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Orange City Zoning Code

CHAPTER 17

04 DEFINITIONS

§ 17.04.010 Construction.

For the purposes of carrying out the intent of this chapter, the following words, phrases, and terms shall have the meaning ascribed to them in this section.
A. 
The word "City" means the City of Orange.
B. 
The word "Council" means the City of Orange Council, the governing body of the City.
C. 
The word "Commission" means the City of Orange Planning Commission.
D. 
The word "county" means the County of Orange.
E. 
The word "state" means the State of California.
F. 
The words "Zoning Code" or "Code" refer to Title 17 Zoning, of the Municipal Code of the City of Orange.
G. 
The word "shall" is mandatory and not discretionary. The word "may" is permissive and discretionary.
H. 
References in the masculine and feminine genders are interchangeable.
I. 
Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable.
J. 
Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:
1. 
"And" indicates that all connected items or provisions shall apply.
2. 
"Or" indicates that the connected items or provisions may apply singularly or in any combination.
3. 
"Either...or" indicates that the connected items or provisions shall apply singularly but not in combination.
K. 
The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.
L. 
Unless the context clearly indicates to the contrary, other words and phrases shall be construed as set forth in this chapter.
(Prior code 9100.1; Ord. 400; Ord. 12-95)

§ 17.04.020 "A" Definitions.

"Abandoned"
means the cessation of the use of a property by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
"Abutting land"
means a parcel of land having a common boundary with another parcel of land except that parcels having no common boundary other than a common corner shall be considered abutting.
"Accessory"
means existing in a minor way. Subordinate and incidental both in size and in intensity of use to the primary use and structure.
"Accessory dwelling unit" (ADU)
means an attached or detached permanent residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU shall be accessory to the primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated and shall include a common living area. The kitchen and common living area shall be of sufficient size to accommodate at least one person per bedroom. An ADU has the attributes of a private residence and not a boarding house or dormitory, e.g. shall not have microwaves, sinks and/or refrigerators in each bedroom; shall not have exterior access to each bedroom; shall not advertise individual rooms. An accessory dwelling unit also includes the following:
1. 
An efficiency unit, as provided under Health and Safety Code Section 17958.1; and
2. 
A manufactured home, as provided under Health and Safety Code Section 18007.
"Accessory dwelling unit, junior" (JADU)
means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU shall have independent cooking facilities, and may include separate sanitation facilities (toilet and bathing facilities), or may share sanitation facilities with the existing structure.
"Accessory dwelling unit passageway"
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
"Accessory living quarters"
means living quarters within an accessory building for the sole use of persons employed on the premises or for use by relatives or guests of the occupants of the premises, having no kitchen or cooking facilities and not rented nor otherwise used as a separate dwelling.
"Accessory structure"
means a structure that is accessory and incidental to a dwelling located on the same lot.
"Accessory structure, habitable"
means an accessory structure constructed in accordance with the Uniform Building Code criteria for habitable space, which may include a bathroom or similar plumbing facilities, does not include a kitchen as defined by this code, and is located on a parcel developed with one or more existing dwelling units. Habitable accessory structures shall be functionally related to the principal residence. A habitable accessory structure is not a junior accessory dwelling unit or accessory dwelling unit and shall not have a separate utility meter or address.
"Accessory structure, non-habitable"
means an accessory structure that does not meet the Uniform Building Code criteria for habitable space.
"Accessory use"
means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
"Acreage, gross"
means the total land area within a defined boundary. Gross acreage measurements are made to the centerline of abutting local streets or to right-of-way boundary of adjacent arterials.
"Acreage, net"
means that portion of gross acreage exclusive of all public lands and rights-of-way.
"Adaptive reuse"
means reusing an existing building for a purpose other than which it was originally built or designed for.
"Addition"
means any construction that is attached to an existing building and which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.
"Administrative adjustment permit"
means a special permit which will allow minor adjustments to certain requirements set forth in the zoning ordinance, or as more particularly described in Section 17.10.050 when it can be shown that strict compliance would be impractical or undesirable in meeting the purpose and intent of the ordinance and that the adjustment will not have an adverse effect on the adjoining properties. An administrative adjustment permit is granted at the discretion of the Zoning Administrator, subject to limitations set forth in the zoning ordinance and is not the automatic right of any applicant.
"Adult enterprise"
means a drug paraphernalia store or any establishment restricting admission to persons over 18 years of age. "Adult enterprise" does not include establishments where the only use is the sale of alcoholic beverages and/or tobacco. A "drug paraphernalia store" is a business establishment or concern subject to the regulations of Chapters 5.57 and 5.96 of this code.
"Agent"
means any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.
"Agriculture"
means the use of land for farming, dairying, pasturing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and including accessory activities but not limited to storage, harvesting, feeding, or maintenance of equipment, excluding stockyards, slaughtering or commercial food processing.
"Alcohol production"
means alcoholic beverages created by means of distillation, brewing or fermentation from agricultural products within a facility engaging in the production, manufacture, bottling and distribution of such alcoholic beverage product.
"Alley"
means a public or private way permanently reserved as a secondary means of access to an abutting property.
"Alteration"
means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
"Amenity"
means a natural or man-made feature which enhances a particular property.
"Amusement arcade"
means a commercial establishment whose primary purpose is providing access to four or more amusement devices. Amusement arcades include, but are not limited to, video arcades, personal computer (PC) rooms, Internet cafes, cyber cafes, cyber arcades, or similar commercial gathering places where electronic games are played.
"Amusement device"
means any device, including, but not limited to, pinball machines, video games, computers or other electronic apparatus, used to play games, shuffleboards, pool tables, and similar devices which are coin or slug operated or for which charge or payment is received for the privilege of playing, using, or operating the same.
"Amusement park"
means an outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.
"Antenna"
means the outdoor portion of equipment used for the receiving or transmitting of television or radio or similar signals through space.
"Antenna, building mounted"
means any antenna mounted to an exterior building wall or facade or onto the exterior surface of another structure such as a water tank, church steeple, freestanding sign, power or light poles (excluding poles within the public right-of-way), or similar structure, but not including the roof of any building or structure.
"Antenna, ground mounted"
means an antenna that is attached to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antenna.
"Antenna, roof mounted"
means any antenna that is mounted on the roof of a building, above the eave line of the building.
"Antenna, stealth"
means any antenna designed to be architecturally integrated into the structure, it is mounted on or blend into the surrounding environment (i.e., mono-pine, mono-palm, flagpole, etc.) so that the antenna is not discernible as an antenna.
"Apartment"
means one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing more than two dwelling units.
"Apartment house"
means a structure containing three or more apartment units which is intended for rental purposes.
"Applicant"
means a person who requests in writing the approval of a lease, permit, license, certificate, or other entitlement for use from one or more public agencies.
"Application"
means the form and information submitted by an applicant for purposes of requesting an entitlement to use or develop property.
"Arbor"
means a latticework frame or open trellis that can support climbing vines, used as a gateway to a yard or garden area. Dimensions shall not exceed eight feet in height, four feet in width and two feet in depth.
"Auto broker"
means an auto buying service defined as a dealer in California Vehicle Code Section 285, that provides or offers to provide the service of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, for another individual for a fee or other consideration, regardless of the form or time of payment. An auto broker is distinguished from an automobile dealership based on the operation of such use from general office space rather than a sales facility with more than two vehicles on display.
"Automobile detailing"
means an establishment which may include handwashing, waxing, and interior cleaning of vehicles.
"Automobile repair, major"
includes all activities as defined under minor automobile repair, and additionally includes body work and painting.
"Automobile repair, minor"
means general automobile repair, including mechanical repairs, oil changes, tuneups, upholstery and installation of tires, batteries and accessories, including the repair of trucks less than one ton capacity.
"Automobile salvage/wrecking"
means the dismantling or wrecking of one or more used motor vehicles or trailers, or storage, sale or dumping of one or more dismantled or partially dismantled, obsolete or wrecked vehicles or their parts.
"Automobile/trailer sales area"
means the use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair and other repair service conducted as an accessory service.
"Automobile/truck dealers"
means a facility which sells automobiles and trucks of one ton or less capacity, both new and used, and includes the repairing of same. Trucks of more than one ton capacity shall not be included in this term.
(Prior code 9100.3, 9100.5, 9100.6, 9130.4(c), 17.04.080, 17.26.080, 17.94.050; Ord. 400; Ord. 35-70; Ord. 20-82; Ord. 32-82; Ord. 12-95; Ord. 24-96; Ord. 13-98; Ord. 21-98; Ord. 22-98; Ord. 2-99; Ord. 4-03; Ord. 4-05; Ord. 8-14, 2015; Ord. 08-15, 2015; Ord. 02-17, 2017; Ord. 07-20, 2020; Ord. 03-21, 2021; Ord. 11-25, 6/24/2025)

§ 17.04.021 "B" Definitions.

"Bank"
means an establishment for the custody, loan, exchange or issue of money, for the extension of credit and for facilitating the transmission of funds; includes savings and loans and credit unions.
"Bar"
means an establishment where alcoholic beverages are served for consumption on the premises, and where food may or may not be offered for sale, and when licensed by the Alcoholic Beverage Control (ABC) Board.
"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 grade; if the finished floor level directly above a basement is more than six feet above grade, such basement shall be considered a story.
"Batching plant"
means a facility which processes and mixes various materials including concrete and asphalt.
"Bathroom, full" and "bathroom, half."
A full bathroom contains one bathtub, tub or shower compartment; one water closet or lavatory or other similar approved facilities, and up to two sinks. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms. A half-bathroom omits a bathtub, tub, or shower compartment.
"Bed and breakfast inn"
means a building of residential design determined to be architecturally or historically significant to the City of Orange wherein lodging is provided to tourists. The operator of the inn shall live on the same property.
"Bedroom"
means any habitable room in a dwelling unit other than a bathroom, kitchen, dining room or living room with the following features: an interior door that can be closed or an opening into the room in which an interior door or double door can be easily installed; a window; and a closet or room for a wardrobe in addition to a bed. For planning development standards purposes, not to be confused with any building code standards, a room may be deemed not a bedroom if a floor to ceiling horizontal distance of at least seven feet remains open and without any type of door and no closet exists.
"Berm"
means a mound of earth, usually two to six feet in height.
"Bikeway"
means a paved pathway, usually separated from streets and sidewalks, designed to be used by bicyclists.
"Billiard parlor"
means any place of business where any of several games are played on a table by driving small balls against one another or into pockets with a cue. Such place of business may include, as an accessory use, any mechanical amusement device not otherwise prohibited by Section 5.38.050 or Section 5.36.020.
"Birds"
shall include, but are not limited to, budgies, buntings, canaries, cardinals, cockatiels, cockatoos, conures, doves, finches, lorries, lorikeets, lovebirds, macaws, mynahs, parakeets, parrots, pigeons, sparrows, toucans, and weavers. Additional bird species can be considered as pets subject to approval from the Community Development Director.
"Block"
means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity to development.
"Boarding house"
means a residence or dwelling, other than a hotel, wherein three or more rooms are rented under three or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence.
"Buffer area"
means an area of land used to visibly separate one use from another or to shield noise, lights or other possible nuisances.
"Building"
means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
"Building height"
means the vertical distance from the average finished grade, as measured around the perimeter of the structure five feet out from the exterior wall surface to the highest point of the structure, that being the ridgeline of the roof or the top of the parapet wall on a flat roof. Screened mechanical and electrical towers, chimneys, and other integral parts of the building or structure occupying no more than five percent of the roof area shall be excluded from the measurement.
(Prior code 9100.10, 9100.11, 9100.191, 17.04.130, 17.04.140, 17.04.150; Ord. 400; Ord. 55-72; Ord. 20-82; Ord. 27-87; Ord. 20-90; Ord. 12-95; Ord. 1-06; Ord. 02-21, 2021; Ord. 03-21, 2021; Ord. 10-22, 2022; Ord. 15-23, 11/14/2023)

§ 17.04.022 "C" Definitions.

"Caretaker mobile home"
means a mobile home, placed on either a permanent or temporary foundation, established on any premises as living quarters for a person or persons responsible for the maintenance and/or security of those premises.
"Caretaker's residence"
means a dwelling unit accessory to a principal use on a site and intended for occupancy on same site for a caretaker, security guard, servant, or similar position generally requiring residence on the site.
"Carport"
means a roofed structure providing space for the parking or storage of motor vehicles, but not fully enclosed.
"Cellular"
means an analog or digital wireless communication technology that provides services such as two-way mobile voice and data communications, paging, voice mail, electronic mail, conference calling, and facsimile.
"Cemetery"
means property used for the interring of the dead including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of a cemetery.
"Centerline"
means the right-of-way centerline as established by the County Engineer of the County, by the City Engineer of any city within the County, by the State Division of Highways of the State of California.
"Church"
means an institution providing facilities for worship or the assemblage of the public for worship, including personal counseling, education (church schools), day care, and the building or buildings where such activities take place.
"Clinic"
means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight.
"Club"
means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.
"Cluster development"
means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
"Co-location"
means the locating of wireless communication equipment/antennas by more than one wireless service provider on a single building-mounted, roof-mounted, or ground-mounted wireless communication facility.
"Commercial recreation and entertainment"
means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Does not include "adult-oriented businesses" or "bars, lounges, and nightclubs." Illustrative examples of commercial recreation and entertainment uses include: athletic clubs, bowling alleys, ice/roller skating rinks, scale-model courses, and similar uses.
"Commercial use"
means an activity, normally retail sales, carried out for monetary gain.
"Common area"
means land held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner.
"Common facility"
means a noncommercial use established primarily for the benefit and enjoyment of the community in which it is located, typically utility or service use oriented.
"Communal housing"
means for nonfamily groups with common kitchen and dining facilities but without medical, psychiatric or other care including boardinghouses, lodging houses, dormitories, fraternity/sorority houses, communes, and religious homes.
"Community care facilities"
means any facility, place or building where non-medical care and supervision are provided for seven or more persons (does not include the licensee or members of the licensee's family or persons employed as facility staff).
"Community center"
means a facility operated to provide recreational, cultural or other similar activities.
"Conditional use permit"
means a zoning instrument used primarily to review the location, site development, or conduct of certain land uses. These are uses which generally have a distinct impact on the area in which they are located, or are capable of creating special problems for bordering properties unless given special attention. A conditional use permit is granted at the discretion of the Planning Commission or Zoning Administrator and is not the automatic right of any applicant.
"Condominium"
means a building or group of buildings owned on a proportional basis with a specific benefit of ownership being the right to occupy an individual unit located within the structure(s).
"Contributing structures"
means all pre-1940 buildings and structures so identified in the City's Historic Building Inventory.
"Convalescent facility"
means a use providing bed care and in-patient services for persons requiring regular medical attention, and persons aged or infirm unable to care for themselves, excluding surgical or emergency medical services.
"Convalescent hospital"
means a facility providing long-term nursing, dietary and other medical services to convalescents or invalids but not providing surgery or primary treatments such as are customarily provided in a hospital. A convalescent hospital must be licensed by the State as such.
"Convenience market"
means a retail food market providing goods and other services on an extended hour basis.
"Coop"
means a coop is a place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of birds.
"Copy center"
means a commercial establishment that provides services such as document copying, word processing, scanning, binding, sorting, laminating, mounting and other similar services; computer terminal rentals are permitted as an incidental use, provided that less than 50% of the business is devoted to computer terminal rentals.
"Corner cut-off"
means the triangular area created by measuring from a corner a given distance along each property line or driveway and connecting the points at the end of those lines.
"Country club"
means a club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.
"Cultural resource"
means any structure, portion of a structure, improvement, district, or any grouping of structures or improvements related to one another by virtue of their sharing of common characteristics or uses, and any natural feature, landscape, site, area or object of scientific, aesthetic, educational, cultural, architectural, landscape architectural, archaeological, or historic significance to the citizens of the City and the State of California, the Southern California region or the nation which is listed in the National Register or is eligible for listing in the National Register.
"Curb grade"
means the level of the established curb in front of a building, as measured at the center of the frontage.
(Prior code 17.86.010, 9114; Ord. 13-65; Ord. 38-80; Ord. 20-82; Ord. 12-95; Ord. 24-96; Ord. 4-03; Ord. 4-05; Ord. 08-11, 2011)

§ 17.04.023 "D" Definitions.

"Day care center"
means any facility which provides non-medical care for an individual on less than a 24 hour basis including child day care centers for 13 or more children.
"Day nurseries"
means a facility where children are temporarily cared for in their parents' absence when and if there is provided on the lot or adjacent to the premises a play lot completely fenced, and containing an area of not less than 900 square feet, plus an additional 50 square feet for each child in excess of nine children and subject to all safety precautions as required by the Fire Department and Building Division.
"Decorative banner"
means a lightweight, flexible colored fabric of any size or material, not exceeding 24 square feet in area and attached singly or in pairs to utility poles or street light standards, which are used to identify, promote or advertise a commercial or industrial district or a festival, spectacular or other similar event of a general civic or public nature, or to complement the visual appearance of a commercial or industrial district but which do not contain written advertising copy. See Section 17.36.150 for applicable regulations.
"Defensible space"
means a physical space which is made usable and safe by means of a design encouraging pedestrian circulation, visual access and the elimination of visually obstructed areas.
"Demolition"
means an act or process that destroys, moves, or razes in whole or in part a building, structure, or site or permanently impairs its structural or architectural integrity.
"Density"
means the number of families, individuals, dwelling units, or housing structures per unit of land.
"Density bonus"
means a density increase over the otherwise maximum allowable residential density under the applicable Zoning Ordinance regulations and land use element of the general plan as of the date of application by the applicant to the City under and pursuant to Chapter 17.15 of this code.
"Density transfer"
means permitting unused allowable densities in one area to be transferred to another area while maintaining the average density over the aggregate land area.
"Design"
means: (1) architectural features; (2) street alignments, grades and widths; (3) drainage and sanitary facilities and utilities, including alignments and grades thereof; (4) location and size of all required easements and rights-of-way; (5) fire roads and fire breaks; (6) lot size and configuration; (7) traffic access; (8) grading; (9) land to be dedicated for park or recreation purposes; and (10) such other specific requirements in the plan and configuration of the entire project as may be necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan.
"Designation"
means the official listing and recognition of individual cultural resources, landmarks, and districts which meet National Register criteria as to their significance to the City, region, state, or nation's history or development.
"Detached building"
means a building which does not have a wall of four feet or more in length in common with another building.
"Developer"
means the person or firm who prepares acreage for development and installs sufficient improvements to facilitate further subdivision of the property and construction of authorized uses. In the case of larger acreage there may be a master developer who sells property to several builders. With smaller acreage, the developer may be the original land owner or an individual builder.
"Development plan"
means a map or maps, along with supporting text and data, statistics or tables which describe the entitlement to use and associated conditions thereto authorized for a described parcel of land, approved in accordance with the requirements of the applicable plan.
"Development"
means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.
"Discretionary project"
means an activity which requires the exercise of judgment, deliberation, or decision on the part of the public agency in the process of approving or disapproving a particular activity, as distinguished from situations where the public agency merely has to determine whether there has been conformity with statutes, ordinances or regulations.
"Distribution"
means a use engaged primarily in distribution of manufactured products, supplies, and equipment, including incidental storage and sales activities, but exclusive of bulk storage of materials which are flammable or explosive.
"Division wall"
means a masonry wall constructed between parking, commercial or less restricted zones and the residential zones as a condition precedent to the approval of a building plan or the issuance of a Building Permit.
"Dormitory" or "dormitory-style housing"
means a structure used for group accommodations, containing a number of private or semiprivate bedrooms with or without a private bathroom, usually with common recreation and kitchen areas, primarily advertised to and exclusively occupied by students of a provider of higher education. A dormitory may be owned or operated by a university, college, or private owner. See also "student housing."
"Drive-in operation"
means an operation or business in which any goods, wares, merchandise, or services are sold and delivered to persons while such persons are occupants of vehicles.
"Drive-in theater"
means an outdoor movie theater where patrons view movies or any other form of entertainment on a screen or stage from their vehicles.
"Driveway"
means a private roadway of 100 feet or less in length providing direct access for vehicles to a parking space, garage, dwelling or other structure.
"Duplex or duplex residential"
means an attached or detached building containing two dwelling units wherein the occupants of each individual dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. A property designated duplex residential is neither a single-family nor a multi-family property.
"Dwelling"
means a structure or portion thereof which is used exclusively for permanent human habitation.
"Dwelling, duplex"
means a property developed with two dwelling units, either attached in a single structure or in two separate structures, wherein the occupants of each individual dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit.
"Dwelling, multiple-family"
means a building or portion thereof used and/or designed as a residence with separate dwelling units for three or more households living independently of each other.
"Dwelling, single-family"
means an attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit.
"Dwelling unit"
means an attached or detached building containing one or more rooms wherein the occupants of each dwelling unit living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit.
(Prior code 17.04.230, 17.72.010, 9100.18, 9100.2711; Ord. 400; Ord. 77-64; Ord. 5-71; Ord. 18-76; Ord. 20-82; Ord. 5-89; Ord. 12-95; Ord. 7-01; Ord. 7-07; Ord. 2-08; Ord. 08-15, 2015; Ord. 02-21, 2021; Ord. 10-22, 2022; Ord. 15-23, 11/14/2023)

§ 17.04.024 "E" Definitions.

"Easement"
means a grant of one or more of the property rights by the property owner to, and/or for the use by the public, a corporation or another person or entity.
"Eaves"
means the projecting lower edges of a roof overhanging the wall of a building.
"Efficiency unit"
means an accessory dwelling unit, as provided under California Health and Safety Code Section 17958.1, or its successor.
"Elevation"
means a flat scale drawing of the front, rear or side of a building or structure.
"Enclosed"
means a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, for a space of not less than 100 square feet fully surrounded by a building or walls exceeding eight feet in height.
"Enhanced specialized mobile radio" (ESMR)
means a digital wireless communication technology that specializes in providing dispatching services for mobile radio systems.
"Entertainment establishment"
means an establishment such as a night club, cabaret, or similar facility which provides live entertainment for an audience of 50 or more persons, whether or not alcoholic beverages are served on the premises.
"Environmental impact report" (EIR)
means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act, and may mean either a draft or a final EIR.
"Equestrian facility"
means a structure or area, the use of which is devoted to activities involving horses, including mules, donkeys, and jackasses.
"Equipment rental yard" or "contractor yard"
means a use providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation services, or similar activity. The term "contractor yard" shall include a construction materials yard, vehicular service center, or similar use.
(Ord. 12-95; Ord. 24-96; Ord. 02-17, 2017)

§ 17.04.025 "F" Definitions.

"Façade"
means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
"Family"
means one or more persons related by blood or legal status or persons not so related who are functioning as a family or single-housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the family is fairly stable as opposed to transient and members have some control over who becomes a member of the family.
"Family day care home, large"
means a single-family dwelling with the accessory daytime care of seven to 12 children.
"Family day care home, small"
means a single-family dwelling with the accessory daytime care of one to six children.
"Fence"
means a substantial solid barrier intended to enclose, separate or surround. Landscaping that forms a substantial solid barrier within a front yard setback will be considered a fence.
"Fence, open"
means a barrier intended to enclose, separate or surround which is constructed in such a way that no more than 20% of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.
"Flood plain zone – area of shallow flooding"
means a designated AH, AO, or VO zone on the Flood Insurance Rate Map (F.I.R.M.) in which: (1) the base flood depths range from one to three feet; (2) a clearly defined channel does not exist; and (3) the path of flooding is unpredictable and indeterminate.
"Flood plain zone – area of special flood hazard"
means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
"Flood plain zone – base flood"
means a flood having a one percent chance of being equaled or exceeded in any given year.
"Flood plain zone – breakaway walls"
means any type of walls, whether solid or lattice; and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are so designed as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters.
"Flood plain zone – coastal high hazard area"
means the area subject to high velocity waters, including but not limited to, tsunamis. The area is designated on a F.I.R.M. as Zones V and VI-30.
"Flood plain zone – flood"
means a general and temporary condition of partial or complete inundation of normally dry land area from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation of runoff of surface waters from any source; and/or (3) mud slides (i.e., mud flows) which are proximately caused or precipitated by accumulations of water above or under the ground.
"Flood plain zone – flood, design"
means that flood against which protection is to be provided by means of land use regulation, flood protective or flood control works. The design flood shall be the 100-year recurrence interval (base flood).
"Flood plain zone – flood hazard area"
means an area having special flood mudslide (i.e., mudflow) and/or flood-related erosion hazards, as shown on a Sectional District Map, Flood Insurance leased, let or hired out to be occupied, or which is occupied, at the home or residence of three or more families living independently of each other, with provisions for doing their own cooking in said building.
"Flood plain zone – flood insurance rate map" (F.I.R.M.) and "flood boundary floodway map"
mean the official maps on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood plain zone – flood insurance study"
means the Federal Insurance Administration "Flood Insurance Study for Orange County, Unincorporated Areas," dated March 15, 1979, providing flood profiles, as well as the boundaries and the water surface elevations of the base flood, including the Flood Boundary and Floodway Map incorporated therein.
"Flood plain zone – flood proofing"
means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
"Flood plain zone – flood protection system"
means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
"Flood plain zone – flood related erosion"
means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining, caused by waves or currents of water exceeding anticipated cyclical levels, or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or by an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
"Flood plain zone – floodway"
means the channel or a river or other watercourse and that part of the flood plain reasonably required to discharge the design flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain.
"Flood plain zone – floodway fringe"
means the area between the 100 year flood boundary and the floodway shown on the Flood Boundary and Floodway Map incorporated in the Flood Insurance Study.
"Flood plain zone – floodway, regulatory"
means the area designated as the "floodway" on the official Federal Insurance Administration Flood Boundary and Floodway Maps incorporated in the Flood Insurance Study for the County of Orange.
"Flood plain zone – habitable floor"
means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."
"Flood plain zone – structure"
means anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improvements of a minor character. For flood plain management purposes, "structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, and includes a mobile home.
"Floor area, gross"
means the total horizontal area, in square feet, including the exterior walls of all floors of a structure.
"Floor area ratio" (F.A.R.)
means the building square footage divided by lot area. Building square footage shall include all structures on a lot, including garages and accessory structures, unless otherwise provided in this code. Parking structures and patio covers open on at least two sides shall not be included in the calculation of F.A.R. F.A.R. shall not include ADUs but ADUs shall count against future primary building additions and future accessory structures.
"Frontage"
means the length of that portion of a lot abutting a street.
(Prior code 17.04.260; Ord. 61-64; Ord. 20-82; Ord. 12-95; Ord. 11-08; Ord. 8-14, 2015; Ord. 19-21, 2022; Ord. 15-23, 11/14/2023)

§ 17.04.026 "G" Definitions.

"Garage"
means a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
"General plan"
means the adopted General Plan of the City of Orange which is the official statement of policy relative to physical development within the City boundaries.
"Grade, natural"
means the elevation of the ground surface in its natural state, before man-made alterations. (Ref. Code 12.04.010)
"Grading, contour"
means a grading concept designed to result in earthforms and contours which resemble natural terrain characteristics, with generally curving, non-linear slope banks having variations in the slope ratios of the horizontal and vertical curves.
"Group home"
means any residential care facility for six or fewer persons who are mentally disordered or otherwise handicapped or supervised and where such a facility is licensed by the State.
"Guest parking"
means parking spaces provided with a residential unit for intermittent use by visitors.
"Guest room"
means any rented or leased room which is used or designed to provide sleeping accommodations for one or more guests in apartments, hotels, motels, private clubs, lodges, and fraternal organizations.
(Prior code 17.04.270; Ord. 400; Ord. 723; Ord. 20-82; Ord. 12-95; Ord. 03-21, 2021)

§ 17.04.027 "H" Definitions.

"Handicapped housing"
means any housing which is designed and physically improved to accommodate physically handicapped persons.
"Health facility"
means any facility, place or building which is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental. For a complete definition, refer to Section 1250 of the California Health and Safety Code.
"Historic building inventory"
means the list of nominated cultural resources worthy of preservation within the City which have been identified in the 1982 Historic Survey as commissioned by the City. The updated 1992 Historic Inventory includes both an update of contributing structures and non-contributing buildings within the Old Towne Square Mile District, and potential landmarks within the City.
"Historic district"
means a geographically definable area which: (1) possesses a significant concentration, linkage or continuity of sites, buildings, improvements or objects united by past events, architectural style or design, or aesthetically by plan or physical development, and (2) is comprised of individual elements separated geographically but linked by association or history.
"Historic property"
means a separate structure or site 50 years old or older that has significant historic, architectural, or cultural value but is not a landmark.
"Home occupation"
means any accessory activity carried out for financial gain which is conducted within a dwelling unit or an accessory structure to the unit. The principal use of the dwelling unit must be a residential use, and the home occupation must be incidental to the residential use of the dwelling unit. Home occupation activities shall involve the use of materials and equipment only found customarily in a residential unit.
"Homeless shelter"
means a building that provides immediate and short-term overnight sleeping accommodations for homeless persons or families, with limited on-site supporting services. No person or family may be denied shelter at this facility due to the inability to pay. Temporary shelters established in response to an emergency or disaster (such as flood, fire or cold-weather occurrences), or temporary shelters ancillary to a church use do not fall within this definition. As used in this code, "homeless shelter" shall have the same meaning as "emergency shelter," as contained in state law. Notwithstanding, these uses shall comply with federal, state and local regulations as applicable.
"Homeowners association"
means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, and/or facilities.
"Hospital"
means an institution consisting of a facility licensed by the State Department of Public Health for the provision of clinical, temporary or emergency service of a medical, obstetrical or surgical nature to human patients, including overnight care of patients.
"Hot dog vending cart"
means a portable, non-motorized device, operating outside of a building, from which a vendor primarily sells hot dogs.
"Hotel"
means a residential building designed or used to be rented for transient occupancy by guests for dwelling, lodging, or sleeping purposes containing six or more guest rooms or suites of rooms not containing cooking facilities, but not including any building in which human beings are housed or detained under legal restraint or which is used as a drug or other rehabilitation center.
(Prior codes 17.04.030, 17.04.290; Ord. 400; Ord. 15-69; Ord. 35-79; Ord. 12-80; Ord. 20-82; Ord. 22-92; Ord. 3-93; Ord. 12-95; Ord. 06-12, 2012; Ord. 25-24, 9/24/2024)

§ 17.04.028 "I" Definitions.

"Improvement"
means any building, structure, wall fences, steps, paving, gate, sign, light, general arrangement of place or area, the kind of texture or quality of building material, landscaping, hardscape, or work of art or other object which may be erected upon or proposed to be erected upon any specific real estate.
"Institutional use"
means a non-profit or quasi-public use of institution such as a church, library, public, or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose.
"Instructional use"
means a use, other than a school, as defined by the California Department of Education, that consists of at least one instructor seeking to elicit a response from participants and more than one participant with a collective purpose of receiving instruction. Examples of instructional uses include, but are not limited to, martial arts instruction, physical fitness instruction, dance instruction, painting or drawing instruction, group counseling, tutoring, and motor vehicle driving test instruction.
"Interior street"
means a private drive or lane having a designated speed of 25 mph or less which affords circulation and access within a residential development of attached or multi-family dwelling units.
"Intermediate care facility"
has a meaning similar to residential care facility, but greater levels of care and supervision are provided, including up to 40 hours of nursing care per week. Such a facility requires state licensing and is not considered "senior citizen housing" for the purposes of this title.
(Ord. 12-95; Ord. 05-16, 2016)

§ 17.04.029 "J" Definitions.

"Job center"
means a location at which five or more individuals seeking employment are permitted by the property owner to congregate at one time to advertise their availability to perform work which is performed at an off-site location and which work is not at the direction or on behalf of the property owner.
"Junk or salvage yard"
means any area, lot, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.
(Ord. 12-95; Ord. 13-18, 2018)

§ 17.04.030 "K" Definitions.

"Kennel"
means an establishment in which four or more domesticated animals, more than four months old, are housed, groomed, bred, boarded, trained or sold.
"Kitchen"
means a room or portion thereof containing facilities designed or used for the cooking and/or preparation of food including a sink and the presence of a range or oven, or utility connections suitable for servicing a range or oven.
(Prior code 17.04.030, 17.04.310; Ord. 400; Ord. 16-65; Ord. 12-95; Ord. 8-14, 2015)

§ 17.04.031 "L" Definitions.

"Land use plan"
means a plan showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes.
"Landmark"
means any site or improvement, manmade or natural, which has special character or special historical, cultural, architectural, archeological, community or aesthetic value as part of the heritage of the City, region or the United States.
"Landscaping"
means an area devoted to or developed and maintained predominantly with native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas). Artificial turf is considered landscaping provided it maintains a natural appearance where the grass-like surface covering replicates lush natural grass in appearance and function. No other artificial plant material shall be considered landscaping.
"Landscaping plans"
means a plan which indicates the type, size and location of vegetative and accent material proposed for the landscaping of a site including all irrigation and other devices necessary to maintain such landscaping.
"Lattice tower"
means a freestanding structure with three or four steel support legs, used to hold a variety of antennas. They range in height from 60 to 200 feet, and are generally found in areas where greater height is needed, where multiple microwave antennas are required, or where weather conditions demand a more substantial structure.
"Living area, common"
means the interior habitable area of a dwelling unit, other than the kitchen, bedrooms, bathrooms, utility rooms, garage, and basement, that is of sufficient size to be shared by all occupants of the dwelling unit with no other specific purpose other than shared gathering area.
"Loading space"
means 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.
"Local register"
means the list of properties located within the City that comprise the list of designated cultural resources and historic districts.
"Lodging house"
means a residence or dwelling, other than a hotel, wherein lodging and meals are provided to five or more persons for compensation, whether direct or indirect. In determining the number of persons lodging in a lodging house, all residents shall be counted, including an owner, agent or manager.
"Lot"
means land which abuts upon at least one public street, or any numbered or otherwise designated parcel of land shown on: (1) a recorded tract map, (2) a record of survey map recorded pursuant to an approved division of land, or (3) a parcel map.
"Lot, corner"
means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
"Lot, cul-de-sac"
means a lot which is adjacent to a cul-de-sac as defined in Standard Plan No. 109 of the Department of Public Works Plans and Specifications, January 1981 edition.
"Lot, flag"
means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this code for lot width, but having a dimension of at least 20 feet at its narrowest point.
"Lot frontage"
means the distance between the side lot lines measured at the front setback line on a line parallel with the street property line.
"Lot, interior"
means a lot other than a corner lot.
"Lot, key"
means the first interior lot to the rear of a reversed corner lot which is not separated therefrom by an alley.
"Lot, knuckle"
means a lot adjacent to a street knuckle as defined in Standard Plan 110 of the Department of Public Works Plans and Specifications, January 1981 edition.
"Lot, reversed corner"
means a corner lot in which the side lot line is substantially a continuation of the front lot line of the nearest lot to its rear.
"Lot, substandard"
means any lot which does not meet the minimum dimensions, the area of any easement which restricts the normal usage of the lot may be excluded.
"Lot, through"
means a lot which fronts upon two streets which do not intersect at the boundaries of the lot.
"Lot area, net"
means the area within the property lines of a parcel exclusive of any dedications for public rights-of-way, parks and school sites.
"Lot coverage"
means the area devoted to the principal and accessory structures, patios enclosed on three sides, garages, and covered parking.
"Lot depth"
means the average linear measurement between the front and rear lot lines when measured at 90 degree angles from the front lot line.
"Lot line"
means the lines bounding a lot as defined herein.
Lot line, front
means in the case of an interior lot, the line dividing the lot from the street. In the case of a corner lot or through lot, the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line abutting a street shall be deemed an exterior side, unless determined otherwise by the Zoning Administrator. In the case of a through lot or a corner lot whose exterior lot lines are the same length, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. In the case of an interior lot, when the lot line abutting a street is curved, the front lot line follows the curve; for corner lots, separation of lines occurs at the middle of the curve. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot including the width of the pole as shown in the figure that follows.
017 Lot line, front.tif
"Lot line, rear"
means the lot line opposite and most distant from the front lot line; or in the case of an irregularly shaped lot, a straight line not less than 10 feet long, within the lot, and most nearly parallel to and at the maximum distance from the front lot line.
"Lot line, side"
means any lot lines other than the front or rear lot lines.
"Lot width"
means the average linear distance between side lot lines when measured at a 90 degree angle to the front lot line.
(Prior code 17.04.330, 17.04.340, 17.04.350, 17.04.360; Ord. 400; Ord. 62-64; Ord. 22-78; Ord. 20-82; Ord. 12-95; Ord. 24-96; Ord. 1-06; Ord. 9-09, 2009; Ord. 02-17, 2017; Ord. 10-22, 2022; Ord. 15-23, 11/14/2023)

§ 17.04.032 "M" Definitions.

"Manufactured home"
means as defined in Section 18007 of the California Health and Safety Code. A manufactured home does not include a recreational vehicle (as defined in California Health and Safety Code Section 18010).
"Manufacturing"
means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental processing of extracted or raw materials.
"Map Act"
means the Subdivision Map Act of the State of California.
"Marquee"
means a permanent roof structure attached to and supported on a building projecting over a building setback line.
"Massage"
means any method of treating the external parts of the body for remedial, hygienic or any other reason or purpose, whether by means of pressure, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus with or without supplementary aids such as oils, powders, creams or other similar preparations commonly used in this practice.
"Massage establishment"
means any licensed business conducted within the City wherein any person, for money or any other consideration, administers to another person a massage or health treatments involving massage as a significant function.
"Maximum lot (building) coverage"
means the maximum area of the lot that may be covered by buildings, roofed structures and patios enclosed on three sides. This may be expressed in square footage or as a percentage of the minimum lot area.
"Merger"
means the joining of two or more contiguous parcels of land under one ownership into one parcel pursuant to the Subdivision Map Act.
"Mills Act"
provides property tax relief for owners of qualified historic properties who agree to comply with certain preservation restrictions. (Ca. Gov. Code Sections 50280-50289), (Revenue and Tax Code Number Sections 439.2-439.4).
"Minimum building pad"
means the minimum land area in square feet required within a lot which constitutes an acceptable building pad.
"Minimum net lot area"
means the amount of land that must be contained in a lot for each dwelling unit to be built on that lot. This ratio is typically applied in multiple-family zones. In single-family zones, it is the same as minimum lot size.
"Mini-warehouse"
means a structure containing separate storage spaces of varying sizes, leased or rented on an individual basis.
"Mixed use"
means the development of a tract of land or building or structure with two or more different uses such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form.
"Mixed use horizontal development"
means development that combines two or more types of land uses (e.g., residential, commercial, office, industrial, institutional, or recreation) on a single development site, but not necessarily in the same building, typically nonresidential uses are located adjacent to the street and residential uses are located away from major streets behind nonresidential uses.
"Mixed use vertical development"
means development that combines two or more types of land uses (e.g., residential, commercial, office, industrial, institutional, or recreation) in a single building in a vertical configuration, typically with residential uses located above nonresidential uses.
"Mixed use zone"
means a land use designation (zoning district) that allows a combination of uses, which may include residential, commercial, office, industrial, institutional, or recreational uses.
"Mobile home"
means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. Mobile home includes a manufactured home but, except as provided in subdivision (b) of Section 798.3 of the California Vehicle Code for certain specified trailers and recreational vehicles, does not include a recreational vehicle (as defined in Section 18010 of the California Health and Safety Code) or a commercial coach or commercial modular (as defined in Section 18001.8 of the California Health and Safety Code).
"Mobile home park"
means any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes used for human habitation.
"Monopole"
means a structure composed of a single spire used to support antennas and related communications equipment. Monopoles range in height from 25 to 125 feet, and are approximately three feet in diameter at the base, narrowing to approximately one and one-half feet at the top.
"Motel"
means an establishment otherwise defined as a hotel with at least 25% of all rooms having direct access to the parking areas without the necessity of passing through the main lobby of the building.
"Motor vehicle"
means a machine capable of self-propulsion, with or without human guidance, whether for the performance of work or as a mode of transportation.
"Multi-phase development"
means a development project that is constructed in increments, each increment capable of existing independently of the other.
(Prior codes 17.04.300, 17.04.370, 17.04.380; Ord. 400; Ord. 38-73; Ord. 20-82; Ord. 12-95; Ord. 24-96; Ord. 22-98; Ord. 2-08; Ord. 08-11, 2011; Ord. 02-17, 2017)

§ 17.04.033 "N" Definitions.

"National Register"
means the National Register of Historic Places maintained by the Secretary of the Interior under authority of the Historic Sites Act of 1935 and the National Historic Preservation Act.
"Nominated resource"
means those structures, buildings, places, urban design features and other objects for which application for designation has been made.
"Nonconforming land"
means a parcel the size, dimensions or use of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
"Nonconforming structure"
means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
"Nonconforming use"
means a use or activity which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
"Noncontributing buildings"
means buildings within the Old Towne Square Mile Historic District which do not contribute to the district because the buildings are contemporary in architectural style and are less than 50 years old.
"Nursing home"
means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
(Ord. 20-82; Ord. 12-95)

§ 17.04.034 "O" Definitions.

"Off-street parking space"
means a parking area for a motor vehicle that is not located on a dedicated street right-of-way.
"Office, professional"
means a use providing professional or consulting services in the fields of law, medicine, architecture, design, engineering, accounting, reading of palms, and similar services.
"On-street parking space"
means a short term parking area for a motor vehicle which is located on a dedicated street right-of-way.
"Open space, active"
means any parcel or area of land or water set aside, dedicated, designated, reserved or developed for public or private use which may contain recreational facilities such as pools and swimming areas, court and other game areas, playing fields and equipment facilities for various activities.
"Open space, common"
means land within or related to a development, neither individually owned nor dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
"Open space, passive"
means any parcel or area of land or water set aside, dedicated, designated, reserved or developed for public or private use or enjoyment which is established in order to preserve the natural and aesthetic qualities of the area and may be used for nonstructured recreational activities.
"Open space, private"
means an open space, fenced or otherwise, which is reserved for the exclusive use by the occupants of a single specified dwelling unit.
"Open space, public"
means open space owned by a public agency and maintained by it for the use and enjoyment of the general public.
"Open space, usable"
means any space on a lot not enclosed by buildings and intended for recreation and leisure uses. Usable open space includes yards, courtyards, balconies, decks, porches, and patios but does not include front yard setbacks, driveways, parking spaces or side yards less than eight feet in width. In multiple-family developments, indoor recreation areas may count toward the usable open space requirement.
"Outdoor advertising structure"
means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign or other advertising device may be placed.
"Overhang, vehicle"
means the portion of a parking space for a vehicle that extends beyond the wheel stops or curb.
"Overlay district"
means a district established by this title, which may be applied to an area or vicinity only in combination with a base district.
"Overlay zone"
means a set of zoning requirements that is described in the text of the Orange Municipal Code, is mapped and is imposed in addition to those requirements of the underlying district.
"Owner of property"
means the owner of record on any parcel of real property as listed on the county assessor's tax roll, or a holder of a subsequently recorded deed to the property.
"Owner's authorized agent"
means any person authorized to act for the owner of a property by virtue of a notarized statement of authorization, a proof of contract to purchase or a lease to the property.
(Ord. 12-95; Ord. 10-22, 2022)

§ 17.04.035 "P" Definitions.

"Pad, building"
means the relatively flat buildable portion of a lot, not exceeding a five percent grade, created with the original subdivision. Retaining walls used to increase pad size shall not exceed three feet in overall height as measured from top of wall's foundations to top of wall.
"Parapet"
means the vertical extension of external walls of a building that rise above the roof level.
"Parcel"
means an area of land, the boundaries of which have been legally established in conformance with the State Subdivision Map Act.
"Parcel map, tentative"
means a map made for the purpose of showing the design and improvement of a proposed subdivision which need not be based upon an accurate or detailed final survey of the property.
"Parcel map, vesting"
means a map which meets the requirements of Section 66452 of the Government Code and confers a vested right to develop.
"Parking"
means the stopping or stationary location of a vehicle without the operator present.
"Parking area, private"
means an area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use.
"Parking area, public"
means an area used for the parking of vehicles and available for general public use, either free or for remuneration.
"Parking space"
means an area with minimum dimensions as established in the parking standards for a district, which is accessible and available for the parking of one vehicle.
"Parking structure"
means an attached or detached structure or portion thereof composed of more than one level or floor used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
"Parks, public"
means an open space intended for public recreational use which is operated by the City, County or State.
"Parolee"
means an individual who has been convicted of a federal or state crime, sentenced to a federal or state prison or to a term in the California Youth Authority and has received conditional and revocable release in the community and is under the supervision of a federal, state or youth authority probation/parole officer.
"Passenger vehicle"
means a motorized vehicle, other than a recreational vehicle or commercial vehicle, that is primarily used for purposes of general transportation of persons.
"Pawn shop"
means an establishment wherein a person or entity lends money on personal property pledged to such person or entity, or deposited with such person or entity as security until redeemed or, if unredeemed, an establishment where such property is displayed and sold.
"Permitted use"
means any use allowed in a zoning district by right and subject to the restrictions applicable to that zoning district.
"Personal communication services" (PCS)
means a digital wireless communication technology that will provide a broad range of telecommunication services, such as two-way mobile voice and data communication, paging, facsimile, voice mail, electronic mail, and video telecommunications.
"Planned unit development"
means a development established to provide an alternative to standard residential development wherein the existing General Plan densities are preserved but flexibility is provided by allowing the clustering of units and combining of open space, recreation areas and roadways under common ownership.
"Plaza historic district"
means the City's original commercial hub of Historic Structures dating from the 1880s to the 1930s which surround the central public square and circular Plaza at Glassell Street and Chapman Avenues as designated in the National Register. The Plaza District was listed on the National Register on March 19, 1982.
"Plot plan"
means a diagram of a lot, as seen from above, showing the outline of all structures on the lot and indicating the distance of the structures from the borders of the lot.
"Preliminary site plan"
means a preliminary plan developed to identify the location and general relationships between: land uses, improvements, structures, circulation systems, landscaping and design elements.
"Primary residence" or "primary dwelling"
means a residence located on a lot zoned for a residential dwelling(s) and consisting of at least 50% greater floor space than any other dwelling on the lot. A primary residence has direct utility connections, is typically the first residence constructed on a lot, and is the largest unit when an accessory dwelling unit is constructed concurrently. Accessory dwelling units are not primary residences.
"Principal building, residential"
means an existing or proposed legal single-family, duplex, or multiple-family dwelling unit, as contrasted with an accessory structure. An attached garage shall not be considered part of the residential principal building except as specifically stated in this title.
"Private club"
means a building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members share common interest or pay dues.
"Probationer"
means a person who has been convicted of a crime and who has received a suspension in the imposition or execution of their sentence and has received conditional and revocable release in the community under the supervision of a probation officer, as provided under California Penal Code Section 1203 or its successor.
"Property owner"
means the person or entity that owns the property in fee, is a tenant or a person who is otherwise in lawful possession of the property and their respective designated agents.
"Public services offices or uses"
means those offices or uses established by any governmental or public entity which are established to provide direct service to the public at a particular location. Examples of public service offices and uses include, but are not limited to, the following:
1. 
Department of Social Welfare;
2. 
Department of Motor Vehicles;
3. 
Department of Human Resources Development;
4. 
Internal Revenue Service;
5. 
Social Security Administration;
6. 
Jails and similar detention facilities;
7. 
Hospitals established and maintained by public entities;
8. 
Courts.
"Public utility structure"
means any substation, equipment housing building, or similar structure used or operated by a public utility.
(Prior code 17.04.410; Ord. 15-73; Ord. 12-95; Ord. 4-00; Ord. 7-04; Ord. 7-09, 2009; Ord. 8-14, 2015; Ord. 13-18, 2018; Ord. 02-21, 2021; Ord. 03-21, 2021)

§ 17.04.036 "Q" Definitions.

"Qualifying resident"
means a person 55 years of age or older in a senior citizen housing development and includes other persons eligible to reside in a senior citizen housing development, as defined in Section 51.3 of the California Civil Code.
"Quarry"
means a place where rock, ore, stone and similar materials are excavated.
"Quasi-public"
means a use owned or operated by a non-profit, religious or charitable institution and providing education, cultural, recreational, religious or similar types of public programs.
(Ord. 12-95; Ord. 2-08)

§ 17.04.037 "R" Definitions.

"Rebuild"
means to undertake construction within and/or on an existing building which has a valid construction permit with a construction value greater than 75% of the replacement cost of the existing building being rebuilt.
"Recreational trail"
means a multi-purpose pathway designated and maintained for use by equestrians, hikers, and bicyclists. Motorized vehicles are restricted from recreational trails.
"Recreational vehicle"
means a trailer or motorized vehicle that is intended for recreational, camping and travel use, including, but not limited to, truck campers, camping trailers, self-propelled motor homes, all-terrain vehicles and boats
"Recreational vehicle park"
means an area used or intended to be used for camping by recreational vehicles.
"Recyclable material"
means recyclable material is reusable material, including, but not limited to, metals, glass, plastics and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling facility"
means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. 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 by that residential property, business or manufacturer. Recycling facilities may include the following:
1. 
"Collection facility." A collection facility is a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such facility does not use power-driven processing equipment except as indicated in Section 4, Criteria and Standards. Collection facilities may include the following:
a. 
Reverse vending machine(s);
b. 
Small collection facilities which occupy an area of not more than 500 square feet and may include:
i. 
A mobile unit;
ii. 
Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;
iii. 
Kiosk type units which may include permanent structures;
iv. 
Unattended containers placed for the donation of recyclable materials.
c. 
Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.
2. 
"Processing facility." A processing facility is 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 baling, briquetting, compacting, flattening, grinding, crushing, or mechanical sorting, shredding, cleaning and re-manufacturing. Processing facilities include the following:
a. 
A light processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable material sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers;
b. 
A heavy processing facility is any processing facility other than a light processing facility.
3. 
"Reverse vending machines." A reverse vending machine is an automated mechanical device which accepts at least one or more types of empty beverage containers, including but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container or redemption value 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 certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designated to accept more than one container at a time, and will pay by weight instead of by container.
4. 
"Mobile recycling unit." A mobile recycling unit means an automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
"Residential care facility"
means any family home, group care facility or similar facility as determined by the Director of the State Department of Social Services which provides 24 hour non-medical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Such facilities require state licensing and are not considered "senior citizen housing" for the purposes of this title.
"Resource recovery"
means the process of obtaining materials or energy, particularly from solid waste.
"Rest home"
means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
"Restaurant"
means an establishment where food and beverages are prepared, served and consumed primarily within the principal building.
"Restaurant, counter service"
means a restaurant or fast food restaurant where food is ordered and paid for at the counter and either picked up at a service counter or brought to the table with no wait service provided. Counter service restaurants are characterized by quick service and customer stays shorter than full service sit down restaurants where food is ordered from, and served by, wait staff. Counter service establishments include service of pre-prepared food to order or food made to order. Typical counter service establishments have a limited menu and have significant sales based on to-go orders. Examples of counter service restaurants include, but are not limited to, establishments that predominantly serve coffee, bagels, donuts, or sandwiches.
"Restaurant, drive-in"
means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designated to take place outside the confines of the building, often in a motor vehicle.
"Restaurant, fast food"
means a restaurant which supplies food and beverages primarily in disposable containers and which is characterized by high automobile accessibility, self-service and short stays by customers.
"Restaurant, full service"
means a restaurant where patrons are seated, served by wait staff for initial and any subsequent orders, and payment is made to wait staff. Full service restaurants typically utilize non-disposable dishware and utensils and customers tend to remain for longer times than quick service restaurants. Full service restaurants rely predominantly on dine-in as opposed to a significant amount of take-out customers.
"Retail"
means the selling of goods, wares or merchandise directly to the ultimate consumer.
"Right-of-way"
means a corridor, either public or private, on which a right of passage has been recorded.
"Room"
means an area of a building fully enclosed by walls, windows, and/or doors, and a roof and floor.
"Room, primary"
means a living room, dining room or family room.
"Room, secondary"
means all rooms other than primary rooms.
"Room and board facility"
means a facility where centralized kitchen and dining areas are provided, and where individual units do not have full kitchens. Services such as housekeeping, laundry, and full-time staff supervision may also be offered, but medical care or individual care or supervision is not provided.
(Prior code 17.04.090, 17.04.190, 17.04.420, 17.04.430; Ord. 400; Ord. 5-71; Ord. 20-82; Ord. 7-89; Ord. 12-95; Ord. 19-97; Ord. 12-21, 2021)

§ 17.04.038 "S" Definitions.

"Salvage"
means the utilization of waste materials.
"Sanitarium, health"
means an institution where patients, other than the mentally disoriented or mentally incompetent, are housed and where medical or post-surgical treatment is provided.
"Sanitarium, mental"
means an institution for the recuperation and treatment of the mentally disordered, mentally incompetent or victims of drug addiction.
"Satellite dish antenna"
means a parabolic or disc shaped antenna of either solid or mesh construction intended for the purpose of receiving communications from orbiting satellite transceivers.
"Scenic highway"
means any highway designated as a scenic highway by an agency of the City, county, state or federal government.
"Screening"
means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
"Seat"
means a formal sitting fixture whether an individual movable or fixed chair, stool, bench, or booth.
"Seat, fixed"
means an immovable seat attached to the floor. For purposes of this definition, an individual fixed seat for bleacher or bench seating measures 26 inches in width.
"Second hand store"
means any premises used for the sale or handling of used goods including establishments for the sale or trade of used clothing, furniture and appliances, but excluding a pawn shop.
"Secretary of the Interior's Standards for Rehabilitation"
means the guidelines prepared by the National Park Service for Rehabilitation of Historic Buildings and the Standards for Historic Preservation Projects.
"Senior citizen housing development"
means a residential development developed, substantially rehabilitated, or substantially renovated for, qualifying residents that has at least 35 dwelling units and otherwise meets the requirements of Section 51.3 of the California Civil Code.
"Senior housing"
means housing intended and operated for occupancy by persons 55 years of age or older that also meet the following criteria:
1. 
At least 80% of the units must have at least one occupant who is 55 years of age or older; and
2. 
The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and
3. 
The facility or community must comply with HUD's regulatory requirements for age verification of residents.
"Service station"
means a retail place of business engaged primarily in the sale of petroleum products, goods, and services required in the operation and maintenance of motor vehicles under one and one-half ton capacity as the same is defined by the Motor Vehicle Code by the State and in which maintenance in minor repairs, washing, and lubrication services are conducted wholly within the service station building.
"Service station, idle"
means any automobile service station which has not been opened for business for at least 90 eight-hour days out of 180 consecutive days.
"Setback line"
means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.
"Sexually oriented/adult business"
means any business establishment or concern subject to the regulation of, and more particularly defined in, Chapter 5.86 of this code.
"Shopping center"
means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
"Short term rental"
means the rental of a dwelling unit or a portion thereof, or habitable accessory structure associated with a dwelling unit, by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of fewer than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, or bed and breakfasts shall not be considered a short term rental.
"Sidewalk"
means a paved surface or leveled area paralleling and usually separated from the street used as a pedestrian walkway.
"Sign"
means any writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other device, figure or similar character which:
1. 
Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure or device; and
2. 
Is used to announce, direct attention to or advertise; and
3. 
Is visible from outside the building or structure.
"Sign area"
means the sign area of an individually lettered sign including the background, is measured by enclosing the entire sign within two sets of parallel lines that contain all words or images composing the sign. The sign area of a sign with border or background is measured by a single continuous perimeter enclosing the exterior limits of the border or background. In calculating the area of signs, only one side of a two-sided sign shall be counted, so long as the parallel planes are not more than 20 inches apart.
"Sign structure"
means the sign and the supports, uprights, braces and framework of the sign.
"Sign, commercial"
means a sign whose message concerns goods or services offered for consideration by a person or entity engaged in a profit-oriented business.
"Sign, freestanding."
The term "ground sign" or "pole sign" shall mean any sign which is supported by one or more uprights, poles or braces in or upon the ground which are not a part of any building.
"Sign, illuminated."
See "sign, lighted."
"Sign, lighted"
means any sign illuminated by electric lighting devices.
"Sign, marquee"
means a permanent roofed structure that projects over public property and is attached to and supported by a building.
"Sign, moving"
means any advertising structure which has any visibly moving or revolving parts. Digital clocks and thermometers are exempt from this definition.
"Sign, noncommercial"
means any sign that is not intended to augment any commercial enterprise or to generate income. Noncommercial signs include, but are not limited to messages that are religious, civic or political in nature.
"Sign, nonstructural trim"
means the molding, battens, reveals, caps, returns, letters, and raceways which are attached to the sign structure.
"Sign, pole."
See "sign, freestanding."
"Sign, projecting"
means a sign other than a wall sign which projects from and is supported by a wall of a building or structure.
"Sign, roof"
means a sign erected, painted or attached upon or above the roof of a building or structure.
"Sign, temporary"
means any sign, banner, pennant, valance, or advertising display constructed on cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only.
"Sign, wall"
means any sign attached to, erected against, or painted upon the wall of a building or structure, the face of which is in a single plane attached and parallel to the plane of the wall.
"Sign, wind"
means a series of similar banners or objects of plastic or other light material more than two inches in any diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind breeze.
"Single-family residential" or "single-family residence"
means an attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit.
"Single room occupancy"
means a single room that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities, and may contain both. If the units do not contain sanitary facilities or food preparation facilities, the building must contain food preparation and/or sanitary facilities that are shared by tenants. "Single room occupancy" is different from and does not include, uses defined in Title 17 as "dormitory," or"dormitory-style housing," or "student housing."
"Site"
means any plot or parcel of land or combination of contiguous lots or parcels of land.
"Site plan"
means a plan drawn to scale showing uses and structures proposed for a parcel of land as required by the applicable regulations including lot lines, streets, building sites, reserved open space and other specific development proposals.
"Slope"
means the degree of deviation of a surface from the horizontal, usually expressed by a ratio, percent or degrees.
"Slope bank"
means a man-made natural slope steeper than 15%.
"Sober living facility"
means a dwelling unit with more than two tenants which is not licensed by the State and is being used as a drug and alcohol recovery facility for persons who are recovering from drug and/or alcohol addiction and in which all tenants, except for a house manager, are considered disabled under state or federal law and are actively enrolled and participating in a legitimate alcohol and/or drug recovery program.
"Solar access"
means a property owner's right to have the sunlight shine on his or her land.
"Solar energy system"
means a complete design or assembly consisting of a solar energy collector, and energy storage facility, and components for the distribution of transformed energy.
"Solid fence"
means a wood or masonry fence with no openings.
"Solid waste disposal facility"
means any facility or location authorized by Orange County, where disposal of solid waste occurs. "Solid waste" means all decomposable and nondecomposable solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes excluding sewage wastes.
"Specific plan"
means a fully planned community, with all design controls, servicing requirements and financing techniques incorporated into the plan, which is adopted with a self-contained regulatory text and serves to implement the general plan in more detail.
"Stable, private"
means a building or portion of a building used to shelter and feed horses or ponies which are used exclusively by the occupants of the property on which the stable is situated.
"Stable, public"
means a stable other than a private stable.
"Standards, development"
means the physical design and development portion of the Development Code controlling such items as building coverage, yard areas, height of structures or floor area ratios.
"Stock cooperative"
means a corporation that holds title to improved real property, either in fee simple or for a term of years. All or substantially all of the shareholders have a right of exclusive occupancy in a portion of the property, and the right of occupancy is transferable only concurrently with the transfer of the corporate stock.
"Story"
means that portion of the building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling above it and including those basements used for the principal use. A basement or underground parking lot shall be considered a story when the vertical distance from the average adjoining grade to its ceiling is over five feet.
"Story, habitable"
means a story maintaining room heights conforming to the California Building Code regulations for "habitable" space. Height-qualifying habitable stories shall be considered a story regardless of interior finish status.
"Story, half"
means one half-story as opposed to full story buildings are structures in which the top floor area is within the established roof line, and room heights within the half-story space conform to the California Building Code regulations for "habitable" space. The building has two floors of habitable rooms but appears as a one story structure from an architectural standpoint. The half-story may contain dormers. Within the Old Towne or established Historic District, the habitable space for the expansion of existing half-story structures and/or the new construction of half-story structures, including any dormers, shed roofs, and unfinished areas, shall not exceed 60% of the gross floor area of the floor below.
"Street"
means a vehicular right-of-way, other than an alley, which affords a primary means of access to abutting property:
1. 
"Private"
means a street in private ownership, not dedicated as a public street, which provides the principal means of vehicular access to a property but not including driveways, alleys, or parking areas.
2. 
"Public"
means a street owned and maintained by the City, the County, or the State. The term includes streets offered for dedication which have been improved, or for which a bonded improvement agreement is in effect. All public streets shall be constructed to City of Orange Department of Public Works Standard plans and specifications.
"Streetscape"
means that portion of the net lot area and improvements that is exposed to view from the street.
"Structure"
means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
"Student housing"
means a structure designed, primarily advertised to and exclusively used for long-term stay by students of an educational facility for group accommodations usually with common recreation and kitchen areas, primarily advertised to and exclusively occupied by students of a provider of higher education. This may include a dormitory or fraternity/sorority house or apartment. Student housing may be owned or operated by a university, college, or private owner. See also "dormitory" or "dormitory-style housing."
"Subdivision"
means the division by any person or partnership, firm, corporation, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, a community apartment project, or the conversion of five or more existing dwelling units to a stock more existing dwelling units to a stock operative.
"Subdivision, tract"
means a subdivision which creates five or more parcels to be developed as a whole by an owner or builder.
"Substantial improvement"
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: (a) before the improvement or repair is started; or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
"Supportive housing"
means buildings configured as rental housing developments with no limit on length of stay, that is occupied by the "target population," and that is linked to on-or off-site services that 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. (Ref: Health and Safety Code Section 50675.14(b)) Supportive housing is intended to be permanent housing and is typically rented under legal lease agreements. Typically, on-or off-site supportive services are offered to tenants, but participation is not required to maintain tenancy. "Target population" as used above means persons or families who are "homeless" (as that term is defined by 42 USC 11302), or who are "homeless youth" (as that term is defined by Government Code Section 11139.3(e)(2)), or persons who are homeless with a disability as that term is defined in state and federal law. (Ref: Health and Safety Code Section 50675.14(b)(3)(A))
(Prior code 9100.272, 17.04.110, 17.04.437, 17.04.440, 17.04.470, 17.84.030.L, 17.84.030.K; Ord. 400; Ord. 12-64; Ord. 13-66; Ord. 38-80; Ord. 20-82; Ord. 12-95; Ord. 14-00; Ord. 7-07; Ord. 2-08; Ord. 7-09, 2009; Ord. 06-13, 2013; Ord. 05-16, 2016; Ord. 05-21, 2021; Ord. 02-21, 2021; Ord. 12-21, 2021; Ord. 10-22, 2022; Ord. 15-23, 11/14/2023; Ord. 11-25, 6/24/2025)

§ 17.04.039 "T" Definitions.

"Temporary structure"
means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"Temporary use"
means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
"Terracing"
means an erosion control method that uses small hills and contours on the land surface to control flooding and runoff.
"Topography"
means the configuration of a surface area showing relative elevations.
"Tot lot"
means an improved and equipped play area for small children.
"Townhouse"
means a dwelling unit with one or two common walls, and which has direct exterior access, private yards and no common floors or ceilings with other units.
"Toxic"
means capable of producing injury, illness, or damage to humans, domestic livestock or wildlife through ingestion, inhalation or absorption through any body surface.
"Tract"
means an area, parcel, site, piece of land, or property which is the subject of a development application.
"Trailer"
means a structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupation, carrying materials, goods or objects, or as a temporary office.
"Trailer, construction"
means a trailer, the use of which is incidental to new construction on a site, including but not limited to temporary office space for the direction of onsite construction activities.
"Trailer, house"
means a vehicle designed for or used for living or sleeping purposes and which is equipped with wheels or other similar devices used for the purpose of transporting such vehicle from place to place, whether by motive or by other means.
"Transfer of development rights" (TDR)
means the removal of the right to develop or build, expressed in dwelling units per acre, from land in one zoning district, to land in another district where such transfer is permitted.
"Transitional area"
means an area which acts as a buffer between two land uses of different intensity.
"Transitional housing"
means buildings configured as rental housing developments occupied by the "target population," but operated under program requirements that call for 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. (Ref: Health and Safety Code Section 50675.2(h)) Transitional housing programs typically have specific criteria/thresholds for participation, include onsite staff and supportive services, and facilitate movement of tenants to permanent housing within two years. "Target population" as used above means persons or families who are "homeless" (as that term is defined by 42 USC 11302), or who are "homeless youth" (as that term is defined by Government Code Section 11139.3(e)(2)), or persons who are homeless with a disability as that term is defined in state and federal law. (Ref: Health and Safety Code Section 50675.14(b)(3)(A))
"Triplex"
means a building containing three dwelling units.
"Truck stop"
means a facility intended to provide services to the trucking industry, and includes, but is not limited to the following activities: the dispensing of fuel, repair shops, automated washes, restaurants, and motels all as part of the facility.
"Truck terminal"
means a lot, lot area or parcel of land used, designed or maintained for the purpose of storing, parking, refueling, repairing, dispatching, servicing or keeping motor trucks and associated equipment together with those facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargoes and crews.
(Ord. 12-95; Ord. 06-13, 2013)

§ 17.04.040 "U" Definitions.

"Ultimate right-of-way"
means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in the above case shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the master plan of highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a public street.
"Undeveloped land"
means land in its natural state before development.
"Unique natural feature"
means that part of the natural environment which is rare or not duplicated in the community or region.
"Use"
means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is, or may be, occupied or maintained.
"Use, permitted"
means a use listed by the regulation of any particular district as a permitted use within that district and permitted therein as a matter of right when conducted in accord with the regulations established by ordinance.
"Use, principal"
means a use which fulfills a primary function of a household, establishment, institution, or other entity.
"Utility, private or public"
means:
1. 
Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service.
2. 
A closely regulated private enterprise with an exclusive franchise for providing a public service.
"Utility services"
means establishments engaged in the generation, transmission and/or distribution of electricity, gas or steam, including water and irrigation systems and sanitary systems used for the collection and disposal of garbage, sewage and other wastes by means of destroying or processing materials.
(Ord. 20-82; Ord. 12-95)

§ 17.04.041 "V" Definitions.

"Variance"
means permission to depart from development standards required in the zoning ordinance when, because of special circumstances applicable to the property, strict application of the ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. Any variance granted will assure that the adjustment granted will not constitute a special privilege.
"Vehicle, disassembled"
means a vehicle without hoods, doors, fenders, body panels, headlights, trunk lids, tires, wheels, windows, or windshields.
"Vehicle, wrecked"
means a vehicle with dented areas in excess of one square foot, rusted exterior body parts or broken glass parts.
"Vehicular accessway"
means a private, non-exclusive vehicular easement affording access to abutting properties.
"Vending cart"
means a movable, nonmotorized, cart-type stand including related accessory appurtenances (e.g., awning, canopy) used for the retail sale of goods (e.g., beverages, food, flowers, and similar items) and located on private property. Does not include indoor or outdoor stationary kiosk-type stands when located on the same property as other indoor retail uses, such as when located in a shopping center or shopping mall. A kiosk shall be treated as a building for the purpose of this Zoning Code.
"Vested right"
means a right which has been legally established and cannot be revoked by subsequent conditions or changes in law without due process of law.
(Prior code 17.86.020; Ord. 36-70; Ord. 12-95; Ord. 08-11, 2011)

§ 17.04.042 "W" Definitions.

"Wall"
means a substantial solid barrier intended to enclose, separate or surround. Landscaping that forms a substantial solid barrier within a front yard setback will be considered a wall.
"Wall, sound"
means a substantial solid barrier intended to separate land uses and designed with sound-dampening material to absorb sound waves.
"Window"
means an opening in a wall of a building designed to allow light and/or ventilation into a room of a building, and enclosed by casement or sash containing glass or other similar transparent or semitransparent material.
"Wing wall"
means an extension of a wall of a building beyond that enclosing the space within the building.
"Wireless communication facility"
means any roof-mounted, building-mounted, or ground-mounted facility and/or other related equipment, including wireless communication facility support structure(s) as defined by this code, necessary to provide commercial cellular service, or other personal communication service including, but not limited to, voice and/or data communications.
"Wireless communication facility support structure(s)"
means a structure primarily designed to support wireless communication facilities including, but not limited to, monopoles, towers, artificial landscape features (e.g., trees and rocks), building ornamentation, and other freestanding self-supporting structures.
"Wireless communications"
means a broad range of telecommunications services that enable people and devices to communicate independent of location, via radio frequency signals. Current wireless communication technologies include cellular communications, personal communication services (PCS) and enhanced specialized mobile radio (ESMR). These technologies all utilize a system of interconnecting geographic areas (cells), each of which contains antennas. As used in this title, the term does not include radio and television signals, noncommercial antennas (such as amateur radio antennas), and non-commercial satellite dishes.
(Ord. 12-95; Ord. 24-96; Ord. 4-05; Ord. 6-08; Ord. 19-21, 2022)

§ 17.04.043 "X" Definitions.

"Xeriscape"
means landscaping characterized by the use of vegetation which is drought resistant or low water use in character.
(Ord. 12-95)

§ 17.04.044 "Y" Definitions.

"Yard"
means an open space on a built lot that, except as otherwise provided in this chapter, is unoccupied or unobstructed from the ground upwards, and when a yard dimension is given, it represents the minimum horizontal distance between the lot line from which the distance must be measured and a line parallel to the lot line.
"Yard, required front"
means the space extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot, excepting those projections of a main building permitted in a front yard by Section 17.14.090.
"Yard, required rear"
means the space extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.
"Yard, required side"
means the space extending across the full length of the lot, the depth of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot, excepting those projections as allowed elsewhere in this code.
(Prior code 17.04.510; Ord. 400; Ord. 20-082; Ord. 12-95)

§ 17.04.045 "Z" Definitions.

"Zero lot line"
means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
"Zoning district"
means a specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
"Zoning map"
means the map or maps, which are a part of the development code, and delineate the boundaries of zone districts.
(Ord. 12-95)