles. No junkyards, parts salvage or sale, or similar activities are permitted as impounding.

(Ord. 2180 § 5, 1998)

"Institution" means an establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, education, or similar services to the public, groups or individuals.

(Prior code § 9220.9)

"Intermodal shipping container" means an industrial, standardized, reusable portable vessel that was originally, specifically or formally designed for use in the packing, shipping or transportation of goods or commodities, and designed to be mounted on a rail car, truck or ship. Intermodal shipping containers are also known as metal cargo containers, steel cargo containers, shipping containers, freight containers, portable storage containers, cargo boxes or sea vans. The outdoor storage of intermodal shipping containers shall not be permitted in any zoning codes of the city of Montebello unless a temporary use permit is granted pursuant to Section 12.16.010. Beginning on December 8, 2021, a temporary forty-five-day suspension of all zoning restrictions will be imposed for the storage of intermodal shipping containers throughout the city for which a temporary use permit has been granted. This temporary suspension is subject to extension pursuant to Government Code Section 65858.

(Ord. No. 2446, § 2, 12-8-2021)

"Junk salvage yard" means premises used for the keeping or storage of junk, including, but not limited to, iron and scrap metals, paper, rags, glass, wood and similar materials and includes the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking operations. Junk and salvage yard also includes the baling of cardboard, cardboard boxes, paper and cartons.

(Prior code § 9220.10)

"Kennel" means any place in or at which four or more dogs or cats over the age of four months are kept for the purpose of sale or in connection with boarding care or breeding, whether or not any fee is charged.

(Prior code § 9220.11 (1))

See Lot, key.

(Prior code § 9220.11 (2))

"Kitchen" means any room or space designed to be used or used for the cooking and preparation of food.

(Prior code § 9220.11 (3))

"Land reclamation project" means a project established to restore otherwise unsuitable land to useful purposes through the use of fill materials such as rubbish, waste soil and other unwanted materials. Land reclamation project includes a dump or waste disposal facility.

(Prior code § 9220.12 (1))

"Landscaping" means the planting and maintaining of some combination of live trees, shrubs, vines, groundcovers, flowers or lawns. In addition, the combination or design may include natural features such as rock and stone, and structural features, including fountains, reflecting pools, artwork, screens, walls, fences and benches.

(Prior code § 9220.12 (2))

"Lot or parcel of land" means:

A.

A parcel of real property which is shown as a lot on a final subdivision map recorded in the office of the county recorder pursuant to the provisions of the Subdivision Map Act; or

B.

A parcel of land, the dimensions or boundaries of which are defined by a duly recorded record of survey map; or

C.

A parcel of land, the dimensions or boundaries of which are defined by a duly recorded lot split or parcel map.

(Prior code § 9220.12 (3))

"Lot area" means the area contained within the boundary lines of a lot. For lots included in a lot split or subdivision, any portion of a lot which is subject to an easement held by the city for any public purpose is excluded if the easement is part of the required front yard area. (See Exhibit 17.08.405.)

(Prior code § 9220.12 (4))

EXHIBIT 17.08.405

LOT DIMENSIONS

"Corner lot" means a lot abutting two or more streets at their intersection. (See Exhibit 17.08.410.)

(Prior code § 9220.12 (5))

EXHIBIT 17.08.410

LOT TYPES

"Lot depth" means the mean horizontal distance between the front lot lines and rear lot lines measured at right angles to the front lot lines. (See Exhibit 17.08.405.)

(Prior code § 9200.12 (6))

"Interior lot" means a lot other than a corner lot, reversed corner lot, or through lot. (See Exhibit 17.08.410.)

(Prior code § 9220.12 (7))

"Key lot" means the first lot to the rear of a reversed corner lot whether or not separated by an alley. (See Exhibit 17.08.410.)

(Prior code § 9220.12 (8))

"Front lot line" means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the front lot line shall be the line separating the narrowest street frontage of the lot from the street. (See Exhibit 17.08.405.)

(Prior code § 9220.12 (9))

"Rear lot line" means that lot line which is parallel to and the most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line ten feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. (See Exhibit 17.08.405)

(Prior code 9220.12 (10))

"Side lot line" means any lot line not a front lot line or a rear lot line.

(Prior code 9220.12 (11))

"Reversed corner lot" means a corner lot, the side lot line of which is a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of the reversed corner lot. (See Exhibit 17.08.410.)

(Prior code § 9220.12 (12))

"Through lot" means an interior lot having frontage on two streets. If the whole of any through lot is improved as one building site, the main building shall conform to the zone classification of the frontage occupied by such main building, and no accessory building shall be located closer to either street than the distance constituting the required front yard on such street. (See Exhibit 17.08.410.)

(Prior code § 9220.12 (13))

"Lot width" means the distance between the side lot lines measured at right angles to the line measuring the lot depth. The lot width of a required front yard setback, measured at the rear of the setback, shall not be less than the lot width required for the zone. (See Exhibit 17.08.405.)

(Prior code § 9220.12 (14))

"Machine shop" means a workshop in which metal and other substances are cut, shaped, etc. by machine tools (e.g. lathes).

(Prior code § 9220.13 (1))

See Fair market value.

(Prior code § 9220.13 (2))

"May" is permissive.

(Prior code § 9220.13 (3))

"Medical clinic" means any facility providing physical or mental health service, and medical or surgical care of the sick or injured, but does not include in-patient or overnight accommodations, nor the type of services rendered in a hospital, except upon an occasional and/or emergency basis. Medical clinic includes health centers, health clinics, community clinics, specialty clinics, and free clinics. Medical clinics are medical offices which do not necessarily require appointments, are often open beyond regular business hours, and serve a greater number of patients in a day than medical offices. All medical clinics must have a state clinic license (see California Health & Safety Code, Section 1600).

(Prior code § 9220.13 (4))

"Medical office" means any facility run by a physician or group of physicians, or psychologists, veterinarians, optometrists, chiropractors, and acupuncturists providing physical or mental health service, and medical or surgical care of the sick or injured, but does not include in-patient or overnight accommodations, nor the type of services rendered in a hospital, except upon an occasional and/or emergency basis. Generally, medical offices require appointments and are open only during regular business hours. Medical offices run by a physician or group of physicians are regulated by the Board of Medical Quality Assurance and are not required to be licensed by the state.

(Prior code § 9220.13 (5))

"Mobile home" means a housing unit manufactured and certified under the National Mobile Home Construction and Safety Standards Act of 1974 and attached to a permanent foundation. The term mobile home includes manufactured housing and factory-built housing.

(Prior code § 9220.13 (6))

"Mobile home park" means any lot or parcel of land where mobile home sites are rented or leased, or offered for rent or lease for one or more mobile homes.

(Prior code § 9220.13 (7))

"Motel" means any building, group of buildings or portion of a building with guestrooms having no kitchen facilities and having separate entrances leading directly from the outside of the building or interior court. These rooms are designed for rental for temporary or overnight accommodations for tourists or guests. One unit for use by a resident manager may have a kitchen.

(Prior code § 9220.13 (8))

See Dwelling, Multiple-family.

(Prior code § 9220.13 (9))

"Minimum dwelling unit size" means:

A.

Bachelor: four hundred square feet;

B.

Efficiency: five hundred square feet;

C.

One-bedroom: seven hundred square feet;

D.

Two-bedroom: nine hundred square feet;

E.

Three-bedroom: one thousand one hundred square feet.

Add two hundred square feet for each bedroom over three. Required floor area shall not include porches, garages, entries, terraces, patios or basements.

(Prior code § 9220.13 (10))

"Nonconforming building or structure" means a building or a structure, or portion of a building or structure, which was lawfully altered or constructed in accordance with the zoning regulations of the city in effect at the time, but which, by reason of the application of the provisions of this title, does not conform to the present regulations.

(Prior code § 9220.14 (1))

"Nonconforming use" means the utilization of land, building(s), structure(s), or any combination which, when established, conformed to the existing zoning regulations in effect at the time of establishment of such use, but which, by reason of the application of the provisions of this title, does not conform to the present regulations.

(Prior code § 9220.14 (2))

See Day Care.

(Prior code § 9220.14 (3))

"Nursing and convalescent hospital" means any place or institution which makes provision for bed care, or for chronic or convalescent care for one or more persons, exclusive of relatives of the operator or owner, who by reason of illness or physical infirmity are unable to properly care for themselves. Alcoholics, drug addicts, persons with mental diseases, persons with communicable diseases, including but not limited to contagious tuberculosis, shall not be permitted in nursing and convalescent hospitals.

(Prior code § 9220.14 (4))

"Open area" means all portions of a lot not covered by buildings. (See specific zones.)

(Prior code § 9220.15 (1))

"Usable open space" means:

A.

Any area designed, and to be used, for outdoor living and recreation;

B.

Or landscaping located on the ground or on an unenclosed balcony, deck or porch and shall include patios and deck areas of swimming pools;

C.

No portion of off-street parking space, driveways, accessory buildings, required front, rear, or five-foot side yards, or covered pedestrian walkways between buildings, shall constitute useable open space.

(Prior code § 9220.15 (2))

"Park" means the standing of a motor vehicle, other than for the purpose of loading or unloading merchandise or passengers.

(Prior code § 9220.16 (1))

"Off-street parking space" means a legally accessible area, not including driveways, ramps, loading or work areas, maintained exclusively for the parking of a motor vehicle.

(Prior code § 9220.16 (2))

"Subterranean parking" means a legally accessible area for parking of motor vehicles which is more than fifty percent below grade level.

(Prior code § 9220.16 (3))

"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, political subdivision, foreign country, or any other group or combination acting as a unit, except the city of Montebello.

(Prior code § 9220.16 (4))

"Planned development" and "planned unit development" means the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures, based on a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project as approved pursuant to the regulations set forth in Chapter 17.38 of this code.

(Prior code § 9220.16 (5))

"Quarry" means a sand or gravel pit, rock crushing plant or any apparatus for the manufacture, processing or production of rock, sand or gravel, or the mining, excavating, removing, stockpiling or distribution of rock, sand, gravel, clay, decomposed granite or similar material. Quarry shall not include:

A.

The excavation and removal of materials related to the construction of a building or structure for which a building permit has been issued and remains in full force and effect; provided, that such excavation is confined to the necessary for such construction five thousand cubic yards of soil or other excavated materials be removed from the premises; nor

B.

Excavation necessary to grading; provided, that such grading is necessary to prepare a site for a lawful use permitted thereon, and for which a grading plan has been issued by the city.

(Prior code § 9220.17)

"Recorder" means the recorder of the county of Los Angeles.

(Prior code § 9220.18 (1))

"Recyclable materials" means materials that have been separated from the solid waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place and that are not landfilled. Recyclable materials include any materials identified by the director of planning and community development for which a market exists, including, but not limited to: plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, scrap metal, cans, construction and demolition waste, as well as compostable materials such as green waste, yard waste or food waste.

(Ord. No. 2352, § 3, 8-14-2013)

"Recycling" means the collection of used products such as newspapers, cans, corrugated cardboard, glass, metal, etc., and other materials as determined by the planning manager for the conversion thereof into new products by reprocessing or remanufacturing.

(Prior code 9220.18 (2))

(Ord. No. 2352, § 3, 8-14-2013)

"Construction and demolition facility" refers to a facility within a totally enclosed building established to operate for the express purpose of receiving C&D waste, debris, and materials as defined in Section 17.08.577.

(Ord. No. 2352, § 3, 8-14-2013)

"Construction and demolition C&D waste, debris, or materials" means discarded materials that are not water soluble and are non-hazardous in nature, including, but not limited to, the following:

1.

Various metals, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber resulting from the construction or destruction of a structure as part of a construction project, demolition project, and/or rehabilitation project.

2.

Other waste materials associated with landscaping including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.

3.

Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project. Non-construction and demolition debris wood scraps.

4.

De-minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry.

Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.

(Ord. No. 2352, § 3, 8-14-2013)

"Covered project" refers to any project that meets the following threshold requirements related to the recovery of construction and demolition debris:

1.

A private project where any construction, demolition, and renovation are projected to be one thousand square feet or greater, and all demolition-only projects shall be considered covered projects.

2.

All City-sponsored construction, demolition and renovation projects that are projected to be one thousand square feet or greater shall be subject to this Chapter, and consequently, shall be considered covered projects.

(Ord. No. 2352, § 3, 8-14-2013)

"Deconstruction" refers to the careful and systematic dismantling of buildings and structures in order to salvage materials for diversion (also refer to Section 17.08.586, Demolition).

(Ord. No. 2352, § 3, 8-14-2013)

"C&D demolition" refers to the deconstructing, destroying, razing, tearing down, or wrecking of any facility including its foundation. Demolition work shall include, but not be limited to:

1.

The proper disposal of recyclables, solid waste, and hazardous materials pursuant to applicable regulations and approved plans, if any;

2.

The termination of utilities serving the premises including permits and final inspections and approvals;

3.

The removal of driveways and repair of public sidewalks, as required; and

4.

Site cleanup and restoration including grading, landscaping, and fencing as required.

(Prior code § 9220.18 (2) (a))

(Ord. No. 2352, § 3, 8-14-2013)

Editor's note— Ord. No. 2352, § 3, adopted Aug. 14, 2013, changed the title of § 18.08.580 from "Recycling collection facility" to "Recycling, C&D - Demolition."

"Diversion" refers to the percentage of construction and demolition waste generated from a covered project through recycling that is diverted from landfills. The diversion requirement shall be the maximum feasible diversion rate established by the city or other designated staff in charge of C&D Ordinance oversight.

(Ord. No. 2352, § 3, 8-14-2013)

"Diversion requirement" refers to the percentage of construction and demolition waste generated from a covered project by reuse or recycling that must be diverted from landfills, unless the applicant has been granted an exemption pursuant to Section 17.64080.G of this chapter. If the applicant has been granted an exemption, the diversion requirement shall be the maximum feasible diversion rate established by the compliance official, or other designated staff in charge of C&D Ordinance oversight.

(Ord. No. 2352, § 3, 8-14-2013)

"Recycling" refers to the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

(Prior code § 9220.18 (3))

(Ord. No. 2352, § 3, 8-14-2013)

Editor's note— Ord. No. 2352, § 3, adopted Aug. 14, 2013, changed the title of § 17.08.585 from "Recyclable materials" to "Recycling, C&D—Recycling/recyclables."

"Renovation" refers to any change, addition or modification to an existing structure(s) that is a covered project.

(Ord. No. 2352, § 3, 8-14-2013)

"C&D salvage" refers to the controlled removal of construction or demolition waste/material from a permitted building, construction, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

(Ord. No. 2352, § 3, 8-14-2013)

"Waste management plan" refers to a completed waste management plan (WMP) form, approved by the city for the purpose of compliance with Section 17.64.080, submitted by the applicant for any covered project.

(Prior code § 9220.18 (4))

(Ord. No. 2352, § 3, 8-14-2013)

Editor's note— Ord. No. 2352, § 3, adopted Aug. 14, 2013, changed the title of § 17.08.590 from "Recycling center, community" to "Recycling, C&D—Waste management plan."

"Compliance official" refers to the designated staff person(s) authorized and responsible for the implementation of pertinent sections of this chapter.

(Ord. No. 2352, § 3, 8-14-2013)

"Permitted recycling facility" means a solid waste facility for which there exists a solid waste facilities permit issued by the local enforcement agency and concurred in by the CalRecycle, or which is permitted under the regulatory scheme of another state. All recycling facilities in the City of Montebello must be permitted by the city and CalRecycle.

(Prior code § 9220.18 (6))

(Ord. No. 2352, § 3, 8-14-2013)

Editor's note— Ord. No. 2352, § 3, adopted Aug. 14. 2013, changed the title of § 17.08.595 from "Recycling plant" to "Recycling facility, permitted."

"Materials recovery facility" means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting.

(Ord. No. 2352, § 3, 8-14-2013)

"Waste transfer facility" means a facility where approved municipal solid waste is unloaded from collection vehicles and briefly held while it is reloaded onto larger long-distance transport vehicles for shipment to landfills or other treatment or disposal facilities for the purpose of combining the loads of several individual waste collection trucks into a single shipment. Such facilities typically transfer solid waste directly from one container to another, or from one vehicle to another for transport, or temporarily store solid waste prior to a final disposal at a CalRecycle-permitted landfill or transformation facility.

(Ord. No. 2352, § 3, 8-14-2013)

"Public recycling collection facility" means a facility established to receive presorted redeemable beverage containers; provided that such facility is composed of reverse vending machine(s), collection storage unit(s) or a mobile recycling unit.

(Ord. No. 2352, § 3, 8-14-2013)

"Recycling facility" means a totally enclosed building within which the receipt, separation, storage, conversion, baling and/or processing of recyclable materials can occur for the purpose of reutilization of such materials. Hazardous and biodegradable materials including, but not limited to, food, beverages, drugs, cosmetics, hazardous chemicals, poisons, electronic wastes, medical wastes, syringes, needles, pesticides, and other similar materials shall not be brought into or handled by a recycling facility. A recycling facility may consist of a waste transfer facility, a materials recovery facility, or both.

(Prior code § 9220.18 (5))

(Ord. No. 2352, § 3, 8-14-2013)

Editor's note— Ord. No. 2352, § 3, adopted Aug. 14, 2013, changed the title of § 17.08.600 from "Recycling station" to "Recycling facility."

"Repair" means the work necessary to restore a vehicle to a usable condition.

(Prior code § 9220.18 (7))

"Restaurant" means an establishment providing prepared food for consumption on the premises.

(Prior code § 9200.18 (8))

"Rest home" means a home offering or providing lodging, meals, nursing, dietary or other personal service to five or more ambulatory convalescents, invalids or aged persons, but shall not include the type of care or services rendered in either hospitals, or nursing and convalescent hospitals.

(Prior code § 9220.18 (9))

See Lot, reversed corner.

(Prior code 9220.18 (10))

"Room" means an unsubdivided portion of the interior of a dwelling excluding bathrooms, kitchens, closets, halls and service porches.

(Prior code § 9220.18 (11))

"Sanitarium" and "sanatorium" means the same as nursing and convalescent hospital.

(Prior code § 9220.19 (1))

"Self-service display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

(Ord. No. 2334, § 2, 9-23-2009)

"Self-storage" means a type of warehousing specifically involving real property designed and used for the purpose of renting or leasing individuals storage space to persons who are to have access to the space for the purpose of storing and removing personal property, but does not include a garage or other storage area in a private residence.

(Prior code § 9220.19 (2))

"Senior citizen's housing" means any building, or portion thereof, other than a hospital or rest home, providing living accommodations for ambulatory persons aged sixty or older.

(Prior code § 9220.19 (2) (a))

"Service station" means any premises used for the retail sale of automotive fuels and lubricants, but which may also provide for the incidental servicing of motor vehicles including grease racks, tire repairs, battery charging, hand washing of automobiles, sale of merchandise and supplies related to the servicing of motor vehicles, and minor repairs, but excluding body and fender work, painting, major automotive repair and similar activities.

(Prior code § 9220.19 (3))

"Shall" is mandatory.

(Prior code § 9220.19 (4))

"Sign" means any device for visual communication, including any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interests of any person, business group or enterprise, including, but not limited to, outdoor advertising structures.

(Prior code § 9220.19 (5))

"Off-premises sign" means any sign (and/or sign structure) designed and maintained for the primary purpose of soliciting public support, or directing public attention to the sale, lease or use of any object, product, service or function, the sale, leasing or use of which is not necessarily involved in a principal or accessory use conducted upon the lot on which such sign or sign structure is located. The phrase "off-premises sign" includes signs referred to as "subdivision or tract advertising and/or directional signs" and "billboards." The definition shall not include any sign erected and maintained by any public agency, nor to any sign maintained by a public utility which is required to be maintained by statute or ordinance.

(Prior code § 9220.19 (6))

"Temporary sign" means a sign erected for advertising, promotion or directing public interest to the sale, lease or use of any object, product, service or function which is temporary in nature in that the product will be available for a limited period of time.

(Prior code § 9220.19 (7))

"Significant tobacco retailer" means any tobacco retailer that devotes ten percent or more of floor area to, or devotes ten percent or more of display area (measured in linear feet or aggregate square footage) to, or derives seventy-five percent or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia.

(Ord. No. 2334, § 2, 9-23-2009)

"Sloping terrain" means any ground surface having a rate of incline or decline of greater than ten percent gradient.

(Prior code § 9220.19 (8))

"Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed, shisha, herb, or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed, shisha, herb, or plant (including in a pipe, cigar, hookah pipe, or cigarette of any kind).

(Ord. No. 2334, § 2, 9-23-2009)

"Solid fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.

(Prior code § 9220.19 (9))

"Solid fill projects" means any operation where more than one thousand cubic yards of solid fill materials are deposited for any purpose including the grading or reclaiming of land.

(Prior code § 9220.19 (10))

"Stable" means a detached accessory building in which horses owned by the occupants of the premises are kept, and in which no horses are kept for hire or sale.

(Prior code § 9220.19 (11))

"Public stable" means a stable other than a private stable.

(Prior code § 9220.19 (12))

"Stand" means a structure for the display and sale of products with no space for customers within the structure itself.

(Prior code § 9220.19 (13))

"State" means the state of California.

(Prior code § 9220.19 (14))

"State freeway" means any section of a state highway which has been declared to be a freeway by resolution of the California Highway Commission pursuant to the Streets and Highways code. (Prior § 9220.19 (15))

"Store" means to keep or locate for future use.

(Prior code § 9220.19 (16))

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Story includes a basement, but not a cellar.

(Prior code § 9220.19 (17))

"Half-story" means a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor of the story not in excess of two-thirds of the floor area immediately below it.

(Prior code § 9220.19 (18))

"Street" means a public or recorded private thoroughfare which affords a means of access to abutting property excluding alleys.

(Prior code § 9220.19 (19))

"Side street" means a street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.

(Prior code § 9220.19 (20))

"Structural alterations" means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.

(Prior code § 9220.19 (21))

"Structure" means anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.

(Prior code § 9220.19 (22))

"Advertising structure" means a structure existing, erected or maintained to serve exclusively as a stand, frame or background for the support or display of signs.

(Prior code § 9220.19 (23))

See Parking, subterranean.

(Prior code § 9220.19 (24))

See Lot, through.

(Prior code § 9220.20 (1))

"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, preparation, storing, or consumption of tobacco products.

(Ord. No. 2334, § 2, 9-23-2009)

"Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence; and any product that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, including but not limited to shisha, herbs, or plants of any kind, by means of inhalation through smoking.

(Ord. No. 2334, § 2, 9-23-2009)

"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

(Ord. No. 2334, § 2, 9-23-2009)

"Trailer" means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle; includes semitrailers; does not include mobile homes.

(Prior code § 9220.20 (2))

See Mobile home park.

(Prior code § 9220.20 (3))

Editor's note— Ord. No. 2352, § 3, adopted Aug. 14, 2013, deleted § 17.08.770, which pertained to transfer station and derived from prior code § 9220.20(4).

"Triplex" means three-family dwelling.

(Prior code § 9220.20 (5))

"Truck washing and cleaning" means a facility where trucks, truck trailers, recreational vehicles, and other similar vehicles can be taken to be washed. All vehicles washed leave the facility shortly afterwards, and are not stored at the facility overnight.

(Ord. No. 2342, § 3, 6-22-2011)

"Truck[/RV] storage yard" means a facility intended for the storage of trucks, truck trailers, recreational vehicles, and other similar vehicles from different owners for storage overnight, or longer periods of time. Independent truck drivers and recreational vehicle owners are able to store their vehicle at such a facility. Accessory washing facilities are permitted for vehicles stored at the facility.

(Ord. No. 2342, § 3, 6-22-2011)

"Truck terminals, draying, or freight" means a storage and distribution facility that specializes in the transfer of freight, but excludes trucking accessory to another business. Typically, a truckload of goods will arrive at the truck terminal, empty the load of goods onto the loading dock area/cross dock, and the goods will be redistributed to other trucks where the goods will be shipped out to other destinations within a short period of time. The terminal is not the point of origin or the final destination of the freight. It includes transportation establishments furnishing services incidental to air, motor freight, and rail transportation including:

A.

Freight forwarding services.

B.

Freight terminal facilities.

C.

Joint terminal and service facilities.

D.

Packing, crating, inspection and weighing services.

E.

Postal service bulk mailing distribution centers.

F.

Transportation arrangement services.

G.

Trucking facilities, including moving, transfer and storage.

(Ord. No. 2342, § 3, 6-22-2011)

"Truck transportation yard" means a location where trucks that are operating a truck terminal are stored when not in use, and may include maintenance facilities. It may also be the location where a fleet of trucks are stored (overnight) and dispatched to other facilities for construction services, maintenance services, or the loading and distribution of freight. Such uses include but are not limited to solid waste hauling operations, street sweeping services, and the like.

(Ord. No. 2342, § 3, 6-22-2011)

"Vehicle" means and includes motorcycle, motor-driven cycle, motor truck, passenger vehicle, as these phrases are defined in the Vehicle Code of the state of California, and all similar types of vehicles.

(Prior code § 9220.21 (1))

See Amusement game machine.

(Prior code § 9220.21 (2))

"Warehouse" means the use of a building or portion of a building for the storage of goods or merchandise which is not used for or related to a manufacturing or retailing business on the same premises.

(Prior code § 9220.22)

"Yard" means the space between a lot line and building line.

(Prior code § 9220.23 (1))

"Front yard" means a yard extending the full width of the front of a lot between the front property line and the front building setback line. (See Exhibit 17.08.800.)

(Prior code § 9220.23 (2))

EXHIBIT 17.08.800

YARDS

"Rear line of required front yard" means a line parallel to the front lot line and at a distance equal to the required depth of the front yard and extending across the full width of the lot. (See Exhibit 17.08.800.)

(Prior code § 9220.23 (3))

"Rear yard" means a yard extending the full width of the lot in the area between the rear lot line and the rear building setback line. (See Exhibit 17.08.800.)

(Prior code § 9220.23 (4))

"Side yard" means a yard extending the full length of the lot in the area between a side lot line and a side building line. (See Exhibit 17.08.800.)

(Prior code § 9220.23 (5))

"Supportive housing" shall be considered as a residential use that is subject to those restrictions that apply to other residential uses, of the same type, in the same zone. Supportive housing is housing with no limit on the length of stay that is occupied by the target population. Supportive housing may include onsite or offsite services that will assist 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 (per Health and Safety Code 50675.14(b)).

(Ord. No. 2364, § 1, 12-10-2014)

"Transitional housing and transitional housing development" are considered a residential use only subject to those restrictions that apply to other residential uses of the same type, in the same zone. This type of housing refers to temporary rental housing that is intended for occupancy by a target population group that is transitioning to permanent housing. This type of housing is operated under program requirements calling 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 (per Health and Safety Code 50675.2(h)).

(Ord. No. 2364, § 1, 12-10-2014)

"Emergency shelter" means a temporary residential facility, which provides overnight accommodations and incidental services for homeless persons and/or families on a short-term basis.

(Ord. No. 2364, § 1, 12-10-2014)

"Body art establishment" means any premises or establishment, or facility incidental thereto, which performs body piercing, tattooing, branding, or application of permanent cosmetics. "Body art establishment" does not include a facility that only pierces the ear with disposable, single use, presterilized clasp and stud, or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

(Ord. No. 2391, § 2, 1-25-2017)