General Provisions
PMC Title 18 may be cited as the “zoning ordinance of the city of Pittsburg” or “zoning ordinance.” [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
The zoning ordinance includes the following components:
A. Provisions dealing with the administration, interpretation and enforcement of the zoning ordinance;
B. Regulations, known as the zoning regulations, establishing classes of zoning districts, governing the use of land and the placement of buildings and improvements within districts, and establishing performance standards;
C. A map or set of maps, known as the zoning map, delineating the boundaries of zoning districts within the city. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
The purpose of the zoning ordinance is to protect and promote the public health, safety, and general welfare, and to implement the policies of the city general plan. Specifically, the zoning ordinance is intended to:
A. Provide a precise guide for the physical development of the city in order to:
1. Preserve the character and quality of residential neighborhoods,
2. Foster convenient, harmonious and workable relationships among land uses, and
3. Achieve the arrangement of land uses described in the general plan;
B. Promote economic stability of existing land uses that are consistent with the general plan and protect them from intrusions by inharmonious or harmful land uses;
C. Prevent excessive population densities and overcrowding of land or buildings;
D. Ensure the provision of adequate open space for light, air and fire safety;
E. Permit the development of office, commercial, industrial, and related land uses that are consistent with the general plan, in order to strengthen the city’s economic base;
F. Conserve and enhance the city’s architectural and cultural resources;
G. Conserve and enhance key visual features of Pittsburg’s setting, including the riverfront and major ridgelines, consistent with the general plan;
H. Require adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system;
I. Ensure that service demands of new development will not exceed the capacities of streets, water and utilities, and other public services;
J. Encourage a built environment of the highest design and architectural quality. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Structure of Regulations. The zoning regulations consist of:
Division I | – | General Provisions |
Division II | – | Administration |
Division III | – | Base District Regulations |
Division IV | – | Overlay District Regulations |
Division V | – | General Land Use Regulations |
Division VI | – | Enforcement |
B. Types of Regulations. These types of zoning regulations control the use and development of property:
1. Administrative Provisions. Administrative provisions contain procedures for the administration of zoning regulations, including requirements for design review; public hearings on ordinance amendments, zoning approvals, use permits, and variances; development agreements; amendments to the ordinance; appeals of zoning decisions; and enforcement. These regulations appear in Division II.
2. Land Use Regulations. Land use regulations specify land uses permitted or conditionally permitted in each zoning district. These include special requirements applicable to specific uses. Land use regulations for base zoning districts appear in Division III; land use regulations for overlay districts appear in Division IV. Performance standards which govern special uses in the various land use districts appear in Division V.
3. Development Regulations and Standards. Development regulations and standards control the height, bulk, location, and appearance of structures on sites intended for development. Development regulations for base zoning districts appear in Division III; development regulations for overlay districts appear in Division IV. Development regulations and performance standards, applicable in more than one class of base or overlay district, appear in Division V. These include such matters as parking and loading regulations, mobile home park conversions, and site development regulations. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
For statutory provisions relating to local planning, see Government Code § 65100 et seq.; for the provisions pertaining to the adoption and administration of zoning laws and ordinances and their implementation, see Government Code § 65850 et seq.
The purpose of this chapter is to provide precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter apply throughout the zoning regulations, except where the context indicates a different meaning. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
The following rules of construction apply in addition to the general provisions of PMC Title 1.
A. The particular controls the general;
B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. “And” indicates that all connected words and provisions apply,
2. “Or” indicates that the connected words or provisions may apply singly or in any combination,
3. “Either...or” indicates that the connected words or provisions apply singly but not in combination;
C. In case of conflict between the text and a diagram, the text controls;
D. References to departments, commissions, boards and other offices or instrumentalities are to those of the city unless otherwise indicated;
E. A reference to a public official of the city is to that person who performs the function referred to and includes a designated deputy of the official;
F. A reference to days is to calendar days unless otherwise specified by state law. If a deadline falls on a weekend or holiday, the time for performing an act is extended to the next working day. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Applicability to Property. Zoning regulations apply to all land within the city including land owned by the city and other local, state and federal agencies to the extent provided by law. Application of regulations to specific lots is governed by the zoning map.
B. Applicability to Streets and Rights-of-Way. A public street, utility, and other right-of-way is considered to be in the same zoning district as the property to which it is contiguous. Nothing in this subsection is intended to make the zoning regulations applicable to a public utility easement or right-of-way under the control of the city; provided, however, that all wireless facilities in the public right-of-way shall be subject to Article XX (Wireless Telecommunications Facilities) of Chapter 18.84 PMC. Where contiguous property is classified in a different zoning district, the centerline of the street or right-of-way is the district boundary, unless otherwise depicted on the zoning map.
C. Compliance with Regulations. No land may be used, and no structure may be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with this title.
D. Public Nuisance. Neither this title nor the approval of a permit authorized by this title authorizes the maintenance of a public nuisance.
E. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title is sufficient notice to allow the city to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.
F. Requests for Notice. Where this title requires that notice be given by first class mail to “any person who has filed a written request for such notice,” that request must be filed with the city planner and is subject to the applicable fee.
G. Conflict with Other Regulations. Where a conflict occurs between this title and another city ordinance, resolution, guideline, or regulation, the more restrictive provision controls unless otherwise specified in this title.
H. Relation to Private Agreements. This title does not affect or annul an easement, covenant, or agreement. However, if this title imposes a greater restriction than imposed by an easement, covenant, or agreement, this title controls.
I. Relation to Prior Ordinance. This title supersedes prior zoning regulations of the city. However, this title does not validate or legalize a land use or structure established, constructed, or maintained in violation of prior zoning regulations.
J. Zoning of Annexed Land. The zoning administrator may conduct a study to determine the most appropriate general plan designation for land proposed for annexation to the city, and may recommend prezoning consistent with the general plan designation. If prezoning is approved by the planning commission and the city council, the zoning becomes effective upon annexation. Land annexed without prior prezoning shall be zoned S as prescribed by Chapter 18.64 PMC.
K. Application During Local Emergency. The city council may authorize a deviation from a provision of this title during a local emergency declared and ratified under Chapter 2.44 PMC. The city council may authorize a deviation by resolution without notice or public hearing.
L. Severability. If a section, subsection, sentence, or phrase of this title is for any reason held to be invalid, the remaining portions of this title are not affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that a portion of this title would be declared invalid. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Zoning Regulations. Where uncertainty exists regarding the interpretation of a provision of this title or its application to a specific site, the zoning administrator shall determine the intent of the provision.
B. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules apply:
1. A district boundary shown as approximately following the property line of a lot is construed to follow that property line.
2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary is determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.
3. A district boundary shown as approximately following the right-of-way line of a freeway, alley, railroad, or other identifiable boundary line is construed to follow the right-of-way or boundary line.
4. A district boundary shown as lying within, but not generally contiguous to, a right-of-way line of a freeway, street, alley, railroad, or other identifiable boundary line is construed to follow the centerline of the right-of-way or boundary line.
5. Where a conflict occurs between the zoning districts and district boundaries depicted on the zoning map and the land use designations and land use designation boundaries depicted on the land use diagram in the general plan, the general plan land use diagram governs.
6. If an uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the zoning administrator.
C. Appeal. An interpretation of the zoning regulations or zoning map by the zoning administrator may be appealed to the planning commission, as provided in PMC 18.18.050. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. A use permit, variance, design review approval, or tentative parcel or subdivision map, which is valid on the effective date of the ordinance codified in this title remains valid until its expiration date.
B. This title does not require a change in plans, construction or designated use of a structure for which a building permit was issued before June 20, 2007, or a later amendment to it.
C. A reapplication for an expired permit must meet the standards in effect at the time of reapplication.
D. A permit issued before June 20, 2007, that is proposed to be modified after June 20, 2007, may only be approved in accordance with this title. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
An applicant may request that two or more applications for separate discretionary permits requested or required in conjunction with a project be consolidated. The findings and decisions for each permit must be considered individually. However, for the purpose of discretionary action, these multiple permits constitute one project. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Zoning Designation System. Land use, development regulations and performance standards applicable to a specific site are shown on the zoning map by a zoning designation consisting of classes of letter designators:
1. A land use regulation designator indicates the principal land uses permitted or conditionally permitted in each district.
2. An overlay district designator is included in a zoning designation if the provisions of one or more overlay districts apply to a site.
3. An ordinance number is added to a specified zoning designation and overlay district to reference the enabling legislation and specific regulations.
B. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:
Base District Designator | Base District Name | Chapter |
|---|---|---|
RR | Rural residential district | 18.50 |
RS-40 | Single-family residential district, 40,000 square foot minimum lot size | 18.50 |
RS-10 | Single-family residential district, 10,000 square foot minimum lot size | 18.50 |
RS-6 | Single-family residential district, 6,000 square foot minimum lot size | 18.50 |
RS-5 | Single-family residential district, 5,000 square foot minimum lot size | 18.50 |
RS-4 | Single-family residential district, 4,000 square foot minimum lot size | 18.50 |
RM | Medium-density residential district | 18.50 |
RMD | Downtown medium-density residential district | 18.50 |
RH | High-density residential district | 18.50 |
RHD | Downtown high-density residential district | 18.50 |
CO | Commercial office district | 18.52 |
CN | Neighborhood commercial district | 18.52 |
CC | Community commercial district | 18.52 |
CS | Service commercial district | 18.52 |
CSD | Downtown service commercial district | 18.52 |
CW | Waterfront commercial district | 18.52 |
CP | Pedestrian commercial district | 18.52 |
M | Mixed use district | 18.53 |
IP | Industrial park district | 18.54 |
IL | Limited industrial district | 18.54 |
IG | General industrial district | 18.54 |
HPD | Hillside planned development district | 18.56 |
OS | Open space district | 18.58 |
GQ | Governmental and quasi-public district | 18.60 |
PD | Planned development district | 18.62 |
S | Unclassified | 18.64 |
C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:
Overlay District Designator | Overlay District Name | Chapter |
|---|---|---|
-S | Interim study overlay district | 18.70 |
-P | Master plan overlay district | 18.72 |
-O | Limited overlay district | 18.74 |
D. References to Classes of Base Districts. A reference to an R district refers to all residential districts; a reference to a C district refers to all commercial districts; and a reference to an I district refers to all industrial districts. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
The regulations applicable to each district apply to the area within that district. A use other than parking serving a principal use on the site may not be located in a district unless it is a permitted or conditionally permitted use. Pedestrian or vehicular access from a street to a use may not traverse a portion of the site in a district unless the use is a permitted or conditional use. [Ord. 23-1509 § 2, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
Article II. Definitions
The definitions in this article apply to this title unless the context otherwise requires. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Abutting” or “adjoining” means having district boundaries or lot lines in common. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Accessory living quarters” are living quarters within an accessory building, but without kitchen facilities, on the same site as a main building of residential use. Accessory living quarters are not rental units, but are instead used for the purpose of housing servants, employees or nonpaying transient visitors or guests of the occupants of the main building. This definition includes the term “guesthouse,” but does not include accessory dwelling units governed by PMC 18.50.300 through 18.50.315, or caretaker’s quarters. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
A. Gross. “Gross acre” is the area of a lot or site, including easements and right-of-way to be dedicated, but excluding existing public rights-of-way.
B. Net. “Net acre” is the area of a lot or site remaining after dedication of all required rights-of-way. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Affordable ownership price” means a sales price that results in a monthly housing payment consistent with California Health and Safety Code Section 50052.5(b), as amended from time to time.
A. For very low-income households, monthly housing payment during the first calendar year of a household’s occupancy, including mortgage interest and principal payments, property taxes, mortgage insurance, homeowner’s insurance, homeowners’ association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 30 percent of 50 percent of the area median income allowed for appropriately-sized very low-income households.
B. For lower-income households, monthly housing payment during the first calendar year of a household’s occupancy, including mortgage interest and principal payments, property taxes, mortgage insurance, homeowner’s insurance, homeowners’ association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 30 percent of 70 percent of the area median income allowed for appropriately-sized lower-income households.
C. For moderate-income households, average monthly housing payment during the first calendar year of a household’s occupancy, including mortgage interest and principal payments, property taxes, homeowner’s insurance, homeowners’ association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 35 percent of 110 percent of the area median income allowed for appropriately-sized moderate-income households. [Ord. 07-1284 § 3 (Exh. B), 2007.]
The definition of “affordable rent” shall be consistent with California Health and Safety Code Section 50053, as amended from time to time.
A. For extremely low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 30 percent of the area median income allowed for appropriately-sized extremely low-income households.
B. For very low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 50 percent of the area median income allowed for appropriately-sized lower-income households.
C. For low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 60 percent of the area median income allowed for appropriately-sized lower-income households. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Affordable unit” shall mean a dwelling unit that is required to be rented at an affordable rent or available at an affordable ownership price to specified households, and occupied by specified households, pursuant to an affordable housing agreement or the inclusionary housing or density bonus provisions of this title. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Appropriately sized” shall be consistent with California Health and Safety Code Section 50052.5(h), as amended from time to time, and shall be based on presumed maximum occupancy levels of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Area median income” shall mean the median income level as published pursuant to California Code of Regulations, Title 25, Section 6932 (or its successor provision). [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Aisle” is a paved area on a lot between a driveway and a parking space necessary to provide access for vehicles. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Alley” is a public way permanently reserved for secondary access to the rear or side of properties otherwise abutting on a street. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Alter” means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Domestic. “Domestic animal” is a small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, duck, goose, pea fowl, goat, sheep, hog, or the like.
B. Exotic. “Exotic animal” is a wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.
C. Large. “Large animal” is an adult animal larger than three and one-half feet in height or 250 pounds. This term includes horse, cow, and any other mammal customarily kept in a pen, corral or stable.
D. Small. “Small animal” is an animal no larger than three and one-half feet in height or 250 pounds. This term includes fish, bird, and any mammal customarily kept as a domestic pet within a dwelling unit. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Antenna” means the arrangement of wires, poles, rods or other devices used for the transmission or reception of electromagnetic waves.
A. Height. “Antenna height” is the overall vertical length of the antenna system above grade. If the antenna system is located on a building, the overall vertical length also includes the height of the building above grade level at the point upon which the antenna system is mounted. If the antenna system includes a collapsible support structure, the overall vertical length is measured with the antenna support structure fully extended.
B. Microwave Receiving. “Microwave receiving antenna” is a dish-shaped device designed to receive signals transmitted from ground-mounted transmitters.
C. Satellite. “Satellite antenna” is a dish-shaped device designed to receive television signals transmitted from orbiting satellites.
D. Support Structure. “Antenna support structure” is a structure, mast, pole, tripod, or tower, together with any stabilizing guy wires or tensioned cables, that is used for the purpose of supporting an antenna.
E. System. “Antenna system” is the combination of the antenna and any antenna support structure. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Apartment” is a multifamily dwelling under single ownership. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Automobile” means a self-propelled, motorized vehicle used, or intended to be used, for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks. This definition includes a motorcycle, light truck or van with a gross vehicle weight of 15,000 or fewer pounds. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Balcony” is a platform that projects from a wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Blockface” means the property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse or city boundary. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Boardinghouse” is a building and use with the following characteristics:
A. The building, or rooms in the building, are rented to three or more individuals who are not in exclusive possession of the building;
B. The building has only one kitchen; and
C. A meal is regularly provided or available to the renters for a fee, whether that fee is included in or separate from the rental payment, and whether the fee is paid individually or collectively by all renters.
Boardinghouse includes the term “rooming-house.” A roominghouse has the same characteristics, except that no meals are provided or available. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Building” means a structure having a roof supported by columns or walls for the housing or enclosure of a person, animal, chattel, or property of any kind. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Caretaker’s quarters” means a dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Carport” means a permanently roofed structure with one or more open sides for the parking or temporary storage of automobiles. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Collection facility” is a building, structure or facility used for the acceptance by donation, redemption or purchase of recyclable material from the public and which, except for a reverse vending machine and as may be allowed for a large recycling facility, does not use power-driven processing equipment. Collection facility includes, but is not limited to, a mobile recycling unit, a kiosk type unit which may include a permanent structure, unattended containers placed for the donation of recyclable material, and bulk reverse vending machine. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 1060 § 3, 1993; Ord. 979 § 2 (Exh. A), 1990.]
“Community noise equivalent level (CNEL)” means the average noise level during a 24-hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours. This definition includes the term “Ldn” (average day-night noise level). [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Conditionally permitted” means a use permitted subject to approval with conditions. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Condominium” is a dwelling unit within a multifamily dwelling or duplex or an individual unit or space within a commercial or industrial building or complex, and that is under single ownership. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Courtyard” is an open, unoccupied area, other than a yard, on the same site as a structure and bounded on two or more sides by a structure. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“dBA” is a number in decibels read from a sound level meter with the meter switched to the weighted scale “A.” The number is an approximate measurement of the relative noisiness or annoyance level of common sounds. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Deck” is a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also PMC 18.06.180, Balcony). [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Density bonus” means a density increase of at least 10 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer, pursuant to Government Code Section 65915(g). [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Distribution line” is an electric power line bringing power from a distribution substation to a consumer. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“District” means a portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this title. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Driveway” means the way or means of vehicular access from that portion of a street used for vehicular travel to the parking, loading, or other vehicular activity on the adjacent property, including the portion of the sidewalk lying within said way or means of access. [Ord. 23-1509 § 3, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Duplex” is a building on a single lot designed exclusively for occupancy by two families living independently of each other. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Dwelling” is a building designed exclusively for residential occupancy, including single-family, duplex, and multifamily, but not including a hotel, motel, or boardinghouse.
A. Attached Single-Family. “Attached single-family dwelling” is a dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots.
B. Detached Single-Family. “Detached single-family dwelling” is a dwelling unit on an individual lot that does not share any common wall with another dwelling unit on a separate lot.
C. Multifamily. “Multifamily dwelling” is a building used and designed as a residence for three or more families living independently of each other with an individual kitchen for each.
D. Single-Family. “Single-family dwelling” is a building designed exclusively for occupancy by one family.
E. Unit. “Dwelling unit” is one or more habitable rooms designed for occupancy by only one family for living, sleeping and sanitary purposes, and having a kitchen. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Eligible household” means a household whose household income does not exceed the maximum specified in this title for a given affordable unit. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Live entertainment” means any of the following activities on the site of a use other than a public or semipublic use:
A. A comedy act, dramatic play, poetry reading, theatrical or dance recital or similar entertainment performed by one or more persons, regardless of whether performers are compensated;
B. A vocal, choral, instrumental, orchestral or similar musical concert performed by a person, symphony or band, including a set of recorded music played by a disc jockey;
C. Any form of dancing by patrons or guests at a business establishment;
D. A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Extremely low-income household” means a person or family whose income does not exceed 30 percent of area median income, adjusted for household size, as established by California Health and Safety Code Section 50106, as amended from time to time. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Extremely low-income renter unit” means a dwelling unit that is reserved at an affordable rent for extremely low-income households. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Family” means one or more persons, including any resident servant, who occupy a dwelling unit and live as a single housekeeping unit, as distinguished from a group occupying a hotel, club, shelter, fraternity or sorority house. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Fence” is a barrier made of wire, wood, metal, masonry, plants or other material used as a screen or enclosure for a yard or open space. It includes a wall, gate, dense hedge or structure used as a fence. A retaining wall, freestanding sign, or landscape structure is not considered a fence except for that portion which is used as a fence. [Ord. 23-1509 § 4, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Gross. “Gross floor area” means the total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space less than six feet in height, area used exclusively for vehicle parking or loading, breezeway, vaulted attic without floor, and a porch, deck, balcony or terrace that is not enclosed more than 75 percent by walls.
B. Rentable. “Rentable floor area” means the total area on all floors as measured to the inside surface of interior wall, excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and open porch, deck, balcony, or terrace. It also excludes any corridor, hallway or stairs used to provide access to different offices, businesses or apartments and excludes any elevator shaft, lavatory, flue, janitor’s storage closet, heating and air conditioning equipment room, and other similar space generally used by all occupants of a building rather than by an individual occupant. [Ord. 23-1509 § 5, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Floor area ratio (FAR)” is the gross floor area of a building on a lot divided by the net lot area. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Food pantry” means a use where free food and beverage items, excluding alcohol, are distributed to the public at any frequency more than three times per year, with no on-site consumption. [Ord. 21-1498 § 2, 2021.]
“Private garage” is a detached accessory building or portion of a main building on the same lot as the dwelling for the parking or temporary storage of an automobile belonging to the occupant of the dwelling. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“General plan” is the city general plan with amendments. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Existing. “Existing grade” is the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this title.
B. Finished. “Finished grade” means:
1. Natural grade exterior to all buildings or structures created by any proposed development for all other circumstances not set forth in subsection (B)(2) of this section;
2. A revised grade exterior to all buildings or structures created by any proposed development where the revised grade is achieved under a city grading permit, subdivision approval, or conditional use permit or other special zoning approval, or through officially approved work in a public right-of-way.
C. Street. “Street grade” is the top of the curb or the top of the edge of the pavement or traveled way where no curb exists. [Ord. 23-1509 § 6, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Hedge” is a barrier formed by bushes, shrubs, or trees growing close together in a line so as to be used as a screen or enclosure for a yard or open space. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Height” means the vertical distance of any structure, building, fence, sign, retaining wall, or other facility measured from any point on top of the facility to a line directly below which meets finished grade on the outside perimeter of the facility, or intersects with a perpendicular plane connecting opposite points of finished grade at the outside perimeter of the facility.
1. The height of any portion of a facility within six feet of a retaining wall shall be measured from finished grade at the perimeter of the facility or at the base of the retaining wall, whichever is lower, subject to the following exceptions:
a. The height of any fence separated by a distance of at least 18 inches from the inside face of a retaining wall shall be measured from finished grade at the base of the fence.
b. The height of any facility abutting a light well, depressed landing, or similar facility that extends entirely below surrounding finished grade and no more than five feet from the perimeter of the abutting facility shall be measured from the surrounding finished grade at the outside perimeter of the facility, not including the light well, depressed landing, or similar facility. [Ord. 23-1509 § 7, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Home occupation” is a commercial enterprise conducted in a dwelling unit, garage, accessory building, or on a parcel in a residential district that is incidental to the principal residential use. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Household income” shall mean the combined adjusted gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor. [Ord. 07-1284 § 3 (Exh. B), 2007.]
A. Direct. “Direct illumination” is illumination by means of light that travels directly from its source to the viewer’s eye.
B. Indirect. “Indirect illumination” is illumination by means of light cast upon an opaque surface from a concealed source. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Kitchen” is an area in a structure with cooking facilities, that typically includes a sink, refrigerator, and cooktop, oven or range, and that may include other appliances such as a microwave oven or dishwasher. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Landscape” means to plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, artwork, screens, walls, fences or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lot” is a site or parcel of land under single ownership that has been legally subdivided, resubdivided, or combined. Lot for the purpose of application of this title also includes parcel and site.
A. Corner. “Corner lot” is a site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees.
B. Double-Frontage. “Double-frontage lot” is an interior lot fronting on more than one street. Each frontage from which access is permitted is considered a front lot line.
C. Flag. “Flag lot” is a lot so shaped and designed that the main building-site area does not have street frontage, but is connected to the street by a strip of land that is used for access purposes.
D. Interior. “Interior lot” is a lot other than a corner lot.
E. Key. “Key lot” is the first interior lot to the rear of a reversed corner lot.
F. Reversed Corner. “Reversed corner lot” is a corner lot, the corner side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lot area” means the horizontal area within the property lines excluding access corridors, alleys, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.06.395.]
“Lot coverage” means the percentage of a lot or site that is covered by a roof, soffit, trellis, eave or overhang extending more than two and one-half feet from a wall and by a deck more than 30 inches in height. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.06.240.]
“Lot depth” is the horizontal distance between the midpoints of the front and rear lot lines, measured in the mean direction, and equidistant from opposite segments of the side lot lines so that perpendicular lines drawn at any section of the lot depth line intersects opposite sides of the side lot lines at the same angle. [Ord. 23-1509 § 8, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.06.405.]
“Lot line” is the line bounding a lot as defined in this title.
A. Corner Side. “Corner side lot line” is a street line that adjoins the corner side yard of a lot.
B. Front. “Front lot line” is a street line that adjoins the front yard of a lot. The front lot line of a corner lot is the shortest street line. If the street lines are the same length, any one may be considered the front lot line.
C. Interior. “Interior lot line” is a lot line not abutting a street.
D. Rear. “Rear lot line” is a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. For the purpose of measuring lot depth, where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, is considered the rear lot line.
E. Side. “Side lot line” is any lot line that is not a front lot line or a rear lot line. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lot width” is the horizontal distance between the lot lines of a site, measured at right angles to the lot depth at the rear of a required front yard. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.06.465.]
“Low-density owner project” means a residential project, or portion thereof, intended to be sold to owner-occupants upon completion, and constructed in a low-density residential or hillside low-density residential land use area as designated in the city of Pittsburg general plan. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Lower-income household” means a person or family whose income does not exceed 80 percent of area median income, adjusted for household size, pursuant to California Health and Safety Code Section 50079.5, as amended from time to time. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lower-income owner unit” means a dwelling unit in a residential project that is reserved for purchase at construction completion at an affordable ownership price for a lower-income household. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lower-income renter unit” means a dwelling unit in a residential project that is reserved at an affordable rent for a lower-income household. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Manufactured home” is a prefabricated or factory-built structure certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 that is attached to a permanent foundation and is used as a dwelling unit. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Market rate unit” means a dwelling unit in a residential project that is not an affordable unit. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Mobile home” is a trailer or prefabricated structure that is used as a permanent dwelling unit, is connected to utilities and is designed without a permanent foundation. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Mobile home park” is a site or subdivision used for the accommodation of mobile homes where mobile home lots or spaces are rented or held out for rent. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Moderate-income household” means a person or family whose income does not exceed 120 percent of area median income, adjusted for household size, as established pursuant to California Health and Safety Code Section 50093, as amended from time to time. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Moderate-income owner unit” means a dwelling unit in a residential project that is reserved for purchase at construction completion at an affordable ownership price for a moderate-income household. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Municipal code” is the municipal code of the city. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Lot. “Nonconforming lot” is a lot that was lawfully subdivided or established, but that does not conform to the minimum site area or site width prescribed in the regulations for the district in which the lot is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.
B. Structure or Building. “Nonconforming structure or building” is a structure or building or portion of that was lawfully constructed, but that does not conform to the maximum height, lot coverage, FAR, or minimum yard requirements, by reason of adoption or amendment of this title or by reason of annexation of territory to the city.
C. Use. “Nonconforming use” is a use of a structure or land that was lawfully established and maintained, but that does not conform to the use regulations or required conditions for the district in which it is located including density and parking regulations, by reason of adoption or amendment of this title or by reason of annexation of territory to the city. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Off-street loading facility” means that portion of a site devoted to the loading or unloading of a motor vehicle or trailer, including a loading berth, aisle, access drive, and landscaped area. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Off-street parking facility” means that portion of a site devoted to the off-street parking of a motor vehicle, including a parking space, aisle, driveway ramp, and landscaped area. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Private open space” is an open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of the resident of the dwelling unit and guest. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Common open space” is an open area within a residential development reserved for the exclusive use of the residents of the development and guests. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Owner project” means a residential project, or portion thereof, which is intended to be sold to owner-occupants upon completion and is not a low-density owner project. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Parcel” is a recorded property under single ownership. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
See PMC 18.06.520, Off-street parking facility. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Automobile parking space” is a paved, accessible and usable space within a building or open off-street parking facility for the parking of an automobile, exclusive of driveway, aisle, ramp, columns or office and work area. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Covered parking space” is a carport or garage. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Paved” shall mean contiguously covered with asphaltic concrete, portland cement concrete (PCC), interlocking pavers installed atop an aggregate base and in accordance with manufacturer’s recommendations, or other similar surface material. Areas of compacted earth, reinforced with a soil reinforcing fabric, a weed preventing fabric, and covered with decorative rock will also be defined as paved. [Ord. 07-1294 § 3, 2007.]
“Permitted” means allowed without a requirement for approval of a use permit, design review, variance, or other discretionary application. [Ord. 23-1509 § 9, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Porch” is a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Preexisting” means existing before April 19, 1990. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Prezoning” means the zoning district classification as prescribed by this title that has been designated for a site before annexation to the city. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Project” means any proposal for new or changed use, or for new construction, alteration, or enlargement of a structure that is regulated by this title. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
See PMC 18.06.430, Lot line. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Property owner” is a person holding ownership of a lot, parcel, or site regulated by this title. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Planned unit development (PUD)” means residential buildings where the entire site is planned in such a manner that the various dwelling units, either attached or detached, are arranged in groups or clusters on those portions of the site most conducive to development, designed in such a manner that each dwelling unit may be sold separately from all other dwelling units, and where each owner of a dwelling unit also owns an interest in any recreation facility, parking facility, landscaped or natural open space, along with any other appurtenant facility. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Recyclable material” means reusable material, including, but not limited to, metal, glass, plastic and paper, which is intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. The city may expand the list of recyclable material by city council resolution. Recyclable material does not include refuse or hazardous material. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 1060 § 4, 1993.]
“Rental project” means a residential project, or portion thereof, which is intended to be rented to tenants upon completion. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Resident” is a person who occupies a dwelling as a home on a permanent basis, and has no other permanent place of residence. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Senior citizen” is a person 55 years of age or older. This definition includes the term “qualifying resident” described in California Civil Code Section 51.3. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Single ownership” means holding record title, possession under a contract to purchase, or possession under a lease, by a person individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Site” is a lot, or group of contiguous lots or parcels, not divided by an alley, street, other right-of-way or city limit, that is proposed for development under this title, and is in a single ownership. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Shopping center” is a complex consisting of primarily a one-story or two-story building containing not less than four independently operated stores or shops developed under one comprehensive plan where the ground floor stores have access directly to a sidewalk or parking lot, and where all stores are served by a common parking lot. The recording of a condominium subdivision map does not affect the status of a shopping center. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Smoke” means the gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts. The term “smoke” includes but is not limited to tobacco smoke and electronic cigarette vapors. The term “smoke” does not include the product of combustion of incense or similar products which do not contain tobacco or nicotine, when used solely for olfactory purposes. [Ord. 16-1419 § 4, 2016.]
“Specific plan” is a plan for a defined area authorized by law that is consistent with the general plan. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Specified anatomical areas” means human genitals (pubic region), buttocks, or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernible turgid state, even if completely and opaquely covered. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Specified sexual activities” means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Story” means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above it or, if no floor above it, the space between a floor and the ceiling next above it. A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is no ceiling, to the top of the roof rafters.
A story containing one or more mezzanines has more than one floor level. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, the basement or unused under-floor space shall be considered as a story; provided, that the following shall not be deemed a story:
A. A basement or cellar if the height from finished grade at the exterior perimeter of the building to the finish floor elevation above is six feet or less for at least 50 percent of the perimeter and does not exceed 12 feet above grade at any point;
B. An attic or similar space under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such space. [Ord. 23-1509 § 10, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Street” is a public or private place of passage including a right-of-way easement which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, other thoroughfare, and court, but excluding an alley. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Street line” is the boundary between a street and property. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Future street line” is an established line from which the minimum front or street side yard is measured. If no specific future street is established, the future street line is the adjacent existing right-of-way of an abutting public or private street, roadway, or easement. A future street line is established to provide for future street widening or construction, delineating the area open, or to be open, to public use. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Structure” is anything constructed or erected that requires a location on the ground, including a building or a swimming pool but not including:
A. A fence or a wall used as a fence if the height does not exceed six feet;
B. Access drive or walk;
C. Deck under 30 inches from finished grade; or
D. Retaining wall under three feet in height, unless supporting a surcharge or impounding Class I, II or III-A liquids. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Structural alteration” is any change in the supporting members of a structure or building, such as bearing wall, column, beam or girder. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Accessory. “Accessory structure or building” is a detached subordinate structure located on the same site as the main building. Where a substantial part of the wall of a subordinate structure is a part of the main building, or where a subordinate structure is attached to the main building in a substantial manner by a roof, the subordinate structure is considered a part of the main building and is not an accessory structure or building.
B. Main. “Main building or structure” is a structure housing the principal use of a site or functioning as the principal use. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Subdivision” is a site divided and recorded for the purpose of sale, lease or financing of individual lots or parcels. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Substation” is a subsidiary electrical transmitting facility in which electric current is transferred from power lines and distributed to local consumers. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Swimming pool, spa and hot tub” is a water-filled enclosure having a depth of 18 inches or more used for swimming or recreation. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Transmission line” is an electric power line bringing power to a receiving or distribution substation. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Mature tree” is a tree with a diameter of at least four inches, measured four feet above existing grade. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Unsightly object” includes an appliance, discarded material, part or all of a disabled vehicle, machinery or mechanical apparatus, metal, material or merchandise. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Use” means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or a structure is or may be occupied or maintained. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Accessory use” is a use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Used” includes arranged, designed, constructed, altered, rented, leased, sold, occupied, or intended to be occupied. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Very low-income household” is a person or family whose income does not exceed 50 percent of area median income, adjusted for household size, as established by California Health and Safety Code Section 50105, as amended from time to time. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Very low-income owner unit” is a dwelling unit that is reserved for purchase at construction completion at an affordable ownership price for a very low-income household. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Very low-income renter unit” is a dwelling unit that is offered at an affordable rent for a very low-income household. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Visible” means noticeable by a person six feet in height walking on a street or sidewalk two years after installation of any planting intended to screen a view. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Yard” is an open area, other than a court, on the same site as a structure, unoccupied and unobstructed by a structure from the ground upward except for landscaping. In measuring a yard, the “line of a building” means a line parallel to the nearest lot line drawn through the point of a building or the point of a dwelling group nearest such lot line.
A. Corner Side. “Corner side yard” is a yard between the corner side lot line and the nearest line of the building and extending from the front yard to the rear lot line.
B. Front. “Front yard” is a yard extending across the full width of the lot between the front lot line and the nearest line of the building. If a future street line is established for the street upon which the lot abuts, the measurement is taken from the future street line to the nearest line of the building.
C. Rear. “Rear yard” is a yard extending across the full width of the lot (except on a corner lot) between the most rear main building wall and the rear lot line. The depth of a required rear yard is measured perpendicular to the rear lot line toward the nearest part of a main building.
D. Side. “Side yard” is a yard between the side lot line and the nearest line of the building and extending from the front yard to the rear yard. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A use classification describes a use but does not list every activity that may appropriately be included within that use classification. The zoning administrator may determine that a specific use is not within a use classification, whether or not it is named, if its characteristics are substantially incompatible with those uses named within the classification. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. The zoning administrator may determine whether a specific use is within a use classification or not within a use classification.
B. An activity carried out as a part of a specific use which is incidental to that use but not identified in the use classification may be conducted only as otherwise allowed within the zoning district in which the use is located.
C. A new use, or a use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a zoning ordinance text amendment, as provided in Chapter 18.48 PMC. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
Article II. Residential Uses
A. Congregate Care Residential. A building on a site designed and typically devoted to housing persons of impaired physical or mental capacities such as the frail elderly or the handicapped, and offering limited 24-hour nonmedical care. The facility contains small individual dwelling units of usually only one or two rooms with a small kitchen allowing for independent living but also provides common dining, recreational and social facilities, and minimal convenience services such as housekeeping and transportation.
B. Day Care Home. A residence within which an occupant of the residence provides care for adults or children on a less than 24-hour basis. This classification includes only those facilities that are licensed by the state of California.
1. Small. “Small day care home” is a residence used for the temporary care of six or fewer adults, or a residence used for the temporary care of eight or fewer children that is a small family day care home pursuant to Chapter 3.4 of Division 2 of the California Health and Safety Code, as amended from time to time.
2. Large. “Large day care home” is a residence used for the temporary care of seven to 14 adults, or a residence used for the temporary care of 14 or fewer children that is a large family day care home pursuant to Chapter 3.4 of Division 2 of the California Health and Safety Code, as amended from time to time.
C. Duplex Residential. A building containing two dwelling units on a single lot. This classification includes mobile home and manufactured housing, but excludes a single-family residence with an accessory dwelling unit as defined by PMC 18.08.140.
D. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouse, dormitory, fraternity, sorority, convent, and private residential club.
E. Multifamily Residential. Two or more dwelling units on a site. This classification includes mobile homes, manufactured housing, planned unit development, apartments under single ownership, and condominiums wherein the airspace of each dwelling unit on the site is individually owned.
F. Residential Care, Limited. Twenty-four-hour nonmedical care for six or fewer persons in need of personal services, counseling, supervision, protection, or assistance essential for sustaining the activities of daily living. Facilities typically include foster homes, group homes and assisted living services with shared kitchen and dining facilities. This classification includes only those services and facilities licensed by the state of California.
G. Single-Family Residential. A building containing one dwelling unit located on a single lot regardless of lot size. This classification includes mobile home, manufactured housing, and a single-family residence with an accessory dwelling unit (ADU).
1. Attached. Single-family residential type or single-family with an accessory dwelling unit (ADU) wherein the primary residential structure and/or ADU is separated from the adjacent primary residential structure located on an adjacent lot by a party wall built on a shared property line and has no primary residential units constructed above or below it.
2. Detached. Single-family residential type or single-family with an accessory dwelling unit (ADU) wherein each primary residence and/or ADU is a stand-alone structure that does not share any common walls with another primary residential unit or ADU.
H. Supportive Housing. Multifamily residential facility in which there is no limit on length of stay; that is occupied by a target population; and, that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving the resident’s health status, and maximizing the resident’s ability to live and, when possible, work in the community.1
I. Transitional Housing. Multifamily residential facility that is designed to assist persons in obtaining skills necessary for independent living in permanent housing, and that has all of the following components:
1. Support services programs that include regular individualized case management services and may include alcohol and drug abuse counseling, self-improvement education, employment and training assistance services and independent living skills development.
2. Use of a dwelling unit by a resident in a structured living environment, which use is conditioned upon compliance with the transitional housing program rules and regulations.
3. A rule or regulation which specifies an occupancy period of no fewer than 30 days and no more than 24 consecutive months. [Ord. 23-1509 § 11, 2023; Ord. 09-1322 § 3, 2009; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
Article III. Governmental and Quasipublic Uses
A. Cemetery. Burial grounds for the interment of the dead. This classification includes columbarium and mausoleum but does not include crematory or mortuary.
B. Club and Lodge. Meeting, recreational, or social facility of a private or nonprofit organization primarily for use by members or guests. This classification includes union hall, social club, youth center, and bingo hall as governed by Chapter 5.22 PMC.
C. College, Public or Private. Institution of higher education providing curriculum of a general, religious, or professional nature and that typically grants recognized degrees.
D. Convalescent Facility. An establishment providing care on a 24-hour basis for seven or more persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.
E. Cultural Institution. Nonprofit institution displaying or preserving objects of interest in the arts or sciences. This classification includes library, museum, and art gallery.
F. Day Care, General. Nonresidential facility providing nonmedical care and protection for individuals on a less than 24-hour basis. This classification includes nursery school, preschool, and day care center for children or adults, but does not include large or small day care home.
G. Detention Facility. Publicly owned and operated facility providing housing, care, and supervision for persons confined by law.
H. Disposal Facility. A facility that involves any placement of waste (including without limitation hazardous waste as defined in PMC 18.84.455) in or on the land. A sanitary landfill is a disposal facility.
I. Emergency Shelter. Pursuant to Health and Safety Code Section 50801(e), “emergency shelter” shall be defined as housing with minimal supportive services for homeless persons that is limited to occupancy of six or fewer months by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
J. Government Office. Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.
K. Hazardous Waste Facility. All contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, and includes an expansion of a hazardous waste facility.
1. Land Disposal Facility. Facility that involves any placement of hazardous waste in or on the land. (Health and Safety Code Section 25179.2(c).)
2. On-Site Facility. Facility at which a hazardous waste is produced and which is owned by, leased to, or under the control of the producer of the waste. (Health and Safety Code Section 25117.12.)
3. Residual Repository. Disposal facility that accepts only the solid residues resulting from the treatment of hazardous wastes in accordance with standards established pursuant to Health and Safety Code Section 25179.6, or that accepts hazardous organic waste that is stabilized, solidified or encapsulated.
4. Single-User Off-Site Facility. Off-site facility (see Health and Safety Code Section 25117.11) that serves only one producer. A single-user off-site facility may accept waste from more than one location, provided each location is owned by, leased to or under the control of the same producer.
5. Specified Hazardous Waste Facility. Off-site facility (see Health and Safety Code Section 25117.11) that serves more than one producer of hazardous waste. (Health and Safety Code Section 25199.1(m).)
6. Transfer Facility. Off-site facility that is related to the transportation of hazardous waste, including, but not limited to, loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation. (Health and Safety Code Section 25123.3(a)(3).)
L. Heliport. Pad and related facilities for takeoffs and landings by helicopter.
M. Hospital. Facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees.
N. Maintenance and Service Facility. Facility providing maintenance and repair services for public and utility vehicles and equipment, and materials storage areas. This classification includes corporation yard, equipment service center, and similar facility.
O. Military Installation. Facility for housing and maintaining federal or state military operations.
P. Park and Recreation Facility. Playground, tot lot, linear park, bicycle or pedestrian path or trail, sports field, athletic court, public garden and similar areas available for use for recreational purposes, excluding a facility used for commercial recreation and entertainment.
Q. Public Parking Facility. Off-street parking facility, including surface parking or parking structure, for the temporary parking of automobiles by the general public.
R. Public Safety Facility. Facility for public safety and emergency services, including police and fire protection and emergency ambulance service.
S. Public Transit Terminal. Public or publicly regulated facility for passenger transit service and operations. This includes rapid transit station, passenger train depot, bus or ferry terminal, and park-and-ride lot.
T. Religious Assembly. Facility for religious worship and incidental religious education, but not including private school.
U. Residential Care, Protective. Twenty-four-hour nonmedical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the state.
V. School, Public or Private. Education institution, attendance at which satisfies the compulsory education laws of the state.
W. Utility, Major. Power generating plant, substation, refuse collection facility, water reservoir, water or wastewater treatment plant, or similar facility of a public agency or public utility, but not including any city facility. A structure that may have a significant effect on surrounding uses is regulated under this classification.
X. Utility, Minor. Public utility that is necessary to support legally established uses and involves only minor facilities or structures such as drainage channel, aqueduct, small sewer or water pump station or substation, aboveground distribution or transmission lines including service for telephone or cable television, or underground water, sewer, drainage, gas, electricity, telephone, or related utility lines.
Y. Wireless Telecommunications Facility. Facility that transmits or receives electromagnetic signals for cellular phone technology, personal communication services, enhanced specialized mobile services and paging systems. Such facilities include antennas and related equipment used in the transmission or receipt of communication signals, such as towers, poles or similar support structures, and equipment cabinets or buildings. This classification excludes radio towers and television towers.
Z. Yacht Club. Private social club which may include a club house, private berthing for club members, tie-up visitor docking, on-site parking for automobiles and boat trailers, and dry storage for members’ boats. This classification excludes facilities offering berthing or storage of boats for commercial purposes. [Ord. 12-1356 § 3, 2012; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 1026 §§ 3 and 4, 1991; Ord. 979 § 2 (Exh. A), 1990.]
Article IV. Commercial Uses
1. Adult Businesses. A business based primarily upon materials or performances that depict, describe, or relate to “specified sexual activities” or “specified anatomical areas,” as defined in Chapter 18.06 PMC, Article II.
2. Ambulance Services. Nonpublic emergency and nonemergency medical care and transportation, including incidental storage and maintenance of vehicles.
3. Animals Sales and Services.
a. Animal Boarding. Shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, adoption, obedience and assistance training, grooming, and incidental medical care.
b. Animal Grooming. Bathing and trimming services for small animals on a commercial basis.
c. Animal Hospital. Establishment where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary boarding of animals is included if incidental to the hospital use.
d. Animals – Retail Sales. Retail sales of small animals which take place within an entirely enclosed building. This classification includes activities such as feeding, exercising, obedience and assistance training, and grooming, if these activities occur within the building and are incidental to the retail use.
4. Artist Studio. Work space for artists and artisans, including an individual practicing one of the fine arts, or skilled in an applied art or craft.
5. Bakery, Commercial. Establishment in which baked food products (such as bread and pastry) are made primarily for wholesale distribution but which may also provide retail sales.
6. Bank and Savings and Loan. Financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.
a. ATM. Automatic teller machine (ATM) on the exterior of a building for direct pedestrian access.
7. Campground. A site with two or more campsites for temporary use by campers, vacationers, and travelers occupying tents and recreational vehicles, and that may include permanent structures on-site for use as offices, restrooms, and similar ancillary facilities.
8. Cannabis Delivery. Consistent with state law, a facility or business that holds a valid and appropriate state license and conducts the retail sale of cannabis or cannabis products via delivery service to the end user. Cannabis delivery includes both storefront retail businesses open to the public and engaged in the delivery of cannabis or cannabis products, as well as nonstorefront cannabis businesses with a physical location in the city that sell and deliver cannabis or cannabis products to customers without a premises that is open to the public. This definition excludes cannabis microbusiness.
9. Cannabis Retail. Consistent with state law, a facility or business that holds a valid state license and conducts the retail sale of cannabis or cannabis products. This definition excludes cannabis microbusiness.
10. Commercial Filming and Communications. Facility providing for the creation, broadcasting or recording of motion pictures, digital imaging, video photography, or other communication service. These facilities offer post-production, editing and reproduction services, and may include appurtenant structures necessary to support one or more reception/transmission systems, such as radio or television towers. This classification includes film, radio, television or recording studio; telephone switching center; and Internet broadcasting, telegraph or cable television transmitting office.
11. Commercial Recreation and Entertainment. Business providing participant or spectator recreation, entertainment, or sports activities. Under no circumstance, as a primary, permitted, or accessory use, shall any commercial recreation and entertainment use be allowed to operate simulated gambling devices as defined in Chapter 9.26 PMC.
a. Within Building. This classification includes movie or live performing arts theater, sports arena, bowling alley, billiard parlor, ice/roller skating rink, scale-model course, shooting gallery, tennis/racquetball court, health/fitness club and gym, game center including pinball arcade or establishment having four or more coin operated electronic or mechanical game machines, cardroom as governed by Chapter 5.24 PMC or facility used for bingo games.
b. Outdoor Facility. This classification includes movie or live performing arts theater, sports stadium and arena, athletic field, amusement park, golf, miniature golf, or scale-model course, radio-operated airplane field, tennis/racquetball or basketball court, waterslide and plunge, or target shooting, batting, or golf driving range.
c. Limited. Indoor movie or live performing arts theater, health or fitness club or gym, or tennis/racquetball court.
12. Drive-Through Retail or Service. Establishment providing goods or services from a building through an outdoor service window to customers who remain in their automobiles. Uses in this classification include fast-food restaurants, grocery stores, pharmacies, dry cleaners, and retail banks with drive-through window service. Establishments engaged in the retail sale of gasoline or motor fuel, or that offer automotive oil changes or other vehicle services are classified under vehicle sales and services.
13. Eating and Drinking Establishment. Business serving prepared or cooked meals or beverages.
a. Food Shop. Establishment engaged in the sale of primarily ready-to-eat food and beverage items. This classification includes cookie and candy store, ice cream and yogurt shop, retail bakery, coffee or tea cafe, and donut or sandwich shop.
b. Restaurant, Full-Service. Establishment at which meals are cooked on the premises, and at which an employee takes menu orders from and serves meals to diners who are seated at a table, booth, or counter, either inside or outside a building. This classification includes cafeterias where food items are displayed and selected by diners from a counter or serving line from which they carry their meals to a table or booth for on-site consumption.
c. Restaurant, Self-Service. Establishment at which meals are cooked on the premises and at which customers place and receive menu orders at a window or counter either inside or outside a building and take the food for consumption on or off the site.
d. Restaurant, Take-Out. Establishment at which meals are cooked on the premises and from which menu orders are picked up by customers for consumption primarily off the premises. An establishment at which over 20 percent of the gross floor area is devoted to on-site dining is classified as a self-service restaurant.
e. Restaurant with Drive-In Service. Restaurant providing service to customers by an employee while the diner remains in the automobile.
f. Restaurant with Full Alcoholic Service. Restaurant serving alcoholic beverages in addition to beer and wine.
g. Restaurant with Outdoor Dining. Establishment in which food and beverages are prepared within the restaurant building, but which offers patrons tables and seating immediately outside of the building for consumption of food or beverages.
h. Restaurant or Alcoholic Beverage Establishment with Live Entertainment. Establishment offering live entertainment.
i. Alcoholic Beverage Establishment. Establishment such as a cocktail lounge and bar, at which alcoholic beverages, including beer and wine, are served for on-site consumption. The service of food, such as appetizers and/or light meals, incidental to beverage service shall be required throughout all operating hours.
14. Food and Beverage Sales. Retail sales of food and beverages for primarily off-site preparation or consumption.
a. Grocery. This classification includes a supermarket or convenience store that sells general merchandise incidental to food and beverages.
b. Liquor Store. Establishment engaged in the sale of alcoholic beverages for off-site consumption and incidental sale of general merchandise.
c. Specialty Food Market. Establishment engaged in the sale of limited food items or product lines. This classification includes food pantry, butcher shop, dry coffee or tea store, and meat or produce market.
d. Catering Service. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pick-up or consumption of food by customers.
15. Funeral and Interment Service. Establishment primarily engaged in services involving the care, preparation or disposition of human dead other than in a cemetery. Typical uses include crematory or mortuary.
16. Horticulture, Limited. Cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs on a wholesale basis with incidental retail sales and where no other garden, nursery or landscape merchandise is sold or stored on the site.
17. Laboratory, Limited. Establishment providing medical or dental laboratory services or establishment with less than 2,000 square feet providing photographic, analytical, or testing service. Other laboratories are classified as industrial services, laboratory.
18. Maintenance and Repair Service. Establishment providing on-site repair and incidental sales of supplies for appliances, office machines, tools, or garden equipment within an enclosed building. This classification includes establishments offering furniture upholstery, refinishing and repair services, but excludes establishments engaged in maintenance and repair of vehicles (see automobile and recreational vehicle repair), boats or ships (see industrial services, boatyard), or industrial repair (see industrial services, repair/jobbing services).
19. Marine Facilities and Services.
a. Boat and Marine Vessel Sales and Rental. Establishment engaged in the retail sale or rental of small boats, personal motorized water skis, and similar recreational or commercial watercraft. Uses in this category may also parts and supplies accessory to watercraft and may conduct incidental repairs and maintenance of boats and watercraft for sale. Typical uses include chandlery, yacht brokerage and sales.
b. Boat and Marine Vessel Storage. Terrestrial facility or yard used for the exclusive storage of personal motorized water skis, kayaks, motor or sailboats and similar recreational or small commercial watercraft.
c. Marina. Boat basin with docks, boathouses and mooring facilities intended for docking of small boats used for recreation, commercial fishing, commuter ferry, or charter, tour and excursion services. This classification includes the incidental maintenance of boats and equipment, and facilities for the incidental sale of fuel, navigational equipment, and boating supplies.
20. Massage Establishment. An establishment where any person engages in or carries on massage in exchange for any form of consideration, whether at a fixed place of business or at a location designated by a customer or client for off-premises massage services. The term “massage establishment” includes a sole owner and employee of a massage business operating as a sole proprietorship. Refer to Chapter 5.64 PMC for additional definitions related to massage establishments.
21. Medical Services Office. Offices of state-licensed firms or organizations that provide human physical and psychological health services and resources, such as physicians, dentists, chiropractors, physical therapists, psychiatrists, psychologists, counseling and family planning services, optometrists, or acupuncturists. This classification includes only those facilities intended for outpatient medical services, and may include medical/dental laboratory incidental to the office use.
22. Office, Business and Administrative. Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, secretarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices where no medical services are provided, but excludes retail banking services and medical offices. Under no circumstance, as a primary, permitted, or accessory use, shall any business and administrative office use be allowed to operate simulated gambling devices as defined in Chapter 9.26 PMC.
23. Personal Improvement Services. Provision of instructional services on a commercial basis, including photography, fine arts, crafts, dance, music or martial arts studio; driving or language-learning school; diet center; and tutoring or scholastic examination preparation facility. Facilities that are engaged in the instruction of technical or vocational skills are classified under school, commercial.
24. Personal Services. Provision of services and incidental sales of a personal nature. This classification includes barber and beauty shop, tanning salon, watch and jewelry repair, engraver, picture framing, seamstress, tailor, shoe repair shop, dry cleaner, locksmith, portrait studio, film developing, self-service laundry, bicycle repair, tattoo and piercing, and home electronic equipment repair.
25. Printing and Publishing Services. Establishment containing equipment for duplicating printed or electronic matter other than as an incidental activity. Under no circumstance, as a primary, permitted, or accessory use, shall any printing and publishing services be allowed to operate simulated gambling devices as defined in Chapter 9.26 PMC.
a. Commercial. Establishment utilizing lithography, blueprinting, or offset presses capable of printing sheets larger than 11 inches by 17 inches. This classification primarily engages in high-volume printing such as newspapers, books, magazines, business and telephone directories, and catalogs.
b. Electronic. Establishment engaged in developing, reproducing and distributing computer or electronic software or media. This classification includes those establishments that offer support services to software consumers.
c. Limited. Establishment providing full- or self-service business or personal photocopying and printing services. This classification is limited to the printing of booklets, brochures, business forms, newsletters, and stationery, and the provision of related support services.
26. Recycling Collection Facility. Collection facility (defined in PMC 18.06.215) established as a principal or accessory use or device.
a. Reverse Vending Machine. An automated or 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 cash refund or a redeemable credit slip. Typically, this type of vending machine does not cover an area larger than 50 square feet.
b. Small Recycling Facility. Collection facility established as an accessory use to a principal use, not exceeding 500 square feet in size. This facility may include: mobile recycling units (truck, trailer, van, boxes, bins, containers transported by truck, car or train), reverse vending machines, or grouping of reverse vending machines (more than three machines), kiosk type units (may be permanent), and unattended container placed for donation of recyclable materials.
c. Large Recycling Facility. Collection facility established either as an accessory use, 500 square feet or larger in size, or as a principal use, regardless of size, devoted exclusively to the collection of recyclable materials from the public. A large recycling center may include: mobile recycling units (truck, trailer, van, boxes, bins, containers transported by truck, car or train), reverse vending machines, or a grouping of reverse vending machines (more than three machines), kiosk type units (may be permanent), and unattended containers placed for donation of recyclable materials.
27. Research and Development Services. Establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm or pharmaceutical research laboratory, but excludes manufacturing or medical testing and analysis. (See research and development production.)
28. Retail and Wholesale Sales. Establishments engaged in the sale or distribution of merchandise to the consumer. This category includes businesses offering wholesale sales of merchandise directly to the end consumer, and businesses offering incidental post-sales services such as installation, repair and customer support. Except where noted in the land use description, all uses in this classification occur indoors.
a. General Merchandise, Retail Sales and Rental. The retail sale or rental of merchandise not specifically listed under another use classification. Typical of this classification is a business engaged in the sale or rental of specialty items such as antiques, art supplies, artworks, gifts, handcrafted items, clothing and wearing apparel, fabrics, luggage and leather goods, sporting goods, toys, hobby materials, jewelry, books and magazines, records, discs and tapes, musical instruments, radios and televisions, electronic equipment, cameras and photographic equipment, computer hardware and software, office equipment and supplies, stationery, educational supplies, appliances and utensils, optical and hearing aids, hospital and medical supplies and equipment, floral items, tobacco (excluding smoke shops and smoking lounges), coins and stamps, bicycles, or new automotive parts and accessories (excluding service and installation). This classification includes a store retailing general lines of merchandise such as department, variety, furniture and drugstore. This classification also includes wholesale showroom and catalog store, wherein merchandise is displayed and ordered on site but is shipped directly from the supplier to the consumer. These businesses typically include the incidental sale of goods listed under other use classifications.
b. Home Improvement Sales and Service. Retail, wholesale, rental, and related services of hardware, plumbing, electrical, heating, air conditioning, or building supplies, tools and equipment, plants and garden products, patio furniture, swimming pools, spas, and hot tubs, lighting fixtures, countertops, kitchen and bathroom fixtures and cabinets, paint, carpeting, window coverings, floorcoverings or wallpaper. This classification includes establishments with outdoor display area for limited lines of merchandise such as landscaping, garden and patio products. Hardware stores occupying less than 25,000 square feet of total indoor and outdoor area are classified under general merchandise, retail sales and rental.
c. Lumber and Building Material Yard. Establishment engaging in the retail or wholesale sales of lumber, finished wood products, or building and landscape material supplies either inside or outside of a structure. This classification includes incidental sales and rental of hardware, plumbing, electrical, garden or painting supplies and equipment.
d. Nursery. Establishment providing the sale and cultivation in aboveground containers or flats of trees, shrubs, and plants either inside or outside of a building, including the sale or rental of garden and landscape materials and equipment.
e. Mail Order or Direct Selling Establishment. Retailing of merchandise outside of a fixed retail location or store. Uses in this classification include those businesses that store merchandise on-site within an enclosed building; accept orders transmitted by mail, telephone or the Internet; and distribute merchandise from an on-site office/point-of-sale desk through vending machines, person-to-person sales, or shipment directly to the consumer. Businesses within this use classification generally do not provide on-site retail opportunities to consumers, but may dedicate up to 10 percent of the total building floor area to walk-in retail sales.
f. Pawn Shop. Establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property.
g. Retail Warehouse. Establishment consisting of over 100,000 square feet of sales area, that is primarily engaged in the sale and warehousing of factory-direct merchandise and bulk goods. This classification includes membership warehouse and superstore.
h. Secondhand Appliance and Clothing Sales. The retail sale of used appliances and clothing. An antique or similar shop engaged in the retail sale of used furniture and accessories other than appliances is classified under general merchandise, retail sales and rental.
i. Smoke Shop. Retail establishment that devotes 15 percent or more of its total floor space to products intended or designed for use in ingesting, inhaling or otherwise introducing tobacco or controlled substances into the human body, including but not limited to tobacco products, smoking oils and extracts, electronic cigarettes which contain nicotine and emit smoke or vapor, smoking accessories, including but not limited to rolling papers, rolling machines, herb grinders, scales, glass pipes, hookah pipes, bongs, bubbler or other paraphernalia. Herbal and nicotine containing products which do not generate smoke or vapor, and incense used solely for olfactory purposes and not containing tobacco or nicotine, are not included in this definition.
j. Smoking Lounge. Business establishment that is dedicated, in whole or in part, to the smoking or vaporization of tobacco or other substances, including but not limited to establishments commonly known as cigar lounges, hookah cafes, tobacco clubs, tobacco bars, e-cigarette lounges and vapor bars.
29. School, Commercial. Establishment engaged in the teaching of technical or vocational skills, including barber and beauty college, real estate, modeling, and secretarial school. Institutions that typically grant recognized degrees are classified under college, public or private.
30. Vehicle Sales and Services.
a. Automobile and Recreational Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, mobile homes, or recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes engine overhauls involving the removal of engine blocks, body and fender work, painting, undercoating, steam cleaning, glass replacement, upholstery and convertible top service, vehicle towing, radiator, transmission, wheel and axle repair, but excludes vehicle dismantling or salvage and tire retreading or recapping. Establishments engaged in the repair or restoration of boats and watercraft are classified under industrial services, boatyard. Establishments engaged in the service or repair of construction or agricultural equipment are classified under industrial services, equipment sales and rental.
b. Automobile Rental. Rental of automobiles or motorcycles, including storage and incidental maintenance, but excluding maintenance requiring lifts capable of elevating more than one vehicle tire off of the ground.
c. Automobile Repair, Limited. Limited repair and service or installation of parts for automobiles. This includes retail sales and installation of tires, mufflers, exhaust and suspension systems; automobile window tinting; automotive radio/electronics installation and service; automotive air conditioning/heater service; oil changing service; and smog testing or diagnostic facility with no on-site repair. This classification includes only those facilities that offer same-day service of vehicles, without provision for overnight storage of vehicles inside or outside of a building. This classification excludes those facilities that are also engaged in the sale of gasoline and motor fuels. Other repair activities are classified under automobile and recreational vehicle repair, major.
d. Automobile Sales. Establishment engaged in the sale or leasing of motorcycles and passenger cars, pickup trucks and vans, including storage and incidental maintenance. An establishment engaged only in the rental of automobiles or motorcycles is classified under automobile rental. An establishment engaged in the sale, service or rental of construction equipment, agricultural equipment, or commercial trucks or vans with a gross vehicle weight in excess of 15,000 pounds is classified under industrial services, equipment sales and rental.
e. Automobile Washing. An establishment engaged in the washing, waxing, or cleaning of automobiles by mechanical or semi-mechanical devices as a main use or, if an accessory use, utilizing an automatic track system with blowers or drying vacuums. Manual automobile washing is prohibited unless it can be sufficiently demonstrated to the zoning administrator that all wastewater can be captured, treated, and recycled or properly disposed of in accordance with regulatory standards.
f. Recreational Vehicle and Mobile Home Sales. Establishment engaged in the retail sale of mobile home dwelling units or the sale or rental of various vehicles for recreational touring purposes, such as travel trailers or coaches. An establishment engaged in the sale or rental of boats, personal motorized water skis, and similar watercraft is classified under marine sales and rental.
g. Service Station. Establishment primarily engaged in the retail sale of gasoline and motor fuel. This classification provides for the incidental sale of grocery items or related retail goods, and auto parts and accessories. Services offered may include minor vehicle repair and installation of parts, towing services limited to automobiles, nonmechanical washing and waxing or mechanical washing other than classified under automobile washing. Other repair activities are classified under automobile and recreational vehicle repair, major.
h. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, trailers, buses, and recreational vehicles, but does not include vehicle dismantling. An establishment engaged exclusively in the storage of boats and watercraft is classified under boat and marine vessel storage.
i. Electric Vehicle (EV) Charging Stations. Establishment with charge points or electric vehicle supply equipment which supplies electrical power for charging plug-in electric vehicles.
31. Visitor Accommodations. Commercial establishments offering lodging to transients.
a. Bed and Breakfast Inn. Establishment that provides bedrooms for lodging on a less than weekly basis and that has one household in permanent residence. Establishments in this category typically occur in a converted single-family or multifamily dwelling and offer incidental eating and drinking service from a single kitchen for lodgers and residents only.
b. Hotel. Establishment providing guest rooms for temporary lodging, typically on a less than weekly basis, with no or minimal kitchen facilities in the guest units. This classification may include health and recreational facilities and on-site conveniences such as business and laundry services for guests. Establishments in this category may also offer conference and convention facilities, and eating, drinking and banquet service for guests as well as nonguests.
c. Motel. Establishment with guest rooms for temporary lodging, typically on a less than weekly basis. Guest rooms in these facilities provide no or minimal kitchen facilities, but have a separate entrance leading directly to the outside of the building and adjacent to an individual parking space.
32. Warehousing and Storage, Limited. Provision of space, within an enclosed building, for the storage of privately owned household goods, personal property, business records, documents, and supplies. This classification includes ministorage facility but excludes wholesaling and storage, and vehicle storage. [Ord. 23-1509 §§ 12, 13, 2023; Ord. 21-1498 § 3, 2021; Ord. 21-1492 § 5, 2021; Ord. 18-1451 § 3 (Exh. C), 2018; Ord. 17-1439 § 4 (Exh. A), 2018; Ord. 16-1419 § 4, 2016; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 14-1380 §§ 3 – 5, 2014; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 1116 § 3 (Exh. A), 1996; Ord. 1060 § 5, 1993; Ord. 998 § 3 (Exh. B), 1990; Ord. 979 § 2 (Exh. A), 1990.]
Article V. Industrial Uses
A. Food and Drug Processing. Establishment engaged in the manufacture, processing, production, or packaging of drugs, beverages, or food products within an enclosed building. This classification includes brewery, bottler, winery, meat processing plant, candy and dairy product manufacturer, food truck commissary and related activities within an enclosed building, but excludes slaughterhouse, rendering plant, cannery or tannery. Uses in this classification may provide for the incidental on-site tasting or retailing of products.
B. Industrial Service. Establishment that provides services in which industrial-type equipment, materials, and supplies are maintained on the site or that require on-site processing or handling of materials or substances.
1. Boatyard. Establishment providing facilities for the repair, detailing, painting, maintenance, fabrication and handling of small boats such as pleasure craft and commercial fishing and tour boats, and related equipment. This includes ancillary boat ramps, drydocks, and handling facilities, and sail-making lofts.
2. Contractor. Establishment that furnishes supplies, equipment, or products, and performs services at off-site locations but which maintains equipment, vehicles with a gross vehicle weight in excess of 15,000 pounds, stock-in-trade, and related activities on-site within an enclosed building. Typical uses are construction, janitorial, excavation, demolition, pest control, landscape or building contracting services.
a. Contractor Yard. Storage yard and maintenance of equipment and supplies outside of a building.
3. Equipment Sales and Rental. Retail or wholesale sale or rental of new or used large vehicles such as tractors, construction or agricultural equipment, commercial utility trucks, and utility or freight trailers. Establishments in this classification may offer incidental repair and maintenance of equipment for sale or rent.
4. Laboratory. Establishment over 2,000 square feet, other than medical/dental lab, providing commercial testing, photofinishing, chemical or biological analytical service within an enclosed building.
a. Cannabis Testing Laboratory. Consistent with state law, an establishment that holds a valid state license that offers or performs tests of cannabis or cannabis products and that is both accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state and licensed by the state.
5. Laundry. Establishment that provides on-site cleaning services within an enclosed building. This classification includes industrial dry cleaning plant, commercial laundry and linen supply services, or diaper services.
6. Processor. Establishment in which materials or items are handled or processed including their related storage and sale. This classification includes rock or mineral crushing and processing services; lumber, building material and scrap metal salvage and handling; solid waste facility/materials recovery facility and transfer station; and auto dismantler within an enclosed building.
7. Repair/Jobbing Service. Establishment providing facilities within an enclosed building for the repair or custom manufacture of heavy business and industrial equipment, other than automobile, recreational vehicle and boat repair. Uses include welding and machine shop, foundry, metal finishing, tool making, or construction and material handling equipment repair services.
C. Manufacturing. An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.
1. Heavy. Establishment engaged in the primary production of and extraction of metals or chemical products from raw materials or the pre-production processing of basic products, including bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck, rail, or ship traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes steelworks and finishing mill; chemical and fertilizer plant; petroleum and gas refinery; lumber, paper, or textile mill; asphalt, concrete, and hot mix batch plant; stoneworks, glassworks, brick refractory; and concrete products manufacturing within an enclosed building.
2. Limited. Establishment engaged in the fabrication, assembly, processing, treatment, or packaging of finished parts or products from previously prepared materials within an enclosed building, excluding food and drug processing.
3. Custom. Establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. This classification may include the incidental direct sale to consumers of only those products produced on-site. Typical uses include ceramic studio, candle-making, boatwright, custom jewelry manufacture, ornamental iron works, cabinet shop, or stained/leaded glass studio.
4. Cannabis Manufacturing. Consistent with state law, an establishment that holds a valid state license and conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container, but excludes cannabis microbusiness.
5. Cannabis Microbusiness. Consistent with state law, an establishment that holds a valid state license and is engaged in three of the following four commercial cannabis activities: cultivation of cannabis in an area less than 10,000 square feet; cannabis distributor; cannabis manufacturing; and cannabis retail.
D. Research and Development Production. Establishment primarily engaged in the research, development, testing, and controlled production and wholesale of high-technology electronic, industrial, or scientific products or commodities within an enclosed building, but does not include uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include biotechnology, film, and nontoxic electronic and computer component manufacturers.
E. Transportation/Distribution. Activity and facility involving the distribution of freight or transportation services.
1. Commercial/Personal Transport Services. Establishment providing transportation services including the incidental maintenance and storage of vehicles, but excluding establishments with facilities for long- or short-term storage of transported goods. This classification includes limousine, bus, taxi, or armored car services.
2. Railroad Terminal and Switchyard. Facility for distributing freight from rail cars and making up trains.
3. Truck Terminal. Establishment providing truck storage or facilities for the distribution, handling, processing, and long- or short-term storage of transported goods or packages. This classification does not include trucking activities accessory to a permitted or conditionally permitted use.
4. Wharf. Facility comprised of one or more docks and adjacent land, that is used for the berthing of ships and barges, and the distribution and handling of cargo.
5. Cannabis Distribution. Consistent with state law, an establishment that holds a valid state license and is engaged in the procurement, sale, and transport of cannabis and cannabis products between commercial cannabis businesses licensed by the state. This definition excludes cannabis microbusiness.
F. Wholesaling and Storage. Establishment engaged in the wholesale, distribution and warehousing of goods. Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers. Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk-in retail customers.
1. With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.
2. With Exterior Storage. Storage and handling of goods and equipment is entirely or partially outdoors, even if screened from public view. This classification does not include junk or vehicle dismantling yard, or disposal facility. [Ord. 23-1509 § 14, 2023; Ord. 21-1492 § 6, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 17-1439 § 4 (Exh. A), 2018; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 1062 § 3, 1993; Ord. 979 § 2 (Exh. A), 1990.]
Article VI. Agricultural and
Extractive Uses
A. Animal Husbandry. Raising of animals or primary production of animal products, such as eggs or dairy products, on an agricultural or commercial basis, excluding slaughterhouse, meat processing and secondary food production. Typical uses include grazing, ranching, dairy farming, beekeeping, poultry farming, and livestock auction. Facilities include barn, silo, paddock, stable, pen and apiary.
B. Cannabis Cultivation.
1. Indoor. Consistent with state law, an establishment that holds a valid state license and is engaged in cannabis cultivation indoors for the purpose of commercial use, but excludes a cannabis microbusiness.
2. Outdoor. Consistent with state law, an establishment that holds a valid state license and is engaged in cannabis cultivation outdoors for the purpose of commercial use, but excludes a cannabis microbusiness.
3. Mixed Light. Consistent with state law, an establishment that holds a valid state license and is engaged in cannabis cultivation utilizing a mixture of indoor and outdoor lighting for the purpose of commercial use, but excludes a cannabis microbusiness.
C. Crop Production. Raising and harvesting of orchard crops, raw crops, or field crops on an agricultural or commercial basis, including primary processing and packaging, but excluding canning and secondary food production. Facilities include granary, barn, greenhouse, and packing structure.
D. Mining and Processing. Place or facility primarily devoted to surface or subsurface mining of metallic and nonmetallic minerals, oil or gas, including only such equipment necessary and convenient for drilling or extracting operations together with essential on-site processing and production of only nonmetallic mineral products. Typical places include borrow pit, quarry, or oil and gas well. Facilities include drilling rig, shovel, hoe, drag line, bin, chute, conveyor, and hopper for on-site production.
E. Photovoltaic Array. System of power-generating solar modules or panels designed to capture sunlight and convert it into electricity. This classification includes facilities capable of storing electricity and distributing it on the utility grid, but excludes panels installed on or adjacent to a structure for the purpose of providing power exclusively to that structure.
F. Wind Energy Conversion System. Windmill farm for commercial production and sale of electricity produced from such devices. [Ord. 21-1492 § 7, 2021; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
Article VII. Accessory Uses
A. Accessory Use. Use that is incidental to the principal permitted or conditionally permitted use on a site and customarily provided or acceptable with the use. This classification includes home occupation, surface parking for residents’, customers’ or employees’ automobiles, recreational activity, and administrative or office support function and facility.
B. Accessory Structure. Structure that is incidental to the principal permitted or conditionally permitted structure or use on a site and customarily found on the same site.
1. Accessory Dwelling Unit. Dwelling unit (“second unit”) governed by PMC 18.50.300 through 18.50.315.
2. Accessory Living Quarters.
3. Caretaker’s Quarters.
4. Accessory Structure. Structure with no bedroom or kitchen. This classification includes construction trailer, real estate field office for the sale of property within a subdivision, parking structure, sign, and structure for mechanical equipment and ancillary storage. [Ord. 23-1509 § 15, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
Article VIII. Temporary Uses
A. Animal Show. Exhibition of domestic or large animals for a maximum of seven days.
B. Christmas Tree Sale. Retail sales of Christmas trees between Thanksgiving and December 26th.
C. Commercial Entertainment. Provision of games, rides, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities on a site, or in a tent or other temporary structure as governed by PMC 5.12.050. This classification includes circus and carnival, but excludes an event conducted in a permanent entertainment facility. Events classified under this category may occur on a specific site no more than two times in a calendar year and for periods of no longer than 30 calendar days at a time.
D. Commercial Filming, Limited. Commercial motion picture or video photography at the same location for a single or limited production.
E. Farmers’ Market. Retail sales of produce and other food items conducted by a sponsor for a maximum period of six hours per day during the weekends.
F. Holiday Boutique. Retail sale of craft or limited production items between Thanksgiving and January 1st.
G. Mobile Food Vendor. Sale of food or beverage items from a truck, push cart, wagon or similar vehicle that is self-contained for potable water, wastewater and power, but that is not on a permanent foundation. This classification includes only those vendors whose vehicles have obtained all appropriate permits from the county health department. This classification excludes those vendors that impede vehicular or pedestrian circulation and excludes food sales occurring on public streets.
H. Personal Property Sale. Sale of personal property on a noncommercial basis no more than three times in a calendar year for a maximum period of three days each time. This includes yard and garage sale.
I. Real Property Sale. Sale, leasing or rental of a nonresidential parcel or structure. This includes the on-site sale of subdivision lots or structures.
J. Religious Assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use, no more than two times in a calendar year for a maximum period of 48 hours each time.
K. Retail Sale, Outdoor. Retail sale of new merchandise on the site of a legally established retail business no more than three times in a calendar year for a maximum period of seven days each time.
L. Rummage Sale. The sale of secondhand property including reclaimed or salvaged goods by a charitable, religious or nonprofit organization.
M. Storage, Outdoor. Storage or placement of equipment, merchandise, or products not otherwise permitted outside of a building.
N. Trade Fair. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of 10 days per calendar year. [Ord. 21-1498 § 4, 2021; Ord. 21-1489 § 4, 2021; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
Article IX. Prohibited Uses
Repealed by Ord. 16-1414. [Ord. 13-1364 § 3, 2013.]
Repealed by Ord. 16-1414. [Ord. 13-1364 § 3, 2013.]
Code reviser’s note: Ord. 09-1322 adds the use classification for supportive housing as an unlettered subsection of this section. It has been editorially designated as subsection (H) and subsequent subsections have been relettered to preserve alphabetization.
General Provisions
PMC Title 18 may be cited as the “zoning ordinance of the city of Pittsburg” or “zoning ordinance.” [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
The zoning ordinance includes the following components:
A. Provisions dealing with the administration, interpretation and enforcement of the zoning ordinance;
B. Regulations, known as the zoning regulations, establishing classes of zoning districts, governing the use of land and the placement of buildings and improvements within districts, and establishing performance standards;
C. A map or set of maps, known as the zoning map, delineating the boundaries of zoning districts within the city. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
The purpose of the zoning ordinance is to protect and promote the public health, safety, and general welfare, and to implement the policies of the city general plan. Specifically, the zoning ordinance is intended to:
A. Provide a precise guide for the physical development of the city in order to:
1. Preserve the character and quality of residential neighborhoods,
2. Foster convenient, harmonious and workable relationships among land uses, and
3. Achieve the arrangement of land uses described in the general plan;
B. Promote economic stability of existing land uses that are consistent with the general plan and protect them from intrusions by inharmonious or harmful land uses;
C. Prevent excessive population densities and overcrowding of land or buildings;
D. Ensure the provision of adequate open space for light, air and fire safety;
E. Permit the development of office, commercial, industrial, and related land uses that are consistent with the general plan, in order to strengthen the city’s economic base;
F. Conserve and enhance the city’s architectural and cultural resources;
G. Conserve and enhance key visual features of Pittsburg’s setting, including the riverfront and major ridgelines, consistent with the general plan;
H. Require adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system;
I. Ensure that service demands of new development will not exceed the capacities of streets, water and utilities, and other public services;
J. Encourage a built environment of the highest design and architectural quality. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Structure of Regulations. The zoning regulations consist of:
Division I | – | General Provisions |
Division II | – | Administration |
Division III | – | Base District Regulations |
Division IV | – | Overlay District Regulations |
Division V | – | General Land Use Regulations |
Division VI | – | Enforcement |
B. Types of Regulations. These types of zoning regulations control the use and development of property:
1. Administrative Provisions. Administrative provisions contain procedures for the administration of zoning regulations, including requirements for design review; public hearings on ordinance amendments, zoning approvals, use permits, and variances; development agreements; amendments to the ordinance; appeals of zoning decisions; and enforcement. These regulations appear in Division II.
2. Land Use Regulations. Land use regulations specify land uses permitted or conditionally permitted in each zoning district. These include special requirements applicable to specific uses. Land use regulations for base zoning districts appear in Division III; land use regulations for overlay districts appear in Division IV. Performance standards which govern special uses in the various land use districts appear in Division V.
3. Development Regulations and Standards. Development regulations and standards control the height, bulk, location, and appearance of structures on sites intended for development. Development regulations for base zoning districts appear in Division III; development regulations for overlay districts appear in Division IV. Development regulations and performance standards, applicable in more than one class of base or overlay district, appear in Division V. These include such matters as parking and loading regulations, mobile home park conversions, and site development regulations. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
For statutory provisions relating to local planning, see Government Code § 65100 et seq.; for the provisions pertaining to the adoption and administration of zoning laws and ordinances and their implementation, see Government Code § 65850 et seq.
The purpose of this chapter is to provide precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter apply throughout the zoning regulations, except where the context indicates a different meaning. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
The following rules of construction apply in addition to the general provisions of PMC Title 1.
A. The particular controls the general;
B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. “And” indicates that all connected words and provisions apply,
2. “Or” indicates that the connected words or provisions may apply singly or in any combination,
3. “Either...or” indicates that the connected words or provisions apply singly but not in combination;
C. In case of conflict between the text and a diagram, the text controls;
D. References to departments, commissions, boards and other offices or instrumentalities are to those of the city unless otherwise indicated;
E. A reference to a public official of the city is to that person who performs the function referred to and includes a designated deputy of the official;
F. A reference to days is to calendar days unless otherwise specified by state law. If a deadline falls on a weekend or holiday, the time for performing an act is extended to the next working day. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Applicability to Property. Zoning regulations apply to all land within the city including land owned by the city and other local, state and federal agencies to the extent provided by law. Application of regulations to specific lots is governed by the zoning map.
B. Applicability to Streets and Rights-of-Way. A public street, utility, and other right-of-way is considered to be in the same zoning district as the property to which it is contiguous. Nothing in this subsection is intended to make the zoning regulations applicable to a public utility easement or right-of-way under the control of the city; provided, however, that all wireless facilities in the public right-of-way shall be subject to Article XX (Wireless Telecommunications Facilities) of Chapter 18.84 PMC. Where contiguous property is classified in a different zoning district, the centerline of the street or right-of-way is the district boundary, unless otherwise depicted on the zoning map.
C. Compliance with Regulations. No land may be used, and no structure may be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with this title.
D. Public Nuisance. Neither this title nor the approval of a permit authorized by this title authorizes the maintenance of a public nuisance.
E. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title is sufficient notice to allow the city to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.
F. Requests for Notice. Where this title requires that notice be given by first class mail to “any person who has filed a written request for such notice,” that request must be filed with the city planner and is subject to the applicable fee.
G. Conflict with Other Regulations. Where a conflict occurs between this title and another city ordinance, resolution, guideline, or regulation, the more restrictive provision controls unless otherwise specified in this title.
H. Relation to Private Agreements. This title does not affect or annul an easement, covenant, or agreement. However, if this title imposes a greater restriction than imposed by an easement, covenant, or agreement, this title controls.
I. Relation to Prior Ordinance. This title supersedes prior zoning regulations of the city. However, this title does not validate or legalize a land use or structure established, constructed, or maintained in violation of prior zoning regulations.
J. Zoning of Annexed Land. The zoning administrator may conduct a study to determine the most appropriate general plan designation for land proposed for annexation to the city, and may recommend prezoning consistent with the general plan designation. If prezoning is approved by the planning commission and the city council, the zoning becomes effective upon annexation. Land annexed without prior prezoning shall be zoned S as prescribed by Chapter 18.64 PMC.
K. Application During Local Emergency. The city council may authorize a deviation from a provision of this title during a local emergency declared and ratified under Chapter 2.44 PMC. The city council may authorize a deviation by resolution without notice or public hearing.
L. Severability. If a section, subsection, sentence, or phrase of this title is for any reason held to be invalid, the remaining portions of this title are not affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that a portion of this title would be declared invalid. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Zoning Regulations. Where uncertainty exists regarding the interpretation of a provision of this title or its application to a specific site, the zoning administrator shall determine the intent of the provision.
B. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules apply:
1. A district boundary shown as approximately following the property line of a lot is construed to follow that property line.
2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary is determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.
3. A district boundary shown as approximately following the right-of-way line of a freeway, alley, railroad, or other identifiable boundary line is construed to follow the right-of-way or boundary line.
4. A district boundary shown as lying within, but not generally contiguous to, a right-of-way line of a freeway, street, alley, railroad, or other identifiable boundary line is construed to follow the centerline of the right-of-way or boundary line.
5. Where a conflict occurs between the zoning districts and district boundaries depicted on the zoning map and the land use designations and land use designation boundaries depicted on the land use diagram in the general plan, the general plan land use diagram governs.
6. If an uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the zoning administrator.
C. Appeal. An interpretation of the zoning regulations or zoning map by the zoning administrator may be appealed to the planning commission, as provided in PMC 18.18.050. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. A use permit, variance, design review approval, or tentative parcel or subdivision map, which is valid on the effective date of the ordinance codified in this title remains valid until its expiration date.
B. This title does not require a change in plans, construction or designated use of a structure for which a building permit was issued before June 20, 2007, or a later amendment to it.
C. A reapplication for an expired permit must meet the standards in effect at the time of reapplication.
D. A permit issued before June 20, 2007, that is proposed to be modified after June 20, 2007, may only be approved in accordance with this title. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
An applicant may request that two or more applications for separate discretionary permits requested or required in conjunction with a project be consolidated. The findings and decisions for each permit must be considered individually. However, for the purpose of discretionary action, these multiple permits constitute one project. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Zoning Designation System. Land use, development regulations and performance standards applicable to a specific site are shown on the zoning map by a zoning designation consisting of classes of letter designators:
1. A land use regulation designator indicates the principal land uses permitted or conditionally permitted in each district.
2. An overlay district designator is included in a zoning designation if the provisions of one or more overlay districts apply to a site.
3. An ordinance number is added to a specified zoning designation and overlay district to reference the enabling legislation and specific regulations.
B. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:
Base District Designator | Base District Name | Chapter |
|---|---|---|
RR | Rural residential district | 18.50 |
RS-40 | Single-family residential district, 40,000 square foot minimum lot size | 18.50 |
RS-10 | Single-family residential district, 10,000 square foot minimum lot size | 18.50 |
RS-6 | Single-family residential district, 6,000 square foot minimum lot size | 18.50 |
RS-5 | Single-family residential district, 5,000 square foot minimum lot size | 18.50 |
RS-4 | Single-family residential district, 4,000 square foot minimum lot size | 18.50 |
RM | Medium-density residential district | 18.50 |
RMD | Downtown medium-density residential district | 18.50 |
RH | High-density residential district | 18.50 |
RHD | Downtown high-density residential district | 18.50 |
CO | Commercial office district | 18.52 |
CN | Neighborhood commercial district | 18.52 |
CC | Community commercial district | 18.52 |
CS | Service commercial district | 18.52 |
CSD | Downtown service commercial district | 18.52 |
CW | Waterfront commercial district | 18.52 |
CP | Pedestrian commercial district | 18.52 |
M | Mixed use district | 18.53 |
IP | Industrial park district | 18.54 |
IL | Limited industrial district | 18.54 |
IG | General industrial district | 18.54 |
HPD | Hillside planned development district | 18.56 |
OS | Open space district | 18.58 |
GQ | Governmental and quasi-public district | 18.60 |
PD | Planned development district | 18.62 |
S | Unclassified | 18.64 |
C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:
Overlay District Designator | Overlay District Name | Chapter |
|---|---|---|
-S | Interim study overlay district | 18.70 |
-P | Master plan overlay district | 18.72 |
-O | Limited overlay district | 18.74 |
D. References to Classes of Base Districts. A reference to an R district refers to all residential districts; a reference to a C district refers to all commercial districts; and a reference to an I district refers to all industrial districts. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
The regulations applicable to each district apply to the area within that district. A use other than parking serving a principal use on the site may not be located in a district unless it is a permitted or conditionally permitted use. Pedestrian or vehicular access from a street to a use may not traverse a portion of the site in a district unless the use is a permitted or conditional use. [Ord. 23-1509 § 2, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
Article II. Definitions
The definitions in this article apply to this title unless the context otherwise requires. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Abutting” or “adjoining” means having district boundaries or lot lines in common. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Accessory living quarters” are living quarters within an accessory building, but without kitchen facilities, on the same site as a main building of residential use. Accessory living quarters are not rental units, but are instead used for the purpose of housing servants, employees or nonpaying transient visitors or guests of the occupants of the main building. This definition includes the term “guesthouse,” but does not include accessory dwelling units governed by PMC 18.50.300 through 18.50.315, or caretaker’s quarters. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
A. Gross. “Gross acre” is the area of a lot or site, including easements and right-of-way to be dedicated, but excluding existing public rights-of-way.
B. Net. “Net acre” is the area of a lot or site remaining after dedication of all required rights-of-way. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Affordable ownership price” means a sales price that results in a monthly housing payment consistent with California Health and Safety Code Section 50052.5(b), as amended from time to time.
A. For very low-income households, monthly housing payment during the first calendar year of a household’s occupancy, including mortgage interest and principal payments, property taxes, mortgage insurance, homeowner’s insurance, homeowners’ association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 30 percent of 50 percent of the area median income allowed for appropriately-sized very low-income households.
B. For lower-income households, monthly housing payment during the first calendar year of a household’s occupancy, including mortgage interest and principal payments, property taxes, mortgage insurance, homeowner’s insurance, homeowners’ association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 30 percent of 70 percent of the area median income allowed for appropriately-sized lower-income households.
C. For moderate-income households, average monthly housing payment during the first calendar year of a household’s occupancy, including mortgage interest and principal payments, property taxes, homeowner’s insurance, homeowners’ association dues, allowances for utilities and property maintenance costs, and any assessments paid by homeowners, is equal to or less than one-twelfth of 35 percent of 110 percent of the area median income allowed for appropriately-sized moderate-income households. [Ord. 07-1284 § 3 (Exh. B), 2007.]
The definition of “affordable rent” shall be consistent with California Health and Safety Code Section 50053, as amended from time to time.
A. For extremely low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 30 percent of the area median income allowed for appropriately-sized extremely low-income households.
B. For very low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 50 percent of the area median income allowed for appropriately-sized lower-income households.
C. For low-income households, monthly rent, including utilities and all fees for housing services, is equal to or less than one-twelfth of 30 percent of 60 percent of the area median income allowed for appropriately-sized lower-income households. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Affordable unit” shall mean a dwelling unit that is required to be rented at an affordable rent or available at an affordable ownership price to specified households, and occupied by specified households, pursuant to an affordable housing agreement or the inclusionary housing or density bonus provisions of this title. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Appropriately sized” shall be consistent with California Health and Safety Code Section 50052.5(h), as amended from time to time, and shall be based on presumed maximum occupancy levels of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Area median income” shall mean the median income level as published pursuant to California Code of Regulations, Title 25, Section 6932 (or its successor provision). [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Aisle” is a paved area on a lot between a driveway and a parking space necessary to provide access for vehicles. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Alley” is a public way permanently reserved for secondary access to the rear or side of properties otherwise abutting on a street. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Alter” means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Domestic. “Domestic animal” is a small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, duck, goose, pea fowl, goat, sheep, hog, or the like.
B. Exotic. “Exotic animal” is a wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.
C. Large. “Large animal” is an adult animal larger than three and one-half feet in height or 250 pounds. This term includes horse, cow, and any other mammal customarily kept in a pen, corral or stable.
D. Small. “Small animal” is an animal no larger than three and one-half feet in height or 250 pounds. This term includes fish, bird, and any mammal customarily kept as a domestic pet within a dwelling unit. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Antenna” means the arrangement of wires, poles, rods or other devices used for the transmission or reception of electromagnetic waves.
A. Height. “Antenna height” is the overall vertical length of the antenna system above grade. If the antenna system is located on a building, the overall vertical length also includes the height of the building above grade level at the point upon which the antenna system is mounted. If the antenna system includes a collapsible support structure, the overall vertical length is measured with the antenna support structure fully extended.
B. Microwave Receiving. “Microwave receiving antenna” is a dish-shaped device designed to receive signals transmitted from ground-mounted transmitters.
C. Satellite. “Satellite antenna” is a dish-shaped device designed to receive television signals transmitted from orbiting satellites.
D. Support Structure. “Antenna support structure” is a structure, mast, pole, tripod, or tower, together with any stabilizing guy wires or tensioned cables, that is used for the purpose of supporting an antenna.
E. System. “Antenna system” is the combination of the antenna and any antenna support structure. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Apartment” is a multifamily dwelling under single ownership. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Automobile” means a self-propelled, motorized vehicle used, or intended to be used, for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks. This definition includes a motorcycle, light truck or van with a gross vehicle weight of 15,000 or fewer pounds. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Balcony” is a platform that projects from a wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Blockface” means the property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse or city boundary. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Boardinghouse” is a building and use with the following characteristics:
A. The building, or rooms in the building, are rented to three or more individuals who are not in exclusive possession of the building;
B. The building has only one kitchen; and
C. A meal is regularly provided or available to the renters for a fee, whether that fee is included in or separate from the rental payment, and whether the fee is paid individually or collectively by all renters.
Boardinghouse includes the term “rooming-house.” A roominghouse has the same characteristics, except that no meals are provided or available. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Building” means a structure having a roof supported by columns or walls for the housing or enclosure of a person, animal, chattel, or property of any kind. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Caretaker’s quarters” means a dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Carport” means a permanently roofed structure with one or more open sides for the parking or temporary storage of automobiles. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Collection facility” is a building, structure or facility used for the acceptance by donation, redemption or purchase of recyclable material from the public and which, except for a reverse vending machine and as may be allowed for a large recycling facility, does not use power-driven processing equipment. Collection facility includes, but is not limited to, a mobile recycling unit, a kiosk type unit which may include a permanent structure, unattended containers placed for the donation of recyclable material, and bulk reverse vending machine. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 1060 § 3, 1993; Ord. 979 § 2 (Exh. A), 1990.]
“Community noise equivalent level (CNEL)” means the average noise level during a 24-hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours. This definition includes the term “Ldn” (average day-night noise level). [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Conditionally permitted” means a use permitted subject to approval with conditions. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Condominium” is a dwelling unit within a multifamily dwelling or duplex or an individual unit or space within a commercial or industrial building or complex, and that is under single ownership. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Courtyard” is an open, unoccupied area, other than a yard, on the same site as a structure and bounded on two or more sides by a structure. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“dBA” is a number in decibels read from a sound level meter with the meter switched to the weighted scale “A.” The number is an approximate measurement of the relative noisiness or annoyance level of common sounds. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Deck” is a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also PMC 18.06.180, Balcony). [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Density bonus” means a density increase of at least 10 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer, pursuant to Government Code Section 65915(g). [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Distribution line” is an electric power line bringing power from a distribution substation to a consumer. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“District” means a portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this title. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Driveway” means the way or means of vehicular access from that portion of a street used for vehicular travel to the parking, loading, or other vehicular activity on the adjacent property, including the portion of the sidewalk lying within said way or means of access. [Ord. 23-1509 § 3, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Duplex” is a building on a single lot designed exclusively for occupancy by two families living independently of each other. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Dwelling” is a building designed exclusively for residential occupancy, including single-family, duplex, and multifamily, but not including a hotel, motel, or boardinghouse.
A. Attached Single-Family. “Attached single-family dwelling” is a dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots.
B. Detached Single-Family. “Detached single-family dwelling” is a dwelling unit on an individual lot that does not share any common wall with another dwelling unit on a separate lot.
C. Multifamily. “Multifamily dwelling” is a building used and designed as a residence for three or more families living independently of each other with an individual kitchen for each.
D. Single-Family. “Single-family dwelling” is a building designed exclusively for occupancy by one family.
E. Unit. “Dwelling unit” is one or more habitable rooms designed for occupancy by only one family for living, sleeping and sanitary purposes, and having a kitchen. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Eligible household” means a household whose household income does not exceed the maximum specified in this title for a given affordable unit. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Live entertainment” means any of the following activities on the site of a use other than a public or semipublic use:
A. A comedy act, dramatic play, poetry reading, theatrical or dance recital or similar entertainment performed by one or more persons, regardless of whether performers are compensated;
B. A vocal, choral, instrumental, orchestral or similar musical concert performed by a person, symphony or band, including a set of recorded music played by a disc jockey;
C. Any form of dancing by patrons or guests at a business establishment;
D. A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Extremely low-income household” means a person or family whose income does not exceed 30 percent of area median income, adjusted for household size, as established by California Health and Safety Code Section 50106, as amended from time to time. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Extremely low-income renter unit” means a dwelling unit that is reserved at an affordable rent for extremely low-income households. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Family” means one or more persons, including any resident servant, who occupy a dwelling unit and live as a single housekeeping unit, as distinguished from a group occupying a hotel, club, shelter, fraternity or sorority house. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Fence” is a barrier made of wire, wood, metal, masonry, plants or other material used as a screen or enclosure for a yard or open space. It includes a wall, gate, dense hedge or structure used as a fence. A retaining wall, freestanding sign, or landscape structure is not considered a fence except for that portion which is used as a fence. [Ord. 23-1509 § 4, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Gross. “Gross floor area” means the total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space less than six feet in height, area used exclusively for vehicle parking or loading, breezeway, vaulted attic without floor, and a porch, deck, balcony or terrace that is not enclosed more than 75 percent by walls.
B. Rentable. “Rentable floor area” means the total area on all floors as measured to the inside surface of interior wall, excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and open porch, deck, balcony, or terrace. It also excludes any corridor, hallway or stairs used to provide access to different offices, businesses or apartments and excludes any elevator shaft, lavatory, flue, janitor’s storage closet, heating and air conditioning equipment room, and other similar space generally used by all occupants of a building rather than by an individual occupant. [Ord. 23-1509 § 5, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Floor area ratio (FAR)” is the gross floor area of a building on a lot divided by the net lot area. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Food pantry” means a use where free food and beverage items, excluding alcohol, are distributed to the public at any frequency more than three times per year, with no on-site consumption. [Ord. 21-1498 § 2, 2021.]
“Private garage” is a detached accessory building or portion of a main building on the same lot as the dwelling for the parking or temporary storage of an automobile belonging to the occupant of the dwelling. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“General plan” is the city general plan with amendments. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Existing. “Existing grade” is the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this title.
B. Finished. “Finished grade” means:
1. Natural grade exterior to all buildings or structures created by any proposed development for all other circumstances not set forth in subsection (B)(2) of this section;
2. A revised grade exterior to all buildings or structures created by any proposed development where the revised grade is achieved under a city grading permit, subdivision approval, or conditional use permit or other special zoning approval, or through officially approved work in a public right-of-way.
C. Street. “Street grade” is the top of the curb or the top of the edge of the pavement or traveled way where no curb exists. [Ord. 23-1509 § 6, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Hedge” is a barrier formed by bushes, shrubs, or trees growing close together in a line so as to be used as a screen or enclosure for a yard or open space. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Height” means the vertical distance of any structure, building, fence, sign, retaining wall, or other facility measured from any point on top of the facility to a line directly below which meets finished grade on the outside perimeter of the facility, or intersects with a perpendicular plane connecting opposite points of finished grade at the outside perimeter of the facility.
1. The height of any portion of a facility within six feet of a retaining wall shall be measured from finished grade at the perimeter of the facility or at the base of the retaining wall, whichever is lower, subject to the following exceptions:
a. The height of any fence separated by a distance of at least 18 inches from the inside face of a retaining wall shall be measured from finished grade at the base of the fence.
b. The height of any facility abutting a light well, depressed landing, or similar facility that extends entirely below surrounding finished grade and no more than five feet from the perimeter of the abutting facility shall be measured from the surrounding finished grade at the outside perimeter of the facility, not including the light well, depressed landing, or similar facility. [Ord. 23-1509 § 7, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Home occupation” is a commercial enterprise conducted in a dwelling unit, garage, accessory building, or on a parcel in a residential district that is incidental to the principal residential use. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Household income” shall mean the combined adjusted gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor. [Ord. 07-1284 § 3 (Exh. B), 2007.]
A. Direct. “Direct illumination” is illumination by means of light that travels directly from its source to the viewer’s eye.
B. Indirect. “Indirect illumination” is illumination by means of light cast upon an opaque surface from a concealed source. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Kitchen” is an area in a structure with cooking facilities, that typically includes a sink, refrigerator, and cooktop, oven or range, and that may include other appliances such as a microwave oven or dishwasher. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Landscape” means to plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, artwork, screens, walls, fences or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lot” is a site or parcel of land under single ownership that has been legally subdivided, resubdivided, or combined. Lot for the purpose of application of this title also includes parcel and site.
A. Corner. “Corner lot” is a site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees.
B. Double-Frontage. “Double-frontage lot” is an interior lot fronting on more than one street. Each frontage from which access is permitted is considered a front lot line.
C. Flag. “Flag lot” is a lot so shaped and designed that the main building-site area does not have street frontage, but is connected to the street by a strip of land that is used for access purposes.
D. Interior. “Interior lot” is a lot other than a corner lot.
E. Key. “Key lot” is the first interior lot to the rear of a reversed corner lot.
F. Reversed Corner. “Reversed corner lot” is a corner lot, the corner side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lot area” means the horizontal area within the property lines excluding access corridors, alleys, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.06.395.]
“Lot coverage” means the percentage of a lot or site that is covered by a roof, soffit, trellis, eave or overhang extending more than two and one-half feet from a wall and by a deck more than 30 inches in height. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.06.240.]
“Lot depth” is the horizontal distance between the midpoints of the front and rear lot lines, measured in the mean direction, and equidistant from opposite segments of the side lot lines so that perpendicular lines drawn at any section of the lot depth line intersects opposite sides of the side lot lines at the same angle. [Ord. 23-1509 § 8, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.06.405.]
“Lot line” is the line bounding a lot as defined in this title.
A. Corner Side. “Corner side lot line” is a street line that adjoins the corner side yard of a lot.
B. Front. “Front lot line” is a street line that adjoins the front yard of a lot. The front lot line of a corner lot is the shortest street line. If the street lines are the same length, any one may be considered the front lot line.
C. Interior. “Interior lot line” is a lot line not abutting a street.
D. Rear. “Rear lot line” is a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. For the purpose of measuring lot depth, where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, is considered the rear lot line.
E. Side. “Side lot line” is any lot line that is not a front lot line or a rear lot line. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lot width” is the horizontal distance between the lot lines of a site, measured at right angles to the lot depth at the rear of a required front yard. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990. Formerly 18.06.465.]
“Low-density owner project” means a residential project, or portion thereof, intended to be sold to owner-occupants upon completion, and constructed in a low-density residential or hillside low-density residential land use area as designated in the city of Pittsburg general plan. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Lower-income household” means a person or family whose income does not exceed 80 percent of area median income, adjusted for household size, pursuant to California Health and Safety Code Section 50079.5, as amended from time to time. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lower-income owner unit” means a dwelling unit in a residential project that is reserved for purchase at construction completion at an affordable ownership price for a lower-income household. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Lower-income renter unit” means a dwelling unit in a residential project that is reserved at an affordable rent for a lower-income household. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Manufactured home” is a prefabricated or factory-built structure certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 that is attached to a permanent foundation and is used as a dwelling unit. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Market rate unit” means a dwelling unit in a residential project that is not an affordable unit. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Mobile home” is a trailer or prefabricated structure that is used as a permanent dwelling unit, is connected to utilities and is designed without a permanent foundation. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Mobile home park” is a site or subdivision used for the accommodation of mobile homes where mobile home lots or spaces are rented or held out for rent. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Moderate-income household” means a person or family whose income does not exceed 120 percent of area median income, adjusted for household size, as established pursuant to California Health and Safety Code Section 50093, as amended from time to time. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Moderate-income owner unit” means a dwelling unit in a residential project that is reserved for purchase at construction completion at an affordable ownership price for a moderate-income household. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Municipal code” is the municipal code of the city. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Lot. “Nonconforming lot” is a lot that was lawfully subdivided or established, but that does not conform to the minimum site area or site width prescribed in the regulations for the district in which the lot is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.
B. Structure or Building. “Nonconforming structure or building” is a structure or building or portion of that was lawfully constructed, but that does not conform to the maximum height, lot coverage, FAR, or minimum yard requirements, by reason of adoption or amendment of this title or by reason of annexation of territory to the city.
C. Use. “Nonconforming use” is a use of a structure or land that was lawfully established and maintained, but that does not conform to the use regulations or required conditions for the district in which it is located including density and parking regulations, by reason of adoption or amendment of this title or by reason of annexation of territory to the city. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Off-street loading facility” means that portion of a site devoted to the loading or unloading of a motor vehicle or trailer, including a loading berth, aisle, access drive, and landscaped area. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Off-street parking facility” means that portion of a site devoted to the off-street parking of a motor vehicle, including a parking space, aisle, driveway ramp, and landscaped area. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Private open space” is an open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of the resident of the dwelling unit and guest. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Common open space” is an open area within a residential development reserved for the exclusive use of the residents of the development and guests. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Owner project” means a residential project, or portion thereof, which is intended to be sold to owner-occupants upon completion and is not a low-density owner project. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Parcel” is a recorded property under single ownership. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
See PMC 18.06.520, Off-street parking facility. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Automobile parking space” is a paved, accessible and usable space within a building or open off-street parking facility for the parking of an automobile, exclusive of driveway, aisle, ramp, columns or office and work area. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Covered parking space” is a carport or garage. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Paved” shall mean contiguously covered with asphaltic concrete, portland cement concrete (PCC), interlocking pavers installed atop an aggregate base and in accordance with manufacturer’s recommendations, or other similar surface material. Areas of compacted earth, reinforced with a soil reinforcing fabric, a weed preventing fabric, and covered with decorative rock will also be defined as paved. [Ord. 07-1294 § 3, 2007.]
“Permitted” means allowed without a requirement for approval of a use permit, design review, variance, or other discretionary application. [Ord. 23-1509 § 9, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Porch” is a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Preexisting” means existing before April 19, 1990. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Prezoning” means the zoning district classification as prescribed by this title that has been designated for a site before annexation to the city. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Project” means any proposal for new or changed use, or for new construction, alteration, or enlargement of a structure that is regulated by this title. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
See PMC 18.06.430, Lot line. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Property owner” is a person holding ownership of a lot, parcel, or site regulated by this title. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Planned unit development (PUD)” means residential buildings where the entire site is planned in such a manner that the various dwelling units, either attached or detached, are arranged in groups or clusters on those portions of the site most conducive to development, designed in such a manner that each dwelling unit may be sold separately from all other dwelling units, and where each owner of a dwelling unit also owns an interest in any recreation facility, parking facility, landscaped or natural open space, along with any other appurtenant facility. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Recyclable material” means reusable material, including, but not limited to, metal, glass, plastic and paper, which is intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. The city may expand the list of recyclable material by city council resolution. Recyclable material does not include refuse or hazardous material. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 1060 § 4, 1993.]
“Rental project” means a residential project, or portion thereof, which is intended to be rented to tenants upon completion. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Resident” is a person who occupies a dwelling as a home on a permanent basis, and has no other permanent place of residence. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Senior citizen” is a person 55 years of age or older. This definition includes the term “qualifying resident” described in California Civil Code Section 51.3. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Single ownership” means holding record title, possession under a contract to purchase, or possession under a lease, by a person individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Site” is a lot, or group of contiguous lots or parcels, not divided by an alley, street, other right-of-way or city limit, that is proposed for development under this title, and is in a single ownership. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Shopping center” is a complex consisting of primarily a one-story or two-story building containing not less than four independently operated stores or shops developed under one comprehensive plan where the ground floor stores have access directly to a sidewalk or parking lot, and where all stores are served by a common parking lot. The recording of a condominium subdivision map does not affect the status of a shopping center. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Smoke” means the gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts. The term “smoke” includes but is not limited to tobacco smoke and electronic cigarette vapors. The term “smoke” does not include the product of combustion of incense or similar products which do not contain tobacco or nicotine, when used solely for olfactory purposes. [Ord. 16-1419 § 4, 2016.]
“Specific plan” is a plan for a defined area authorized by law that is consistent with the general plan. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Specified anatomical areas” means human genitals (pubic region), buttocks, or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernible turgid state, even if completely and opaquely covered. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Specified sexual activities” means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Story” means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above it or, if no floor above it, the space between a floor and the ceiling next above it. A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is no ceiling, to the top of the roof rafters.
A story containing one or more mezzanines has more than one floor level. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, the basement or unused under-floor space shall be considered as a story; provided, that the following shall not be deemed a story:
A. A basement or cellar if the height from finished grade at the exterior perimeter of the building to the finish floor elevation above is six feet or less for at least 50 percent of the perimeter and does not exceed 12 feet above grade at any point;
B. An attic or similar space under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such space. [Ord. 23-1509 § 10, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Street” is a public or private place of passage including a right-of-way easement which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, other thoroughfare, and court, but excluding an alley. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Street line” is the boundary between a street and property. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Future street line” is an established line from which the minimum front or street side yard is measured. If no specific future street is established, the future street line is the adjacent existing right-of-way of an abutting public or private street, roadway, or easement. A future street line is established to provide for future street widening or construction, delineating the area open, or to be open, to public use. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Structure” is anything constructed or erected that requires a location on the ground, including a building or a swimming pool but not including:
A. A fence or a wall used as a fence if the height does not exceed six feet;
B. Access drive or walk;
C. Deck under 30 inches from finished grade; or
D. Retaining wall under three feet in height, unless supporting a surcharge or impounding Class I, II or III-A liquids. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Structural alteration” is any change in the supporting members of a structure or building, such as bearing wall, column, beam or girder. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. Accessory. “Accessory structure or building” is a detached subordinate structure located on the same site as the main building. Where a substantial part of the wall of a subordinate structure is a part of the main building, or where a subordinate structure is attached to the main building in a substantial manner by a roof, the subordinate structure is considered a part of the main building and is not an accessory structure or building.
B. Main. “Main building or structure” is a structure housing the principal use of a site or functioning as the principal use. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Subdivision” is a site divided and recorded for the purpose of sale, lease or financing of individual lots or parcels. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Substation” is a subsidiary electrical transmitting facility in which electric current is transferred from power lines and distributed to local consumers. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Swimming pool, spa and hot tub” is a water-filled enclosure having a depth of 18 inches or more used for swimming or recreation. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Transmission line” is an electric power line bringing power to a receiving or distribution substation. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Mature tree” is a tree with a diameter of at least four inches, measured four feet above existing grade. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Unsightly object” includes an appliance, discarded material, part or all of a disabled vehicle, machinery or mechanical apparatus, metal, material or merchandise. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Use” means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or a structure is or may be occupied or maintained. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Accessory use” is a use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Used” includes arranged, designed, constructed, altered, rented, leased, sold, occupied, or intended to be occupied. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Very low-income household” is a person or family whose income does not exceed 50 percent of area median income, adjusted for household size, as established by California Health and Safety Code Section 50105, as amended from time to time. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Very low-income owner unit” is a dwelling unit that is reserved for purchase at construction completion at an affordable ownership price for a very low-income household. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Very low-income renter unit” is a dwelling unit that is offered at an affordable rent for a very low-income household. [Ord. 07-1284 § 3 (Exh. B), 2007.]
“Visible” means noticeable by a person six feet in height walking on a street or sidewalk two years after installation of any planting intended to screen a view. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
“Yard” is an open area, other than a court, on the same site as a structure, unoccupied and unobstructed by a structure from the ground upward except for landscaping. In measuring a yard, the “line of a building” means a line parallel to the nearest lot line drawn through the point of a building or the point of a dwelling group nearest such lot line.
A. Corner Side. “Corner side yard” is a yard between the corner side lot line and the nearest line of the building and extending from the front yard to the rear lot line.
B. Front. “Front yard” is a yard extending across the full width of the lot between the front lot line and the nearest line of the building. If a future street line is established for the street upon which the lot abuts, the measurement is taken from the future street line to the nearest line of the building.
C. Rear. “Rear yard” is a yard extending across the full width of the lot (except on a corner lot) between the most rear main building wall and the rear lot line. The depth of a required rear yard is measured perpendicular to the rear lot line toward the nearest part of a main building.
D. Side. “Side yard” is a yard between the side lot line and the nearest line of the building and extending from the front yard to the rear yard. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A use classification describes a use but does not list every activity that may appropriately be included within that use classification. The zoning administrator may determine that a specific use is not within a use classification, whether or not it is named, if its characteristics are substantially incompatible with those uses named within the classification. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
A. The zoning administrator may determine whether a specific use is within a use classification or not within a use classification.
B. An activity carried out as a part of a specific use which is incidental to that use but not identified in the use classification may be conducted only as otherwise allowed within the zoning district in which the use is located.
C. A new use, or a use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a zoning ordinance text amendment, as provided in Chapter 18.48 PMC. [Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
Article II. Residential Uses
A. Congregate Care Residential. A building on a site designed and typically devoted to housing persons of impaired physical or mental capacities such as the frail elderly or the handicapped, and offering limited 24-hour nonmedical care. The facility contains small individual dwelling units of usually only one or two rooms with a small kitchen allowing for independent living but also provides common dining, recreational and social facilities, and minimal convenience services such as housekeeping and transportation.
B. Day Care Home. A residence within which an occupant of the residence provides care for adults or children on a less than 24-hour basis. This classification includes only those facilities that are licensed by the state of California.
1. Small. “Small day care home” is a residence used for the temporary care of six or fewer adults, or a residence used for the temporary care of eight or fewer children that is a small family day care home pursuant to Chapter 3.4 of Division 2 of the California Health and Safety Code, as amended from time to time.
2. Large. “Large day care home” is a residence used for the temporary care of seven to 14 adults, or a residence used for the temporary care of 14 or fewer children that is a large family day care home pursuant to Chapter 3.4 of Division 2 of the California Health and Safety Code, as amended from time to time.
C. Duplex Residential. A building containing two dwelling units on a single lot. This classification includes mobile home and manufactured housing, but excludes a single-family residence with an accessory dwelling unit as defined by PMC 18.08.140.
D. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouse, dormitory, fraternity, sorority, convent, and private residential club.
E. Multifamily Residential. Two or more dwelling units on a site. This classification includes mobile homes, manufactured housing, planned unit development, apartments under single ownership, and condominiums wherein the airspace of each dwelling unit on the site is individually owned.
F. Residential Care, Limited. Twenty-four-hour nonmedical care for six or fewer persons in need of personal services, counseling, supervision, protection, or assistance essential for sustaining the activities of daily living. Facilities typically include foster homes, group homes and assisted living services with shared kitchen and dining facilities. This classification includes only those services and facilities licensed by the state of California.
G. Single-Family Residential. A building containing one dwelling unit located on a single lot regardless of lot size. This classification includes mobile home, manufactured housing, and a single-family residence with an accessory dwelling unit (ADU).
1. Attached. Single-family residential type or single-family with an accessory dwelling unit (ADU) wherein the primary residential structure and/or ADU is separated from the adjacent primary residential structure located on an adjacent lot by a party wall built on a shared property line and has no primary residential units constructed above or below it.
2. Detached. Single-family residential type or single-family with an accessory dwelling unit (ADU) wherein each primary residence and/or ADU is a stand-alone structure that does not share any common walls with another primary residential unit or ADU.
H. Supportive Housing. Multifamily residential facility in which there is no limit on length of stay; that is occupied by a target population; and, that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving the resident’s health status, and maximizing the resident’s ability to live and, when possible, work in the community.1
I. Transitional Housing. Multifamily residential facility that is designed to assist persons in obtaining skills necessary for independent living in permanent housing, and that has all of the following components:
1. Support services programs that include regular individualized case management services and may include alcohol and drug abuse counseling, self-improvement education, employment and training assistance services and independent living skills development.
2. Use of a dwelling unit by a resident in a structured living environment, which use is conditioned upon compliance with the transitional housing program rules and regulations.
3. A rule or regulation which specifies an occupancy period of no fewer than 30 days and no more than 24 consecutive months. [Ord. 23-1509 § 11, 2023; Ord. 09-1322 § 3, 2009; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
Article III. Governmental and Quasipublic Uses
A. Cemetery. Burial grounds for the interment of the dead. This classification includes columbarium and mausoleum but does not include crematory or mortuary.
B. Club and Lodge. Meeting, recreational, or social facility of a private or nonprofit organization primarily for use by members or guests. This classification includes union hall, social club, youth center, and bingo hall as governed by Chapter 5.22 PMC.
C. College, Public or Private. Institution of higher education providing curriculum of a general, religious, or professional nature and that typically grants recognized degrees.
D. Convalescent Facility. An establishment providing care on a 24-hour basis for seven or more persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.
E. Cultural Institution. Nonprofit institution displaying or preserving objects of interest in the arts or sciences. This classification includes library, museum, and art gallery.
F. Day Care, General. Nonresidential facility providing nonmedical care and protection for individuals on a less than 24-hour basis. This classification includes nursery school, preschool, and day care center for children or adults, but does not include large or small day care home.
G. Detention Facility. Publicly owned and operated facility providing housing, care, and supervision for persons confined by law.
H. Disposal Facility. A facility that involves any placement of waste (including without limitation hazardous waste as defined in PMC 18.84.455) in or on the land. A sanitary landfill is a disposal facility.
I. Emergency Shelter. Pursuant to Health and Safety Code Section 50801(e), “emergency shelter” shall be defined as housing with minimal supportive services for homeless persons that is limited to occupancy of six or fewer months by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
J. Government Office. Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.
K. Hazardous Waste Facility. All contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, and includes an expansion of a hazardous waste facility.
1. Land Disposal Facility. Facility that involves any placement of hazardous waste in or on the land. (Health and Safety Code Section 25179.2(c).)
2. On-Site Facility. Facility at which a hazardous waste is produced and which is owned by, leased to, or under the control of the producer of the waste. (Health and Safety Code Section 25117.12.)
3. Residual Repository. Disposal facility that accepts only the solid residues resulting from the treatment of hazardous wastes in accordance with standards established pursuant to Health and Safety Code Section 25179.6, or that accepts hazardous organic waste that is stabilized, solidified or encapsulated.
4. Single-User Off-Site Facility. Off-site facility (see Health and Safety Code Section 25117.11) that serves only one producer. A single-user off-site facility may accept waste from more than one location, provided each location is owned by, leased to or under the control of the same producer.
5. Specified Hazardous Waste Facility. Off-site facility (see Health and Safety Code Section 25117.11) that serves more than one producer of hazardous waste. (Health and Safety Code Section 25199.1(m).)
6. Transfer Facility. Off-site facility that is related to the transportation of hazardous waste, including, but not limited to, loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation. (Health and Safety Code Section 25123.3(a)(3).)
L. Heliport. Pad and related facilities for takeoffs and landings by helicopter.
M. Hospital. Facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees.
N. Maintenance and Service Facility. Facility providing maintenance and repair services for public and utility vehicles and equipment, and materials storage areas. This classification includes corporation yard, equipment service center, and similar facility.
O. Military Installation. Facility for housing and maintaining federal or state military operations.
P. Park and Recreation Facility. Playground, tot lot, linear park, bicycle or pedestrian path or trail, sports field, athletic court, public garden and similar areas available for use for recreational purposes, excluding a facility used for commercial recreation and entertainment.
Q. Public Parking Facility. Off-street parking facility, including surface parking or parking structure, for the temporary parking of automobiles by the general public.
R. Public Safety Facility. Facility for public safety and emergency services, including police and fire protection and emergency ambulance service.
S. Public Transit Terminal. Public or publicly regulated facility for passenger transit service and operations. This includes rapid transit station, passenger train depot, bus or ferry terminal, and park-and-ride lot.
T. Religious Assembly. Facility for religious worship and incidental religious education, but not including private school.
U. Residential Care, Protective. Twenty-four-hour nonmedical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the state.
V. School, Public or Private. Education institution, attendance at which satisfies the compulsory education laws of the state.
W. Utility, Major. Power generating plant, substation, refuse collection facility, water reservoir, water or wastewater treatment plant, or similar facility of a public agency or public utility, but not including any city facility. A structure that may have a significant effect on surrounding uses is regulated under this classification.
X. Utility, Minor. Public utility that is necessary to support legally established uses and involves only minor facilities or structures such as drainage channel, aqueduct, small sewer or water pump station or substation, aboveground distribution or transmission lines including service for telephone or cable television, or underground water, sewer, drainage, gas, electricity, telephone, or related utility lines.
Y. Wireless Telecommunications Facility. Facility that transmits or receives electromagnetic signals for cellular phone technology, personal communication services, enhanced specialized mobile services and paging systems. Such facilities include antennas and related equipment used in the transmission or receipt of communication signals, such as towers, poles or similar support structures, and equipment cabinets or buildings. This classification excludes radio towers and television towers.
Z. Yacht Club. Private social club which may include a club house, private berthing for club members, tie-up visitor docking, on-site parking for automobiles and boat trailers, and dry storage for members’ boats. This classification excludes facilities offering berthing or storage of boats for commercial purposes. [Ord. 12-1356 § 3, 2012; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 1026 §§ 3 and 4, 1991; Ord. 979 § 2 (Exh. A), 1990.]
Article IV. Commercial Uses
1. Adult Businesses. A business based primarily upon materials or performances that depict, describe, or relate to “specified sexual activities” or “specified anatomical areas,” as defined in Chapter 18.06 PMC, Article II.
2. Ambulance Services. Nonpublic emergency and nonemergency medical care and transportation, including incidental storage and maintenance of vehicles.
3. Animals Sales and Services.
a. Animal Boarding. Shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, adoption, obedience and assistance training, grooming, and incidental medical care.
b. Animal Grooming. Bathing and trimming services for small animals on a commercial basis.
c. Animal Hospital. Establishment where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary boarding of animals is included if incidental to the hospital use.
d. Animals – Retail Sales. Retail sales of small animals which take place within an entirely enclosed building. This classification includes activities such as feeding, exercising, obedience and assistance training, and grooming, if these activities occur within the building and are incidental to the retail use.
4. Artist Studio. Work space for artists and artisans, including an individual practicing one of the fine arts, or skilled in an applied art or craft.
5. Bakery, Commercial. Establishment in which baked food products (such as bread and pastry) are made primarily for wholesale distribution but which may also provide retail sales.
6. Bank and Savings and Loan. Financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.
a. ATM. Automatic teller machine (ATM) on the exterior of a building for direct pedestrian access.
7. Campground. A site with two or more campsites for temporary use by campers, vacationers, and travelers occupying tents and recreational vehicles, and that may include permanent structures on-site for use as offices, restrooms, and similar ancillary facilities.
8. Cannabis Delivery. Consistent with state law, a facility or business that holds a valid and appropriate state license and conducts the retail sale of cannabis or cannabis products via delivery service to the end user. Cannabis delivery includes both storefront retail businesses open to the public and engaged in the delivery of cannabis or cannabis products, as well as nonstorefront cannabis businesses with a physical location in the city that sell and deliver cannabis or cannabis products to customers without a premises that is open to the public. This definition excludes cannabis microbusiness.
9. Cannabis Retail. Consistent with state law, a facility or business that holds a valid state license and conducts the retail sale of cannabis or cannabis products. This definition excludes cannabis microbusiness.
10. Commercial Filming and Communications. Facility providing for the creation, broadcasting or recording of motion pictures, digital imaging, video photography, or other communication service. These facilities offer post-production, editing and reproduction services, and may include appurtenant structures necessary to support one or more reception/transmission systems, such as radio or television towers. This classification includes film, radio, television or recording studio; telephone switching center; and Internet broadcasting, telegraph or cable television transmitting office.
11. Commercial Recreation and Entertainment. Business providing participant or spectator recreation, entertainment, or sports activities. Under no circumstance, as a primary, permitted, or accessory use, shall any commercial recreation and entertainment use be allowed to operate simulated gambling devices as defined in Chapter 9.26 PMC.
a. Within Building. This classification includes movie or live performing arts theater, sports arena, bowling alley, billiard parlor, ice/roller skating rink, scale-model course, shooting gallery, tennis/racquetball court, health/fitness club and gym, game center including pinball arcade or establishment having four or more coin operated electronic or mechanical game machines, cardroom as governed by Chapter 5.24 PMC or facility used for bingo games.
b. Outdoor Facility. This classification includes movie or live performing arts theater, sports stadium and arena, athletic field, amusement park, golf, miniature golf, or scale-model course, radio-operated airplane field, tennis/racquetball or basketball court, waterslide and plunge, or target shooting, batting, or golf driving range.
c. Limited. Indoor movie or live performing arts theater, health or fitness club or gym, or tennis/racquetball court.
12. Drive-Through Retail or Service. Establishment providing goods or services from a building through an outdoor service window to customers who remain in their automobiles. Uses in this classification include fast-food restaurants, grocery stores, pharmacies, dry cleaners, and retail banks with drive-through window service. Establishments engaged in the retail sale of gasoline or motor fuel, or that offer automotive oil changes or other vehicle services are classified under vehicle sales and services.
13. Eating and Drinking Establishment. Business serving prepared or cooked meals or beverages.
a. Food Shop. Establishment engaged in the sale of primarily ready-to-eat food and beverage items. This classification includes cookie and candy store, ice cream and yogurt shop, retail bakery, coffee or tea cafe, and donut or sandwich shop.
b. Restaurant, Full-Service. Establishment at which meals are cooked on the premises, and at which an employee takes menu orders from and serves meals to diners who are seated at a table, booth, or counter, either inside or outside a building. This classification includes cafeterias where food items are displayed and selected by diners from a counter or serving line from which they carry their meals to a table or booth for on-site consumption.
c. Restaurant, Self-Service. Establishment at which meals are cooked on the premises and at which customers place and receive menu orders at a window or counter either inside or outside a building and take the food for consumption on or off the site.
d. Restaurant, Take-Out. Establishment at which meals are cooked on the premises and from which menu orders are picked up by customers for consumption primarily off the premises. An establishment at which over 20 percent of the gross floor area is devoted to on-site dining is classified as a self-service restaurant.
e. Restaurant with Drive-In Service. Restaurant providing service to customers by an employee while the diner remains in the automobile.
f. Restaurant with Full Alcoholic Service. Restaurant serving alcoholic beverages in addition to beer and wine.
g. Restaurant with Outdoor Dining. Establishment in which food and beverages are prepared within the restaurant building, but which offers patrons tables and seating immediately outside of the building for consumption of food or beverages.
h. Restaurant or Alcoholic Beverage Establishment with Live Entertainment. Establishment offering live entertainment.
i. Alcoholic Beverage Establishment. Establishment such as a cocktail lounge and bar, at which alcoholic beverages, including beer and wine, are served for on-site consumption. The service of food, such as appetizers and/or light meals, incidental to beverage service shall be required throughout all operating hours.
14. Food and Beverage Sales. Retail sales of food and beverages for primarily off-site preparation or consumption.
a. Grocery. This classification includes a supermarket or convenience store that sells general merchandise incidental to food and beverages.
b. Liquor Store. Establishment engaged in the sale of alcoholic beverages for off-site consumption and incidental sale of general merchandise.
c. Specialty Food Market. Establishment engaged in the sale of limited food items or product lines. This classification includes food pantry, butcher shop, dry coffee or tea store, and meat or produce market.
d. Catering Service. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pick-up or consumption of food by customers.
15. Funeral and Interment Service. Establishment primarily engaged in services involving the care, preparation or disposition of human dead other than in a cemetery. Typical uses include crematory or mortuary.
16. Horticulture, Limited. Cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs on a wholesale basis with incidental retail sales and where no other garden, nursery or landscape merchandise is sold or stored on the site.
17. Laboratory, Limited. Establishment providing medical or dental laboratory services or establishment with less than 2,000 square feet providing photographic, analytical, or testing service. Other laboratories are classified as industrial services, laboratory.
18. Maintenance and Repair Service. Establishment providing on-site repair and incidental sales of supplies for appliances, office machines, tools, or garden equipment within an enclosed building. This classification includes establishments offering furniture upholstery, refinishing and repair services, but excludes establishments engaged in maintenance and repair of vehicles (see automobile and recreational vehicle repair), boats or ships (see industrial services, boatyard), or industrial repair (see industrial services, repair/jobbing services).
19. Marine Facilities and Services.
a. Boat and Marine Vessel Sales and Rental. Establishment engaged in the retail sale or rental of small boats, personal motorized water skis, and similar recreational or commercial watercraft. Uses in this category may also parts and supplies accessory to watercraft and may conduct incidental repairs and maintenance of boats and watercraft for sale. Typical uses include chandlery, yacht brokerage and sales.
b. Boat and Marine Vessel Storage. Terrestrial facility or yard used for the exclusive storage of personal motorized water skis, kayaks, motor or sailboats and similar recreational or small commercial watercraft.
c. Marina. Boat basin with docks, boathouses and mooring facilities intended for docking of small boats used for recreation, commercial fishing, commuter ferry, or charter, tour and excursion services. This classification includes the incidental maintenance of boats and equipment, and facilities for the incidental sale of fuel, navigational equipment, and boating supplies.
20. Massage Establishment. An establishment where any person engages in or carries on massage in exchange for any form of consideration, whether at a fixed place of business or at a location designated by a customer or client for off-premises massage services. The term “massage establishment” includes a sole owner and employee of a massage business operating as a sole proprietorship. Refer to Chapter 5.64 PMC for additional definitions related to massage establishments.
21. Medical Services Office. Offices of state-licensed firms or organizations that provide human physical and psychological health services and resources, such as physicians, dentists, chiropractors, physical therapists, psychiatrists, psychologists, counseling and family planning services, optometrists, or acupuncturists. This classification includes only those facilities intended for outpatient medical services, and may include medical/dental laboratory incidental to the office use.
22. Office, Business and Administrative. Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, secretarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices where no medical services are provided, but excludes retail banking services and medical offices. Under no circumstance, as a primary, permitted, or accessory use, shall any business and administrative office use be allowed to operate simulated gambling devices as defined in Chapter 9.26 PMC.
23. Personal Improvement Services. Provision of instructional services on a commercial basis, including photography, fine arts, crafts, dance, music or martial arts studio; driving or language-learning school; diet center; and tutoring or scholastic examination preparation facility. Facilities that are engaged in the instruction of technical or vocational skills are classified under school, commercial.
24. Personal Services. Provision of services and incidental sales of a personal nature. This classification includes barber and beauty shop, tanning salon, watch and jewelry repair, engraver, picture framing, seamstress, tailor, shoe repair shop, dry cleaner, locksmith, portrait studio, film developing, self-service laundry, bicycle repair, tattoo and piercing, and home electronic equipment repair.
25. Printing and Publishing Services. Establishment containing equipment for duplicating printed or electronic matter other than as an incidental activity. Under no circumstance, as a primary, permitted, or accessory use, shall any printing and publishing services be allowed to operate simulated gambling devices as defined in Chapter 9.26 PMC.
a. Commercial. Establishment utilizing lithography, blueprinting, or offset presses capable of printing sheets larger than 11 inches by 17 inches. This classification primarily engages in high-volume printing such as newspapers, books, magazines, business and telephone directories, and catalogs.
b. Electronic. Establishment engaged in developing, reproducing and distributing computer or electronic software or media. This classification includes those establishments that offer support services to software consumers.
c. Limited. Establishment providing full- or self-service business or personal photocopying and printing services. This classification is limited to the printing of booklets, brochures, business forms, newsletters, and stationery, and the provision of related support services.
26. Recycling Collection Facility. Collection facility (defined in PMC 18.06.215) established as a principal or accessory use or device.
a. Reverse Vending Machine. An automated or 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 cash refund or a redeemable credit slip. Typically, this type of vending machine does not cover an area larger than 50 square feet.
b. Small Recycling Facility. Collection facility established as an accessory use to a principal use, not exceeding 500 square feet in size. This facility may include: mobile recycling units (truck, trailer, van, boxes, bins, containers transported by truck, car or train), reverse vending machines, or grouping of reverse vending machines (more than three machines), kiosk type units (may be permanent), and unattended container placed for donation of recyclable materials.
c. Large Recycling Facility. Collection facility established either as an accessory use, 500 square feet or larger in size, or as a principal use, regardless of size, devoted exclusively to the collection of recyclable materials from the public. A large recycling center may include: mobile recycling units (truck, trailer, van, boxes, bins, containers transported by truck, car or train), reverse vending machines, or a grouping of reverse vending machines (more than three machines), kiosk type units (may be permanent), and unattended containers placed for donation of recyclable materials.
27. Research and Development Services. Establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm or pharmaceutical research laboratory, but excludes manufacturing or medical testing and analysis. (See research and development production.)
28. Retail and Wholesale Sales. Establishments engaged in the sale or distribution of merchandise to the consumer. This category includes businesses offering wholesale sales of merchandise directly to the end consumer, and businesses offering incidental post-sales services such as installation, repair and customer support. Except where noted in the land use description, all uses in this classification occur indoors.
a. General Merchandise, Retail Sales and Rental. The retail sale or rental of merchandise not specifically listed under another use classification. Typical of this classification is a business engaged in the sale or rental of specialty items such as antiques, art supplies, artworks, gifts, handcrafted items, clothing and wearing apparel, fabrics, luggage and leather goods, sporting goods, toys, hobby materials, jewelry, books and magazines, records, discs and tapes, musical instruments, radios and televisions, electronic equipment, cameras and photographic equipment, computer hardware and software, office equipment and supplies, stationery, educational supplies, appliances and utensils, optical and hearing aids, hospital and medical supplies and equipment, floral items, tobacco (excluding smoke shops and smoking lounges), coins and stamps, bicycles, or new automotive parts and accessories (excluding service and installation). This classification includes a store retailing general lines of merchandise such as department, variety, furniture and drugstore. This classification also includes wholesale showroom and catalog store, wherein merchandise is displayed and ordered on site but is shipped directly from the supplier to the consumer. These businesses typically include the incidental sale of goods listed under other use classifications.
b. Home Improvement Sales and Service. Retail, wholesale, rental, and related services of hardware, plumbing, electrical, heating, air conditioning, or building supplies, tools and equipment, plants and garden products, patio furniture, swimming pools, spas, and hot tubs, lighting fixtures, countertops, kitchen and bathroom fixtures and cabinets, paint, carpeting, window coverings, floorcoverings or wallpaper. This classification includes establishments with outdoor display area for limited lines of merchandise such as landscaping, garden and patio products. Hardware stores occupying less than 25,000 square feet of total indoor and outdoor area are classified under general merchandise, retail sales and rental.
c. Lumber and Building Material Yard. Establishment engaging in the retail or wholesale sales of lumber, finished wood products, or building and landscape material supplies either inside or outside of a structure. This classification includes incidental sales and rental of hardware, plumbing, electrical, garden or painting supplies and equipment.
d. Nursery. Establishment providing the sale and cultivation in aboveground containers or flats of trees, shrubs, and plants either inside or outside of a building, including the sale or rental of garden and landscape materials and equipment.
e. Mail Order or Direct Selling Establishment. Retailing of merchandise outside of a fixed retail location or store. Uses in this classification include those businesses that store merchandise on-site within an enclosed building; accept orders transmitted by mail, telephone or the Internet; and distribute merchandise from an on-site office/point-of-sale desk through vending machines, person-to-person sales, or shipment directly to the consumer. Businesses within this use classification generally do not provide on-site retail opportunities to consumers, but may dedicate up to 10 percent of the total building floor area to walk-in retail sales.
f. Pawn Shop. Establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property.
g. Retail Warehouse. Establishment consisting of over 100,000 square feet of sales area, that is primarily engaged in the sale and warehousing of factory-direct merchandise and bulk goods. This classification includes membership warehouse and superstore.
h. Secondhand Appliance and Clothing Sales. The retail sale of used appliances and clothing. An antique or similar shop engaged in the retail sale of used furniture and accessories other than appliances is classified under general merchandise, retail sales and rental.
i. Smoke Shop. Retail establishment that devotes 15 percent or more of its total floor space to products intended or designed for use in ingesting, inhaling or otherwise introducing tobacco or controlled substances into the human body, including but not limited to tobacco products, smoking oils and extracts, electronic cigarettes which contain nicotine and emit smoke or vapor, smoking accessories, including but not limited to rolling papers, rolling machines, herb grinders, scales, glass pipes, hookah pipes, bongs, bubbler or other paraphernalia. Herbal and nicotine containing products which do not generate smoke or vapor, and incense used solely for olfactory purposes and not containing tobacco or nicotine, are not included in this definition.
j. Smoking Lounge. Business establishment that is dedicated, in whole or in part, to the smoking or vaporization of tobacco or other substances, including but not limited to establishments commonly known as cigar lounges, hookah cafes, tobacco clubs, tobacco bars, e-cigarette lounges and vapor bars.
29. School, Commercial. Establishment engaged in the teaching of technical or vocational skills, including barber and beauty college, real estate, modeling, and secretarial school. Institutions that typically grant recognized degrees are classified under college, public or private.
30. Vehicle Sales and Services.
a. Automobile and Recreational Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, mobile homes, or recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes engine overhauls involving the removal of engine blocks, body and fender work, painting, undercoating, steam cleaning, glass replacement, upholstery and convertible top service, vehicle towing, radiator, transmission, wheel and axle repair, but excludes vehicle dismantling or salvage and tire retreading or recapping. Establishments engaged in the repair or restoration of boats and watercraft are classified under industrial services, boatyard. Establishments engaged in the service or repair of construction or agricultural equipment are classified under industrial services, equipment sales and rental.
b. Automobile Rental. Rental of automobiles or motorcycles, including storage and incidental maintenance, but excluding maintenance requiring lifts capable of elevating more than one vehicle tire off of the ground.
c. Automobile Repair, Limited. Limited repair and service or installation of parts for automobiles. This includes retail sales and installation of tires, mufflers, exhaust and suspension systems; automobile window tinting; automotive radio/electronics installation and service; automotive air conditioning/heater service; oil changing service; and smog testing or diagnostic facility with no on-site repair. This classification includes only those facilities that offer same-day service of vehicles, without provision for overnight storage of vehicles inside or outside of a building. This classification excludes those facilities that are also engaged in the sale of gasoline and motor fuels. Other repair activities are classified under automobile and recreational vehicle repair, major.
d. Automobile Sales. Establishment engaged in the sale or leasing of motorcycles and passenger cars, pickup trucks and vans, including storage and incidental maintenance. An establishment engaged only in the rental of automobiles or motorcycles is classified under automobile rental. An establishment engaged in the sale, service or rental of construction equipment, agricultural equipment, or commercial trucks or vans with a gross vehicle weight in excess of 15,000 pounds is classified under industrial services, equipment sales and rental.
e. Automobile Washing. An establishment engaged in the washing, waxing, or cleaning of automobiles by mechanical or semi-mechanical devices as a main use or, if an accessory use, utilizing an automatic track system with blowers or drying vacuums. Manual automobile washing is prohibited unless it can be sufficiently demonstrated to the zoning administrator that all wastewater can be captured, treated, and recycled or properly disposed of in accordance with regulatory standards.
f. Recreational Vehicle and Mobile Home Sales. Establishment engaged in the retail sale of mobile home dwelling units or the sale or rental of various vehicles for recreational touring purposes, such as travel trailers or coaches. An establishment engaged in the sale or rental of boats, personal motorized water skis, and similar watercraft is classified under marine sales and rental.
g. Service Station. Establishment primarily engaged in the retail sale of gasoline and motor fuel. This classification provides for the incidental sale of grocery items or related retail goods, and auto parts and accessories. Services offered may include minor vehicle repair and installation of parts, towing services limited to automobiles, nonmechanical washing and waxing or mechanical washing other than classified under automobile washing. Other repair activities are classified under automobile and recreational vehicle repair, major.
h. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, trailers, buses, and recreational vehicles, but does not include vehicle dismantling. An establishment engaged exclusively in the storage of boats and watercraft is classified under boat and marine vessel storage.
i. Electric Vehicle (EV) Charging Stations. Establishment with charge points or electric vehicle supply equipment which supplies electrical power for charging plug-in electric vehicles.
31. Visitor Accommodations. Commercial establishments offering lodging to transients.
a. Bed and Breakfast Inn. Establishment that provides bedrooms for lodging on a less than weekly basis and that has one household in permanent residence. Establishments in this category typically occur in a converted single-family or multifamily dwelling and offer incidental eating and drinking service from a single kitchen for lodgers and residents only.
b. Hotel. Establishment providing guest rooms for temporary lodging, typically on a less than weekly basis, with no or minimal kitchen facilities in the guest units. This classification may include health and recreational facilities and on-site conveniences such as business and laundry services for guests. Establishments in this category may also offer conference and convention facilities, and eating, drinking and banquet service for guests as well as nonguests.
c. Motel. Establishment with guest rooms for temporary lodging, typically on a less than weekly basis. Guest rooms in these facilities provide no or minimal kitchen facilities, but have a separate entrance leading directly to the outside of the building and adjacent to an individual parking space.
32. Warehousing and Storage, Limited. Provision of space, within an enclosed building, for the storage of privately owned household goods, personal property, business records, documents, and supplies. This classification includes ministorage facility but excludes wholesaling and storage, and vehicle storage. [Ord. 23-1509 §§ 12, 13, 2023; Ord. 21-1498 § 3, 2021; Ord. 21-1492 § 5, 2021; Ord. 18-1451 § 3 (Exh. C), 2018; Ord. 17-1439 § 4 (Exh. A), 2018; Ord. 16-1419 § 4, 2016; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 14-1380 §§ 3 – 5, 2014; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 1116 § 3 (Exh. A), 1996; Ord. 1060 § 5, 1993; Ord. 998 § 3 (Exh. B), 1990; Ord. 979 § 2 (Exh. A), 1990.]
Article V. Industrial Uses
A. Food and Drug Processing. Establishment engaged in the manufacture, processing, production, or packaging of drugs, beverages, or food products within an enclosed building. This classification includes brewery, bottler, winery, meat processing plant, candy and dairy product manufacturer, food truck commissary and related activities within an enclosed building, but excludes slaughterhouse, rendering plant, cannery or tannery. Uses in this classification may provide for the incidental on-site tasting or retailing of products.
B. Industrial Service. Establishment that provides services in which industrial-type equipment, materials, and supplies are maintained on the site or that require on-site processing or handling of materials or substances.
1. Boatyard. Establishment providing facilities for the repair, detailing, painting, maintenance, fabrication and handling of small boats such as pleasure craft and commercial fishing and tour boats, and related equipment. This includes ancillary boat ramps, drydocks, and handling facilities, and sail-making lofts.
2. Contractor. Establishment that furnishes supplies, equipment, or products, and performs services at off-site locations but which maintains equipment, vehicles with a gross vehicle weight in excess of 15,000 pounds, stock-in-trade, and related activities on-site within an enclosed building. Typical uses are construction, janitorial, excavation, demolition, pest control, landscape or building contracting services.
a. Contractor Yard. Storage yard and maintenance of equipment and supplies outside of a building.
3. Equipment Sales and Rental. Retail or wholesale sale or rental of new or used large vehicles such as tractors, construction or agricultural equipment, commercial utility trucks, and utility or freight trailers. Establishments in this classification may offer incidental repair and maintenance of equipment for sale or rent.
4. Laboratory. Establishment over 2,000 square feet, other than medical/dental lab, providing commercial testing, photofinishing, chemical or biological analytical service within an enclosed building.
a. Cannabis Testing Laboratory. Consistent with state law, an establishment that holds a valid state license that offers or performs tests of cannabis or cannabis products and that is both accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state and licensed by the state.
5. Laundry. Establishment that provides on-site cleaning services within an enclosed building. This classification includes industrial dry cleaning plant, commercial laundry and linen supply services, or diaper services.
6. Processor. Establishment in which materials or items are handled or processed including their related storage and sale. This classification includes rock or mineral crushing and processing services; lumber, building material and scrap metal salvage and handling; solid waste facility/materials recovery facility and transfer station; and auto dismantler within an enclosed building.
7. Repair/Jobbing Service. Establishment providing facilities within an enclosed building for the repair or custom manufacture of heavy business and industrial equipment, other than automobile, recreational vehicle and boat repair. Uses include welding and machine shop, foundry, metal finishing, tool making, or construction and material handling equipment repair services.
C. Manufacturing. An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.
1. Heavy. Establishment engaged in the primary production of and extraction of metals or chemical products from raw materials or the pre-production processing of basic products, including bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck, rail, or ship traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes steelworks and finishing mill; chemical and fertilizer plant; petroleum and gas refinery; lumber, paper, or textile mill; asphalt, concrete, and hot mix batch plant; stoneworks, glassworks, brick refractory; and concrete products manufacturing within an enclosed building.
2. Limited. Establishment engaged in the fabrication, assembly, processing, treatment, or packaging of finished parts or products from previously prepared materials within an enclosed building, excluding food and drug processing.
3. Custom. Establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. This classification may include the incidental direct sale to consumers of only those products produced on-site. Typical uses include ceramic studio, candle-making, boatwright, custom jewelry manufacture, ornamental iron works, cabinet shop, or stained/leaded glass studio.
4. Cannabis Manufacturing. Consistent with state law, an establishment that holds a valid state license and conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container, but excludes cannabis microbusiness.
5. Cannabis Microbusiness. Consistent with state law, an establishment that holds a valid state license and is engaged in three of the following four commercial cannabis activities: cultivation of cannabis in an area less than 10,000 square feet; cannabis distributor; cannabis manufacturing; and cannabis retail.
D. Research and Development Production. Establishment primarily engaged in the research, development, testing, and controlled production and wholesale of high-technology electronic, industrial, or scientific products or commodities within an enclosed building, but does not include uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include biotechnology, film, and nontoxic electronic and computer component manufacturers.
E. Transportation/Distribution. Activity and facility involving the distribution of freight or transportation services.
1. Commercial/Personal Transport Services. Establishment providing transportation services including the incidental maintenance and storage of vehicles, but excluding establishments with facilities for long- or short-term storage of transported goods. This classification includes limousine, bus, taxi, or armored car services.
2. Railroad Terminal and Switchyard. Facility for distributing freight from rail cars and making up trains.
3. Truck Terminal. Establishment providing truck storage or facilities for the distribution, handling, processing, and long- or short-term storage of transported goods or packages. This classification does not include trucking activities accessory to a permitted or conditionally permitted use.
4. Wharf. Facility comprised of one or more docks and adjacent land, that is used for the berthing of ships and barges, and the distribution and handling of cargo.
5. Cannabis Distribution. Consistent with state law, an establishment that holds a valid state license and is engaged in the procurement, sale, and transport of cannabis and cannabis products between commercial cannabis businesses licensed by the state. This definition excludes cannabis microbusiness.
F. Wholesaling and Storage. Establishment engaged in the wholesale, distribution and warehousing of goods. Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers. Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk-in retail customers.
1. With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.
2. With Exterior Storage. Storage and handling of goods and equipment is entirely or partially outdoors, even if screened from public view. This classification does not include junk or vehicle dismantling yard, or disposal facility. [Ord. 23-1509 § 14, 2023; Ord. 21-1492 § 6, 2021; Ord. 18-1448 § 3 (Exh. A), 2018; Ord. 17-1439 § 4 (Exh. A), 2018; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 1062 § 3, 1993; Ord. 979 § 2 (Exh. A), 1990.]
Article VI. Agricultural and
Extractive Uses
A. Animal Husbandry. Raising of animals or primary production of animal products, such as eggs or dairy products, on an agricultural or commercial basis, excluding slaughterhouse, meat processing and secondary food production. Typical uses include grazing, ranching, dairy farming, beekeeping, poultry farming, and livestock auction. Facilities include barn, silo, paddock, stable, pen and apiary.
B. Cannabis Cultivation.
1. Indoor. Consistent with state law, an establishment that holds a valid state license and is engaged in cannabis cultivation indoors for the purpose of commercial use, but excludes a cannabis microbusiness.
2. Outdoor. Consistent with state law, an establishment that holds a valid state license and is engaged in cannabis cultivation outdoors for the purpose of commercial use, but excludes a cannabis microbusiness.
3. Mixed Light. Consistent with state law, an establishment that holds a valid state license and is engaged in cannabis cultivation utilizing a mixture of indoor and outdoor lighting for the purpose of commercial use, but excludes a cannabis microbusiness.
C. Crop Production. Raising and harvesting of orchard crops, raw crops, or field crops on an agricultural or commercial basis, including primary processing and packaging, but excluding canning and secondary food production. Facilities include granary, barn, greenhouse, and packing structure.
D. Mining and Processing. Place or facility primarily devoted to surface or subsurface mining of metallic and nonmetallic minerals, oil or gas, including only such equipment necessary and convenient for drilling or extracting operations together with essential on-site processing and production of only nonmetallic mineral products. Typical places include borrow pit, quarry, or oil and gas well. Facilities include drilling rig, shovel, hoe, drag line, bin, chute, conveyor, and hopper for on-site production.
E. Photovoltaic Array. System of power-generating solar modules or panels designed to capture sunlight and convert it into electricity. This classification includes facilities capable of storing electricity and distributing it on the utility grid, but excludes panels installed on or adjacent to a structure for the purpose of providing power exclusively to that structure.
F. Wind Energy Conversion System. Windmill farm for commercial production and sale of electricity produced from such devices. [Ord. 21-1492 § 7, 2021; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
Article VII. Accessory Uses
A. Accessory Use. Use that is incidental to the principal permitted or conditionally permitted use on a site and customarily provided or acceptable with the use. This classification includes home occupation, surface parking for residents’, customers’ or employees’ automobiles, recreational activity, and administrative or office support function and facility.
B. Accessory Structure. Structure that is incidental to the principal permitted or conditionally permitted structure or use on a site and customarily found on the same site.
1. Accessory Dwelling Unit. Dwelling unit (“second unit”) governed by PMC 18.50.300 through 18.50.315.
2. Accessory Living Quarters.
3. Caretaker’s Quarters.
4. Accessory Structure. Structure with no bedroom or kitchen. This classification includes construction trailer, real estate field office for the sale of property within a subdivision, parking structure, sign, and structure for mechanical equipment and ancillary storage. [Ord. 23-1509 § 15, 2023; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]
Article VIII. Temporary Uses
A. Animal Show. Exhibition of domestic or large animals for a maximum of seven days.
B. Christmas Tree Sale. Retail sales of Christmas trees between Thanksgiving and December 26th.
C. Commercial Entertainment. Provision of games, rides, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities on a site, or in a tent or other temporary structure as governed by PMC 5.12.050. This classification includes circus and carnival, but excludes an event conducted in a permanent entertainment facility. Events classified under this category may occur on a specific site no more than two times in a calendar year and for periods of no longer than 30 calendar days at a time.
D. Commercial Filming, Limited. Commercial motion picture or video photography at the same location for a single or limited production.
E. Farmers’ Market. Retail sales of produce and other food items conducted by a sponsor for a maximum period of six hours per day during the weekends.
F. Holiday Boutique. Retail sale of craft or limited production items between Thanksgiving and January 1st.
G. Mobile Food Vendor. Sale of food or beverage items from a truck, push cart, wagon or similar vehicle that is self-contained for potable water, wastewater and power, but that is not on a permanent foundation. This classification includes only those vendors whose vehicles have obtained all appropriate permits from the county health department. This classification excludes those vendors that impede vehicular or pedestrian circulation and excludes food sales occurring on public streets.
H. Personal Property Sale. Sale of personal property on a noncommercial basis no more than three times in a calendar year for a maximum period of three days each time. This includes yard and garage sale.
I. Real Property Sale. Sale, leasing or rental of a nonresidential parcel or structure. This includes the on-site sale of subdivision lots or structures.
J. Religious Assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use, no more than two times in a calendar year for a maximum period of 48 hours each time.
K. Retail Sale, Outdoor. Retail sale of new merchandise on the site of a legally established retail business no more than three times in a calendar year for a maximum period of seven days each time.
L. Rummage Sale. The sale of secondhand property including reclaimed or salvaged goods by a charitable, religious or nonprofit organization.
M. Storage, Outdoor. Storage or placement of equipment, merchandise, or products not otherwise permitted outside of a building.
N. Trade Fair. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of 10 days per calendar year. [Ord. 21-1498 § 4, 2021; Ord. 21-1489 § 4, 2021; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 979 § 2 (Exh. A), 1990.]
Article IX. Prohibited Uses
Repealed by Ord. 16-1414. [Ord. 13-1364 § 3, 2013.]
Repealed by Ord. 16-1414. [Ord. 13-1364 § 3, 2013.]
Code reviser’s note: Ord. 09-1322 adds the use classification for supportive housing as an unlettered subsection of this section. It has been editorially designated as subsection (H) and subsequent subsections have been relettered to preserve alphabetization.