ABUT — Two adjoining parcels of property, with a common property line, are herein considered as one parcel abutting the other, except where two (2) or more lots adjoin only at a corner or corners, then they shall not be considered abutting unless the common property line between the two parcels measures eight (8) feet or more in a single direction.

ACCESS OR ACCESS WAY — The place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress to and egress from a property or use as required by this chapter.

ACCESSORY BUILDING — A detached building located on the same lot with the principal (main) building, the use of which is normally incidental and entirely secondary to that of the principal building.

ACREAGE, GROSS — The gross area of a parcel of land measured to the center lines of abutting streets or alleys.

ACREAGE, NET — The area of a parcel of land measured to the property lines less streets and alleys or those areas proposed or required to be dedicated as streets and alleys. Lot areas are stated in net acreage.

ADJACENT — Near, close, or abutting; for example, an Industrial District across the street or highway from a Residential District shall be considered as "Adjacent."

AGENT OF OWNER — Any person who can show written proof that he is acting for the property owner (See "Owner").

AGRICULTURAL USE — The tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, excluding swine and poultry, dairying, and animal husbandry, including all uses customarily incidental, thereto, but not including the keeping of swine and poultry, slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.

ALLEY — A public or private thoroughfare, generally less than twenty (20) feet in width, which serves only as a secondary means of access to abutting property.

AMENDMENT — A change in the wording, context or substance of any provision in this chapter, an addition or deletion or a change in the zone district boundaries or classification upon the Zoning Map.

AMUSEMENT-ARCADE — Any place or premise containing six (6) or more amusement game machines.

AMUSEMENT GAME MACHINE — A coin or token operated machine or device which, whether mechanical, electrical, or electronic, shall be ready for play by insertion of a coin, token, or similar object, and may be operated by the public for use as a game, entertainment or amusement. It shall include devices commonly referred to as pinball machines and video games but shall not include "children's amusement machines", "jukeboxes", "pool and billiard tables", "shuffleboards", and "vending machines."

APARTMENT — See "Dwelling Unit."

APARTMENT HOUSE — See "Dwelling, Multiple Family."

APPEAL BOARD — The City Council shall be the "Appeal Board" for appeals from the decisions of the Planning Commission.

AUTO DISMANTLING AND WRECKING ESTABLISHMENTS — The business of dismantling or wrecking of used motor vehicles or trailers and sale of parts.

BASEMENT — Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

BOARDING OR ROOMING HOUSE — A dwelling where rooms are rented to paying guests, who may be provided with meals. The term "boarding house" shall include "rooming house."

BUILDING — Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property.

BUILDING DEPARTMENT — That agency or department designated by the City to process Building Permits.

BUILDING, HEIGHT OF — The vertical distance measured from the average 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 OFFICIAL — The individual or contractual agency designated by the City to process Building Permits and perform inspections.

BUILDING SETBACK LINE — A line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard and extending across the full width of the lot.

CARPORT— An accessory structure or portion of the principal structure, open on one or more sides, for the storage of automobiles, boats, or trailers for persons resident or employed on the premises. For purposes of this chapter, a carport shall be subject to all regulations prescribed in this chapter for a private garage.

CARPORT PORTABLE — A portable and relocatable as opposed to permanently built accessory structure, for the storage of automobiles, boats or trailers. Portable carports are subject to specific regulations prescribed in Subsection 36-7.6(f) (3) of this chapter.

CENTER LINE OF STREET — That line designated as "center line" on any street or highway plan or subdivision map of the City.

CHILDREN'S AMUSEMENT MACHINE — Any coin or token operated amusement machine or device especially designed and operated for the amusement of children such as, but not limited to, mechanical animal and vehicle rides.

CITY COUNCIL— The City Council of the City of Oakdale.

CLUB OR LODGE — An association of persons for some common, nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

COMMISSION — The planning commission of the City.

COMMON AREA — Common area is an entire project excepting all dwelling units therein.

COMMUNITY HOUSING — Community housing project means and includes the following: A condominium project as defined in the California Civil Code, containing two or more condominiums, as defined below; a community apartment project as defined in the California Business and Professions Code, containing two or more rights of exclusive occupancy; and a planned development, as defined in the California Business and Professions Code, containing two or more separately owned lots, parcels or areas.

CONDOMINIUM — An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on the real property as defined in the California Civil Code.

COVERAGE — The percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, balconies, patios and terraces (See "Lot Coverage").

CONVERSION — Conversion is a proposed change in the type of ownership of a parcel or parcels of land.

CONSTRUCTION —

Start of: Construction shall be considered started with the issuance of a Building Permit.

Completion of: Construction shall be complete when the final required building inspection has been completed and approved by the Building Official.

CONSTRUCTION OFFICE (JOB SHACK) — A temporary structure or trailer placed on or adjacent to a project site for the duration of construction. May include a construction materials yard.

COURT — A space, open and unobstructed to the sky with a building or buildings and bounded on two (2) or more sides by such building or buildings.

DAY CARE CENTER — A facility licensed to regularly provide care, protection and supervision in a facility which is not the provider's home.

DENSITY — The ratio between dwelling units and land, expressed as the number of dwelling units per acre, or as square feet of land required per dwelling unit.

DENSITY BONUS — A density increase of twenty-five (25%) percent over otherwise allowable residential density in the zone.

DEVELOPER — The owner or subdivider with a controlling proprietary interest, or the person or organization making application hereunder.

DIRECTOR — The Oakdale City Community Development Director or designated representative.

DISTRICT — See "Zone."

DISTRICT, COMBINING — Any district or zone wherein the general regulations shall in part or wholly, be added to or superseded by special regulations. Also, may be termed as an "overlay district or zone."

DWELLING — Any building or portion thereof designed or used exclusively for residential occupancy.

DWELLING, DUPLEX — A building on a single parcel of land designed for occupancy by, or occupied by, two (2) families living independently of each other, and having separate kitchen and toilet facilities for each family.

DWELLING, MULTIPLE FAMILY — A building or portion thereof on a single parcel of land designed for occupancy by, or occupied by, three (3) or more families living independently of each other, and having separate kitchen and toilet facilities for each family.

DWELLING, SINGLE FAMILY DETACHED — A detached building designed exclusively for occupancy by one (1) family.

DWELLING UNIT — One (1) or more rooms and a single kitchen area designed for occupancy by one (1) family for living and sleeping purposes.

EDUCATIONAL INSTITUTION — Elementary, junior high, high school, college or university or other school giving general academic instruction in the several branches of learning and study required to be taught by the California Education Code.

— Emergency Shelters: Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (Health and Safety Code 50801(e))

— Employee Housing: Includes but is not limited to farmworker housing. Employee housing for 6 or fewer workers shall be deemed to a single-family structure with a residential land use, and shall be treated the same as a single-family structure with a residential land use, and shall be treated the same as a single family dwelling of the same type in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.

FACTORY-BUILT HOME — A residential building constructed in conformance with the State of California Factory-Building Housing Code. A factory-built home shall not be deemed to include a mobile home or manufactured home as defined in this section.

FAMILY — One (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined.

FAMILY DAY CARE HOME — A facility licensed to regularly provide care, protection and supervision in the principal residence of the care provider for children for periods of less than twenty-four (24) hours per day.

FLOOR AREA — The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be usable area under the horizontal projection of the roof or floor above.

FEE — A fixed charge or schedule of charges set by resolution of the City Council.

Floor Area Ratio: The gross floor area of a residential building on a lot divided by the lot area (in square footage).

FOSTER HOME — A facility licensed to regularly provide care, protection and supervision to children in the licensee's home on a twenty-four-hour basis for varying periods of time. See "Residential Care Home."

FRONTAGE, PRIMARY — That portion of a parcel which is adjacent to a publicly dedicated street or way. For a corner lot, the frontage with the smallest dimension shall be considered as the primary frontage. There shall be only one primary frontage per parcel. (Also see "Lot Line, Front")

FRONTAGE, SECONDARY — On a corner lot, that portion of a parcel which is adjacent to a publicly dedicated street or way which is not the primary frontage.

GARAGE, REPAIR — A building, or portion thereof used for the commercial repair, maintenance, or painting of motor vehicles.

GARAGE, PATIO OR YARD SALE — A sale licensed to be conducted from any location on the premises of a residence in any kind of residential zone for the purpose of permitting occupants of that residence to dispose of their personal property accumulated during the course of ordinary residential living.

GARAGE, PARKING — A building used for the parking of more than three automobiles or trucks, whether free, for compensation or as an accommodation.

GARAGE, PRIVATE — An accessory building or an accessory portion of the main building, enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and one truck of not more than one ton capacity.

GROSS FLOOR AREA — The sum of the gross horizontal areas of one or more floors of a residential structure used as enclosed space, measured from the face of interior walls and ceilings, found by multiplying the width and length of any such enclosed space. Gross floor area will not include covered space designed solely for the parking of motor vehicles (garages).

GUEST HOUSE — Living quarters within an accessory building for use by temporary guests of the occupants of the premises. It shall have no kitchen or cooking facilities and shall not be rented or otherwise used as a separate dwelling.

HEIGHT OF BUILDING — See "Building, Height of."

HOME OCCUPATION — Any occupation conducted entirely within a dwelling unit and carried on by persons residing in the dwelling, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not change the residential character thereof and in connection with which there is no display of stock in trade, nor storage of equipment outside of the dwelling or its accessory building, little additional generated traffic or no use of any yard space, nor more than twenty-five percent of the floor space of the main building, or space in accessory buildings required for automobile storage. A home occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical disturbance or storage of junk.

HOSPITAL — A facility staffed and equipped to provide various types of hospital care, which is licensed under the provisions of the California Administrative Code.

HOTEL OR MOTEL — A building or portion thereof or a group of attached or detached buildings containing individual guest rooms or suites where lodging is provided for transients for compensation.

HOUSEHOLD PETS— Keeping of household pets is subject to regulations as provided in chapter 4 of this Code.

JUKEBOX — Any machine commonly referred to as a jukebox designed to play music when a coin or token is deposited therein.

JUNK OR SALVAGE YARD — A site or portion of a site on which waste, discarded or salvaged materials are brought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, excepting an auto dismantling and wrecking establishment as defined in this section.

LANDSCAPING — Plantings, including trees, shrubs, lawn, flowers and ground covers, suitably designed, selected, installed, and maintained. May include rock, fountains, pools, screens, walls, fences, benches, walkways, and concrete plazas.

LIVESTOCK — Domestic animals customarily raised or kept on farms include horses, cows, bulls, calves, oxen, sheep, goats and other bovine or hoofed animals but excluding pigs, hogs and swine.

Small livestock farming: shall be the raising or keeping of more than twelve chicken hens, pigeons or similar fowl or twelve rabbits or similar animals, but not including roosters, quacking ducks, turkeys, geese, guinea fowl, pea fowl, goats, sheep or similar livestock; provided, that the term "small livestock farming" as used in this chapter shall not include the keeping of hogs, cattle, horses, mules or similar livestock as determined by the planning commission.

LOADING SPACE — An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.

LOT — A parcel of land shown on a subdivision map, parcel map or record of survey map or described by metes and bounds and recorded in the office of the County Recorder of Stanislaus County, and/or a building site in one ownership having an area for a building or buildings, together with such yards, open spaces, lot width, and lot areas as are required by this chapter and having frontage upon a publicly dedicated street, road or highway (other than an alley), unless otherwise approved.

LOT, AREA — The total horizontal net area of the plane surface within the lot lines of a lot or parcel exclusive of streets, highways, roads, and alleys.

LOT, CORNER — A lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty five (135) degrees.

LOT COVERAGE — See "Coverage."

LOT DEPTH — The mean horizontal distance between the front and rear lot lines. The lot depth shall not be more than three times the width.

LOT, FLAG — A lot so shaped and designed that the main building site area has substandard or no frontage on a publicly dedicated street or way, but is connected to the street or way by a strip of land which is used solely for access purposes.

LOT, INTERIOR — A lot other than a corner lot.

LOT, KEY — The first interior lot to the rear of a reversed corner lot.

LOT LINE — Any line bounding a lot as herein defined.

LOT LINE, EXTERIOR — Any lot line separating a lot from a street.

LOT LINE, INTERIOR — Any lot line not an exterior lot line.

LOT, REVERSED CORNER — A corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

LOT, THROUGH — A lot having frontage on two (2) parallel or approximately parallel streets.

LOT WIDTH — The mean horizontal distance between the side lot lines, measured at right angles to the lot depth.

MAJOR RETAIL DEVELOPMENT — A major retail development is a singular retail establishment or shopping center that involves any one, or a combination of the following and as defined herein:

MANUFACTURED HOME — For purposes of this Ordinance, a manufactured home is the same as a mobile home as defined in this section.

MINI-STORAGE/WAREHOUSE FACILITY — A building or group of buildings that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of goods or wares.

MOBILE HOME — A transportable structure built to the specification of the National Manufactured Housing Construction and Safety Standards Act of 1974 on a chassis for future movement, and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and intended for occupancy by one (1) family. No such structure shall be deemed to be a mobile home if it is less than eight (8) feet in width, and less than thirty-two (32) feet in length, when assembled for use as a dwelling.

MOBILE HOME PARK — A facility designed and equipped in accordance with the requirements of applicable State laws for the accommodation of occupied mobile homes on a permanent or semi-permanent basis regardless of whether or not a charge is made for such accommodations.

NONCONFORMING USES — See "Use, Nonconforming."

NURSING AND CONVALESCENT HOME — A facility providing bed care, or chronic or convalescent care, for persons who by reason of illness, physical infirmity, or age, are unable to properly care for themselves. A facility shall be deemed to be a Nursing and Convalescent Home for the purpose of this chapter, notwithstanding the designation applied to the facility by the operator, or any Federal, State or local regulatory agency, such as "Hospital", "Board and Care Facility", "Skilled Nursing Facility", or "Rest Home", so long as the facility provides care as herein described, and does not qualify as a Hospital as defined in this section.

OCCUPANCY — The period in which land or premises are occupied or lived in.

OFF-PREMISES SIGN — A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term off-premises sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message. See "Off-Premises Sign" § 36-26.

OUTDOOR ADVERTISING STRUCTURE — Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.

OWNER — Any person, agent, firm or corporation having a legal or equitable interest in the property.

PARKING AREA — A permanently surfaced open area, other than a street or alley, used for the parking of more than five motor vehicles, either free, for compensation, or as an accommodation for residents, clients, or customers.

PARKING SPACE — A permanently surfaced space, directly accessible to a driveway, street or alley, exclusive of access, driveways, ramps or maneuvering areas, designed or used for the parking of one motor vehicle.

PLAN LINES — Officially established right-of-way lines for future streets or for the extension or widening of existing streets within which the construction of structures is prohibited.

PLANNED UNIT DEVELOPMENT — An integrated development consisting of a building or group of buildings situated on a site in such a manner that each unit may be sold separately from all other units, and where all owners of units may also own an interest in recreation facilities, parking facilities, open space, or any combination thereof along with appurtenant facilities.

PRINCIPAL RESIDENTIAL UNIT — See "Dwelling, Single Family, Detached."

PROPERTY LINE — See "Lot Line."

PUBLIC AND QUASI-PUBLIC USES — These include such uses as cemeteries, churches, corporation yards, fire stations, hospitals, parks, public utility distribution substations, schools, communication equipment buildings, etc.

RECREATIONAL VEHICLE — A motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy.

RESIDENTIAL CARE HOME — A State authorized, certified or licensed family care home, foster home, or group home serving persons on a twenty-four-hour basis.

RETAIL SALES ESTABLISHMENT — An establishment or place of business primarily engaged in selling goods directly to the consumer, where such goods are generally available for immediate purchase and removal from the premises by the purchaser.

ROADSIDE STAND — A temporary structure designed or used for the display or sale of agricultural products.

SECOND RESIDENTIAL UNIT AND SENIOR HOUSING —

SHOPPING CENTER — is defined as a grouping of two (2) or more commercial units built primarily for retailing purposes on common property planned, developed, owned or managed as a unit with common off-street parking provided on the same site. For purposes of this ordinance, a Neighborhood Shopping Center shall be considered to be a shopping center primarily serving adjacent residential area.

SITE PLAN — A plan, to scale, showing all of the existing and proposed uses and structures for a lot, and may require elevations, floor plans, landscaping, and/or fencing details depending upon the nature of the proposed use.

STABLE — A detached accessory building for the shelter of horses or other hoofed animals.

STORY — 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. If the finished floor level directly above a usable or unused under-floor space is more than six (6) feet above grade, as defined in the Uniform Building Code, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade such usable or unused under-floor space shall be considered as a story.

STREET — Any thoroughfare or public way not less than twenty (20) feet in width which has been dedicated or deeded to the public for public use.

STREET LINE — The boundary line between the right-of-way or easement for street, and the abutting property.

STRUCTURAL ALTERATIONS — Any change in the supporting members of a building or structure such as bearing walls, columns, beams, girders, or rafters.

STRUCTURE — That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

SUPPORTIVE HOUSING — Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (California Government Code Section 65582, Senate Bill 745)

TARGET POPULATION — Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (California Government Code Section 65582, Senate Bill 745)

TEMPORARY RETAIL USES — A use established for a fixed period of time with the intent to discontinue such use upon expiration of a specified time. Temporary uses do not involve the construction or alteration of any permanent structure or building.

TEMPORARY TRACT OFFICE — A temporary sales office located on the site of a new development, usually in a model home, and operated until sales are completed.

TRANSITIONAL HOUSING: Buildings configured as rental housing developments, but operated under program requirements that require 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. (California Government Code 65582, Senate Bill 745)

TRAVEL TRAILER — See "Recreational Vehicle."

TRAVEL TRAILER PARK — A facility designed and equipped in accordance with the requirements of applicable State laws, for the accommodation of travel trailers, motor homes, and recreational vehicles on a temporary basis.

TRUCK — Any commercial vehicle having a manufactured gross vehicle weight rating of ten thousand (10,000) pounds or more excluding recreational vehicles.

TRUCK TERMINAL — A facility for the loading and/or unloading of fuel, food products, materials or merchandise, including the fueling, repair, service, and temporary storage of trucks and trailers.

USE — The purpose for which a lot or structure is or may be leased, occupied, maintained, arranged, designed, intended, constructed, erected, moved, altered, or enlarged.

USE, ACCESSORY — A use which is incidental, related, appropriate, and clearly subordinate to the main use and does not alter the Principal Use of the subject lot.

USE, CONDITIONAL — A use which may be suitable only in specific locations in a zone or only if such use is designed or laid out on the site in a particular manner. A conditional use requires a use permit.

USE, NONCONFORMING — A use lawfully existing at the time of the adoption of this chapter, and which does not conform to the applicable regulations of this chapter. Includes any use lawfully existing in an area annexed to the City at the time of such annexation, and which does not conform to the applicable regulations of this chapter.

USE PERMIT — A permit approved by the Planning Commission for any use listed as a conditional use in that zone.

USE, PRINCIPAL — A permitted use not requiring a conditional use permit in that zone.

VENDING MACHINE — Any machine designed to sell and deliver merchandise equivalent in market value to the value of coins deposited therein.

YARD — An open space other than a court on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

YARD, EXTERIOR SIDE — A yard which is adjacent to a street on a corner lot which is not a front yard measured between the side lot line and the nearest vertical support or wall of the main building.

YARD, FRONT — A yard which extends across the full width of the lot measured between the front lot line and the nearest vertical support or wall of the main building.

YARD, INTERIOR SIDE — A yard which is adjacent to an interior lot line measured between the side lot line and the nearest vertical support or wall of the main building.

YARD, REAR — A yard which extends across the full width of the lot measured between the rear lot line and the nearest vertical support or wall of the main building.

YARD, SIDE — A yard which extends from the front yard to the rear yard measured between the side lot line and the nearest vertical support or wall of the main building.

ZONE — A portion of the territory of the City within which certain uniform regulations and requirements, or various combinations thereof apply, pursuant to the provisions of this chapter.

ZONE, OVERLAY — See "District, Combining."