Use classifications describe one or more uses of land having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The planning commission, upon request from the director, shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this chapter. The planning commission may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Residential Housing Types.

Single Family Dwelling. One dwelling unit located on a single lot, containing only one kitchen and used to house not more than one family. Includes manufactured housing.

Two-Family Dwelling (Duplex). A single building that contains two dwelling units, or a single lot with two freestanding buildings, each of which is designed for occupancy by one household.

Dwelling Group. A group of three or more detached one-family, two-family, or multiple-family dwellings occupying a parcel of land in one ownership.

Manufactured Home Park. Manufactured housing in a planned development with common area amenities. Spaces for mobile homes may be rented or owned.

Multiple Family Residential (Apartments). Three or more attached dwelling units on a site or lot. Types of multiple-family dwellings include a variety of styles including, but not limited to, townhouses, garden apartments, and high-rise apartment buildings. Transitional housing facilities are also included provided that the residential density of the facility is consistent with that of the surrounding neighborhood.

Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, and dormitories, but excludes residential hotels.

Accessory Dwelling Unit. An attached or detached dwelling unit that is located on a single lot with a primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking, and sanitation.

Residential Condominium. A residential development designed to allow individually owned residential units, which are supported by a formal arrangement of common areas and facilities as is further defined in Section 1351(f) of the California Civil Code.

Supportive Housing. Housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code subdivision (d) of Section 53260 and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (per Health and Safety Code Section 50675.14(b)).

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months (per Health and Safety Code Section 50675.2).

Family Day Care. A day-care facility located in a single-family residence where an occupant of the residence provides care and supervision for children.

Small Family. A facility which provides care for six or fewer children.

Large Family. A facility which provides care for seven to twelve children.

Residential Care, Limited. Twenty-four-hour nonmedical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2438, § 5, 9-1-2009; Ord. No. 2469, § 22, 11-2-2010; Ord. No. 2572, § 5, 5-2-2017; Ord. No. 2590, § 26, 8-21-2018)

A.

Cemetery. Land used or dedicated to burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities.

B.

Clinic. Facility where patients are admitted for examinations and treatment by one or more physicians, usually on a "walk-in" basis. Patients are treated on an outpatient basis and are not admitted for overnight treatment or observation.

C.

Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, including residential accommodations that are available to members or guests on a temporary basis for periods of less than thirty consecutive days, but excluding residential hotels. This classification includes union halls, social clubs, and youth centers.

D.

Colleges and Trade Schools, Public or Private. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes business and computer schools, management training, technical, and trade schools, but excludes personal instructional services.

E.

Commercial Support Services. Retail, service, and other for-profit commercial activities that support, enhance, and/or contribute to the basic function and economic success of a public use. Such uses shall be allowed only in conjunction with a public use or facility operated by, or on land owned or controlled by, a public agency. Such uses are not permissible in areas which would otherwise be designated for residential uses.

F.

Community Centers. Any noncommercial facility established primarily for the benefit and service of the population of the community in which it is located. Examples include neighborhood centers, youth centers and senior centers.

G.

Community Social Service Facilities. Any noncommercial facility, such as a day center, which may also provide meals, showers, and/or laundry facilities. Specialized programs and services related to the needs of those using the facility may also be provided.

H.

Cultural Institutions. Public or nonprofit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance, and events; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens.

I.

Daycare Center (fourteen or more). Establishments providing nonmedical care for one or more persons on a less than twenty-four-hour basis. This classification includes nursery schools, preschools, and daycare centers for children or adults and any other daycare facility licensed or certified by the state of California.

J.

Emergency Medical Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis.

K.

Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

L.

Homeless Shelter. A residential facility operated by a provider which provides temporary accommodations, not to exceed one hundred eighty days in any twelve-month period, for homeless individual and families. For purpose of this definition, a "provider" shall mean an organization which provides or contracts with recognized community organizations to provide emergency or temporary shelter and which may also provide meals, counseling, and other services, as well as common areas for residents of the facility.

M.

Hospitals (including emergency care). State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, as well as training, research, and administrative services for patients and employees. Emergency care facilities are those providing emergency medical service on a twenty-four-hour basis with no provision for continuing care on an inpatient basis.

N.

Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. This classification also includes community centers, playing fields, courts, gymnasiums, swimming pools, picnic facilities, and public marinas, as well as related food concessions.

O.

Parking, Public. Surface parking or structures used for parking more than four automobiles.

P.

Public Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment and materials storage areas. This classification includes corporation yards, equipment service centers, and similar public facilities.

Q.

Public Safety Facilities. Facilities for public-safety and emergency services, including a facility that provides police and fire protection and ambulance services.

R.

Religious Facilities. A facility for religious worship and incidental religious education and offices, but not including private schools. This classification includes churches, temples, and other facilities used primarily for religious services or activities.

S.

Residential Care, Senior. Twenty-four-hour medical or nonmedical care for more than six persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the state of California.

T.

Residential Care, General. A facility with shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. They provide twenty-four-hour nonmedical care for more than six persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the state of California, as well as those operated by public or not-for-profit institutions.

U.

Schools, Public or Private. Facilities for primary or secondary education, including elementary, junior high and high schools, and private institutions having curricula comparable to that required in the public schools of the state of California.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2438, § 6, 9-1-2009; Ord. No. 2457, § 3, 5-18-2010)

A.

Adult Business Establishments. Establishments whose preponderant business is the offering of materials, products, and/or services that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme and which are not customarily open to the general public because they exclude minors by virtue of their age as a prevailing business. This classification does not include any establishment offering professional services conducted, operated or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologist, social workers, marriage and family counselors, osteopaths, and persons holding unrevoked licenses or certificates under applicable California state law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate.

B.

Animal Sales and Services. Boarding, grooming, medical care for small animals on a commercial basis and/or incidental retail sales. This classification does not include dog walking and similar pet care services not carried out at a fixed location.

1.

Large Animal Veterinary Services. Office and medical treatment facilities used by veterinarians for large animals.

C.

Banks and Savings and Loans. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities.

D.

Bed and Breakfast Establishments. Establishments providing guest rooms for lodging on a less-than-weekly basis, in an owner-occupied single-family or converted multiple-family dwelling, with incidental eating and drinking service provided from a single kitchen for lodgers and residents only.

E.

Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumberyards and tool and equipment sales or rental establishments and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include large-scale "warehouse" stores (see Home Improvement Sales and Services) and hardware stores less than ten thousand square feet in sales.

F.

Business Services. Rendering services to business establishments on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, commercial research, development and testing, photo finishing, and model building. This classification excludes maintenance and repair and accounting, advertising, architectural design, city planning, environmental analysis, insurance, interior design, investment, landscape design, law, management consulting, title companies and real estate offices.

G.

Commercial Recreation. Provision of participant or spectator recreation. This classification includes sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, golf driving ranges, pool rooms, dance halls, ice/roller skating rinks, golf courses (daily fee), miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, pinball arcades or electronic games centers, card rooms, and fortune telling; it also includes health and fitness clubs, gymnastic facilities, and similar uses within a "GI" General Industry District.

H.

Commercial Entertainment. Provision of spectator entertainment. This classification includes live and motion picture theaters.

I.

Convenience Gas Mart. A store that sells groceries and gasoline may also sell fast-food products and does not include automotive repair shops.

J.

Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

Bars/Nightclubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-site service of alcohol, including beer, wine, and mixed drinks. Beverages, such as beer and wine, may be produced on-site.

Restaurants, Full Service. Restaurants serving food and beverages to be consumed on the premises. Take-out or delivery service may also be provided. Beverages, such as beer and wine, may be produced on-site.

With Drive-Through Facilities. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service.

K.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include markets, groceries, liquor stores and retail bakeries. This classification also includes large-scale stores that sell food items and beverages in bulk and also may sell bulk household products.

L.

Food and Beverage Preparation. Businesses preparing and/or packaging food and beverages for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used and traffic generation. Uses include catering kitchens, bakeries with on-site retail sales and small-scale specialty food and beverage production, such as manufacture of candy, jams and jellies, beer, wine, and spirits.

M.

Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation or disposition of the human dead. Typical uses include a crematory, columbarium, mausoleum or mortuary.

N.

Home Improvement Sales and Services. Retail sales, rental and related services of hardware, plumbing, electrical, heating, air conditioning, building supplies, tools and equipment, plants and garden products, patio furniture, swimming pools, spas and hot tubs, lighting fixtures, kitchen and bathroom fixtures and cabinets, paint, carpeting, floor coverings or wallpaper.

O.

Hotels and Motels. Establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars or recreation facilities available to guests or to the general public. This classification includes motor lodges, motels, hostels, extended-stay hotels and tourist courts, but does not include rooming hotels, boarding houses or residential hotels designed or intended to be used for sleeping for a period of thirty consecutive days or longer.

P.

Hotels, Residential. Establishments offering rooms for rent for semitransient or permanent residents on a weekly or monthly basis.

Q.

Laboratories. Establishments providing medical or dental laboratory services or establishments providing photographic, analytical or testing services.

R.

Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, janitorial services, pest control or building maintenance services. This classification excludes maintenance and repair of vehicles or boats.

S.

Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management or administrative services, such as architectural, computer software design, engineering, graphic design, interior design, real estate, insurance, investment and legal offices. This classification excludes hospitals, banks, and savings and loan associations.

T.

Offices, Medical and Dental. Offices of firms or organizations providing medical services, such as physicians, dentists, chiropractors, optometrists and similar medical professionals. This classification includes medical/dental laboratories incidental to an office use.

U.

Parking Facilities, Commercial. Surface lots and structures offering parking to the public for a fee when such use is not incidental to another activity.

V.

Personal Improvement Services. Provision of instructional services or facilities, including photography; fine arts; crafts; dance or music studios; driving schools; business and trade schools; and diet centers, gymnastic studios, health clubs, and fitness studios.

W.

Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops; seamstresses; tailors; interior decorators; photocopying; and photographic studios.

X.

Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, furniture stores, pawn shops, pet shops, hardware stores and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics and similar small-item repairs. This classification also includes such services as dry cleaning businesses (excluding large-scale bulk cleaning plants), shoe repair shops and self-service laundries.

Y.

Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes automobile rental agencies.

Z.

Vehicle and Equipment Sales and Services.

1.

Automobile Rentals. Rental of automobiles, including storage and incidental maintenance.

2.

Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes and recreational vehicles, including the sale, installation and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops and auto glass services, but excludes vehicle dismantling or salvaging and tire retreading or recapping.

3.

Automobile/Vehicle Service and Repair, Minor. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts and accessories, including gasoline service stations; gas convenience marts; quick-service oil, tune-up, brake and muffler shops; and tire sales and installation, where repairs are made or service provided in enclosed bays and vehicles are not stored typically overnight. This classification excludes establishments providing engine repair, body and fender work, vehicle painting, towing or repair of heavy trucks or construction vehicles.

4.

Automobile/Vehicle Sales and Leasing. Sales or leasing of automobiles, motorcycles, trucks and/or lawn and garden-type tractors, including storage and incidental maintenance.

5.

Automobile Washing. Washing, waxing or cleaning of automobiles or similar light vehicles.

6.

Heavy Equipment Sales, Service and Rental. Sales, servicing and rental of vans, trailers, tractors and other equipment used for construction, agricultural or similar activities.

7.

Large Vehicle Sales, Service and Rental. Sales, servicing and rental of motor homes, recreational trailers and equipment, boats and similar vehicles.

8.

Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways; impound yards; and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2428, § 14, 1-20-2009; Ord. No. 2443, § 7, 10-26-2009; Ord. No. 2541, § 5, 2-16-2016)

A.

Contractors' Office and Shop Buildings. Fully enclosed building(s) or structure(s) used for contractors' offices, indoor storage of supplies or equipment, light fabrication (such as trusses, windows or heating equipment) and repair facilities, but which does not include any exterior storage area.

B.

Contractors' Storage Yards. Outdoor storage yards operated by, or on behalf of, a contractor for storage of equipment, vehicles, machinery, building materials, pipe or electrical components. This use may include buildings or structures for uses such as offices, indoor storage of supplies or equipment, light fabrication (such as trusses, windows or heating equipment) and repair facilities.

C.

Industry, Custom Handicraft. Manufacture of crafts, art, sculpture, stained glass and similar items. Retail sales of items manufactured on the premises is required.

D.

Industry, General. Establishments engaged in any of the following types of activities taking place within enclosed buildings: manufacturing finished parts or products primarily from previously prepared materials; food and beverage manufacturing/distribution; providing industrial services; or conducting industrial or scientific research, including product testing. Ancillary activities customarily associated with these uses such as industry related training or conferences, marketing events, and similar activities are also appropriate. This classification excludes basic industrial processing and recycling of cans, bottles, cardboard and similar consumer materials.

E.

Industry, Heavy. Manufacturing of products from extracted or raw materials or recycled or secondary materials or bulk storage and handling of such products and materials. This classification includes: tobacco product manufacturing, textile mills, textile product mills, apparel manufacturing, leather and allied product manufacturing, wood product manufacturing, paper manufacturing, chemical manufacturing, plastics and rubber products manufacturing, nonmetallic mineral product manufacturing, primary metal manufacturing and fabricated metal product manufacturing.

F.

Salvage/Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to, any used building materials, used containers or steel drums, used tires and similar or related articles or property.

G.

Warehousing and Storage. Storage and distribution facilities without sales to the public on-site or direct public access.

1.

Indoor Commercial Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets.

2.

Outdoor Storage. Storage of vehicles or commercial goods in open lots.

3.

Self-storage Warehouses. Facilities offering storage for individual use, including miniwarehouses.

4.

Wholesale, Distribution and Storage. Indoor storage and/or sale of bulk goods, including mail order and Internet sales and wholesale distribution. Sales may be retail or wholesale.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2541, § 6, 2-16-2016)

A.

Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, aircraft storage buildings, public terminal buildings and parking, helicopter pads and support activities, such as airport operations and air traffic control.

B.

Communication Facilities.

1.

Antennae and Transmission Towers. Broadcasting, recording and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception/transmission systems. Examples of transmission towers include, but shall not be limited to, radio towers, television towers, telephone exchange/microwave relay towers and cellular telephone transmission/personal communications systems towers.

2.

Facilities within Buildings. Includes radio, television or recording studios and telephone switching centers; excludes antennae and transmission towers.

3.

Freight/Truck Terminals and Warehouses. Facilities for local or worldwide freight and postal services by truck or rail.

4.

Transportation Passenger Terminals. Facilities for passenger transportation operations. This classification includes rail stations, bus terminals and scenic and sightseeing facilities, but does not include airports or heliports.

5.

Utilities, Major. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants and similar facilities of public agencies or public utilities.

6.

Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, underground water and sewer lines and recycling collection facilities.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Crop and Animal Raising. The raising of tree, vine, field, forage and other plant crops intended to provide food or fibers, as well as keeping, grazing or feeding of animals for animal products, animal increase or value increase.

B.

Mining and Quarrying. The extraction of nonmetallic minerals, including sand and gravel pit operations. They include surface mining operations as defined by the Public Resources Code of the state of California.

C.

Nurseries. Establishments in which all merchandise is kept within an enclosed building or a fully screened enclosure and fertilizer of any type is stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2468, § 3, 10-19-2010; Ord. No. 2481, § 6, 11-15-2011)

Abandoned

(see Nonconforming Terms)

Abandoned Sign

(see Sign Terms)

Accessory Building

Accessory Sign

(see Sign Terms)

Accessory Structure

(see Floodplain Terms)

Accessory Use

Adult Bookstore

(see Adult Entertainment Terms)

Adult Cabaret

(see Adult Entertainment Terms)

Adult Drive-in Theater

(see Adult Entertainment Terms)

Adult Entertainment Business or Activity

(see Adult Entertainment Terms)

Adult Entertainment Terms

Adult Massage Parlor

(see Adult Entertainment Terms)

Adult Model Studio

(see Adult Entertainment Terms)

Adult Motel

(see Adult Entertainment Terms)

Adult Motion Picture Arcade

(see Adult Entertainment Terms)

Adult Motion Picture Theater

(see Adult Entertainment Terms)

Adult Sexual Encounter Center

(see Adult Entertainment Terms)

Advertising

(see Sign Terms)

Affordability

(see Residential Density Bonus Terms)

Affordable Housing

(see Residential Density Bonus Terms)

Affordable Unit, For Rent

Affordable Unit, For Sale

Aggregate Sign Area

(see Sign Terms)

Alley

Alter

Ambient Noise

(see Noise Terms)

Amusement Park

Animal (Exotic or Wild)

(see Animal-Related Terms)

Animal (Household Pet)

(see Animal-Related Terms)

Animal (Large)

(see Animal-Related Terms)

Animal (Small)

(see Animal-Related Terms)

Animal-Related Terms

Animals

(see Animal-Related Terms)

Antenna

(see Telecommunication Terms)

Apartment

(see Residential Structure Types)

Area of Special Flood Hazard

(see Floodplain Terms)

Automobile Trailer

(see Automobile Trailer Terms)

Automobile Trailer Park

(see Automobile Trailer Terms)

Automobile Trailer Terms

Automobile Wrecking Yard

A-weighted Sound Level

(see Noise Terms)

Awning

(see Sign Terms)

Awning Sign

(see Sign Terms)

Balcony

Banner

(see Sign Terms)

Base Density

Base Flood

(see Floodplain Terms)

Base Flood Elevation

(see Floodplain Terms)

Base Floodplain

(see Floodplain Terms)

Basement

(see Standard and Floodplain Terms)

Beacon or Searchlight

(see Sign Terms)

Bed-and-Breakfast Inn

Billboard

(see Sign Terms)

Block

Boardinghouse or Rooming House

Breezeway

Building

Building Coverage

Building Height

Building Site

Building-Mounted

(see Telecommunication Terms)

Business

"C" District

Cabaret

Candidate Tree(s)

(see Tree Terms)

Canopy

(see Sign Terms)

Canopy Sign

(see Sign Terms)

Caretaker's Quarters

Changeable Copy Sign

(see Sign Terms)

Charitable/Philanthropic Institution

Church

City Council

Club

Collection Building

Collocation

(see Telecommunication Terms)

Common

(see Outdoor Activity Areas)

Communication Tower

(see Telecommunication Terms)

Conforming Sign

(see Sign Terms)

Construction

(see Noise Terms)

Contiguous To

(see Floodplain Terms)

Copy

(see Sign Terms)

Covered Parking Space

Cutting

(see Tree Terms)

Damage

(see Tree Terms)

dbh (diameter at breast height)

(see Tree Terms)

Decibel

(see Noise Terms)

Deck

Demolition

Distribution Line

Density Bonus

(see Residential Density Bonus Terms)

Design Flood

(see Floodplain Terms)

Design Review Manual

(see Sign Terms)

Detached Sign

(see Sign Terms)

Developed Property

(see Tree Terms)

Development

(see Floodplain Terms)

Directional Sign

(see Sign Terms)

Discretionary Projects

(see Tree Terms)

District

Donor

(see Sign Terms)

Double Frontage Lot

(see Sign Terms)

Drip Line

(see Tree Terms)

Driveway

Dwelling

(see Residential Structure Types)

Dwelling Group

(see Residential Structure Types)

Dwelling Unit

(see Residential Structure Types)

Dwelling, Multiple Family

(see Residential Structure Types)

Dwelling, Single-Family

(see Residential Structure Types)

Dwelling, Single-Family Attached

(see Residential Structure Types)

Dwelling, Two-Family or Duplex

(see Residential Structure Types)

Electrical Code

(see Sign Terms)

Electromagnetic Radio Frequency Waves

(see Telecommunication Terms)

Electronic Message Board

(see Sign Terms)

Emergency Work or Action

(see Noise Terms)

Encroachment

(see Floodplain Terms)

Enforcement Officer

(see Sign Terms)

Equal Conveyance

(see Floodplain Terms)

Equivalent Financial Value

(see Residential Density Bonus Terms)

Erected

Existing Manufactured Home Park or Subdivision

(see Floodplain Terms)

Expansion

(see Mining Terms)

Expansion to an Existing Manufactured Home Park or Subdivision

(see Floodplain Terms)

Exploration or Prospecting

(see Mining Terms)

Family

Flag or Patriotic Symbol

(see Sign Terms)

Flood Fringe

(see Floodplain Terms)

Flood Insurance Rate Map (FIRM)

(see Floodplain Terms)

Flood Insurance Study

(see Floodplain Terms)

Flood or Flooding

(see Floodplain Terms)

Flood Protection

(see Floodplain Terms)

Flood Protection Elevation

(see Floodplain Terms)

Floodplain

(see Floodplain Terms)

Floodplain Administrator

(see Floodplain Terms)

Floodplain Area

(see Floodplain Terms)

Floodplain District (FP)

(see Floodplain Terms)

Floodplain Management

(see Floodplain Terms)

Floodplain Management Regulations

(see Floodplain Terms)

Floodplain Terms

Flood-Proofing

(see Floodplain Terms)

Flood-Related Erosion

(see Floodplain Terms)

Floodway

(see Floodplain Terms)

Floor Area Ratio (FAR)

Floor Area, Gross

Floor Area, Net

Fowl (Large)

(see Animal-Related Terms)

Freeboard

(see Floodplain Terms)

Fully Shielded

(see Lighting Terms)

Garage or Carport

General Plan

Grade

(see Swimming Pool and Hot Tub Terms)

Grade, Average

Grade, Existing

Grade, Finished

Grade, Street

Ground-Mounted

(see Telecommunication Terms)

Half Story

(see Story)

Height

Highest Adjacent Grade

(see Floodplain Terms)

Historic Structure

(see Floodplain Terms)

Home Occupation

Hospital or Sanitarium

Hotel or Motel

Hydraulic Engineer Center Model 2 (HEC-2)

(succeeded by HEC-RAS)

(see Floodplain Terms)

Hydraulic Engineering Center Model 1 (HEC-1)

(succeeded by HEC-HMS)

(see Floodplain Terms)

Hydraulic Engineering Center Water Resources Council Model CPD-13

(see Floodplain Terms)

Idle

(see Mining Terms)

Illegal Sign

(see Sign Terms)

Illuminated Sign

(see Sign Terms)

Illumination Direct

Illumination Indirect

Intensity

(see Nonconforming Terms)

Intrusive Noise

(see Noise Terms)

Junkyard

Kitchen

Landmark or Heritage Tree

(see Tree Terms)

Landscape

Light Trespass

(see Lighting Terms)

Lighting Terms

Loading Space

Logo

(see Sign Terms)

Lot

Lot Frontage (Signs)

Lot Line Types

Lot Line, Corner

(see Lot Line Types)

Lot Line, Front

(see Lot Line Types)

Lot Line, Rear

(see Lot Line Types)

Lot Line, Side

(see Lot Line Types)

Lot Types

Lot, Corner

(see Lot Types)

Lot, Double Frontage

(see Lot Types)

Lot, Flag

(see Lot Types)

Lot, Interior

(see Lot Types)

Lot, Reversed Corner

(see Lot Types)

Lot, Vacant

(see Lot Types)

Lower- and Very Low-Income Households

(see Residential Density Bonus Terms)

Lowest Floor

(see Floodplain Terms)

Manufactured Home

(see Floodplain Terms)

Manufactured Home Park or Subdivision

(see Floodplain Terms)

Marquee

(see Sign Terms)

Marquee Sign

(see Sign Terms)

Mined Lands

(see Mining Terms)

Minerals

(see Mining Terms)

Mining Terms

Mining Waste

(see Mining Terms)

Monument Sign

(see Sign Terms)

Nameplate

(see Sign Terms)

Natural Feature

New Construction

(see Floodplain Terms)

New Manufactured Home Park or Subdivision

(see Floodplain Terms)

Noise Disturbance

(see Noise Terms)

Noise Level

(see Noise Terms)

Noise Terms

Nonconforming Sign

(see Nonconforming Terms)

Nonconforming Sign

(see Sign Terms)

Nonconforming Site

(see Nonconforming Terms)

Nonconforming Structure

(see Nonconforming Terms)

Nonconforming Terms

Nonconforming Use

(see Nonconforming Terms)

No-Rise Floodway and Flood Fringe

(see Floodplain Terms)

"O" District

Occupancy, Change

Occupied

Off-Site Sign

(see Sign Terms)

Off-Street Loading Facilities

One-Hundred-Year Flood

(see Floodplain Terms)

On-Site Sign

(see Sign Terms)

Open-Space Terms

Open-Space Easement

(see Open-Space Terms)

Open-Space Land

(see Open-Space Terms)

Operator

(see Mining Terms)

Overburden

(see Mining Terms)

Owner

(see Swimming Pool and Hot Tub Terms)

Pennant

(see Sign Terms)

Permitted

Person

(see Standard and Tree Terms)

Personal Service

Plan Lines

Planning Commission

Pole Sign

(see Sign Terms)

Porch

Portable Sign

(see Sign Terms)

Poultry

(see Animal-Related Terms)

Preexisting

Preservation

Preserved Tree

(see Tree Terms)

Private

(see Outdoor Activity Areas)

Private Open-Space Easement

(see Open-Space Terms)

Processing Facility

(see Recycling Terms)

Professional Office

Project

Promotional Temporary Signs

(see Sign Terms)

Public Open-Space

(see Open-Space Terms)

Public Open-Space Easement

(see Open-Space Terms)

Public Parking Area

Public Service, Seasonal or Special Community Event Signs

(see Sign Terms)

Qualified Professional

(see Tree Terms)

"R" District

Real Estate Development Sign

(see Sign Terms)

Real Estate Sign

(see Sign Terms)

Real Property Boundary

(see Noise Terms)

Reclamation

(see Mining Terms)

Reconstruction

Recreational Vehicle

(see Floodplain Terms)

Recyclable Material

(see Recycling Terms)

Recycling Facility

(see Recycling Terms)

Recycling Terms

Rehabilitation

Remedy a Violation

(see Floodplain Terms)

Removal

(see Tree Terms)

Residential Density Bonus Terms

Residential Lot, Gross Area

Residential Lot, Net Area

Residential Structure Types

Reverse Vending Machine

(see Recycling Terms)

Riparian Vegetation

(see Stream Buffer Terms)

Riverine

(see Floodplain Terms)

Roof Line

(see Sign Terms)

Roof Sign

(see Sign Terms)

Room, Habitable

Scenic or Riparian Corridor

(see Floodplain Terms)

School, Elementary or High

Setback Line

Shopping Center

Shopping Center Identifier or Locator Sign

(see Sign Terms)

Shrub

(see Tree Terms)

Sign

(see Sign Terms)

Sign Area

(see Sign Terms)

Sign Height

(see Sign Terms)

Sign Terms

Site

Sniping

(see Sign Terms)

Sound Level Meter

(see Noise Terms)

Special Flood Hazard Area (SFHA)

(see Floodplain Terms)

Specified Anatomical Areas

(see Adult Entertainment Terms)

Specified Sexual Activities

(see Adult Entertainment Terms)

Standard Project Flood

(see Floodplain Terms)

Start of Construction

(see Floodplain Terms)

State Board

(see Mining Terms)

State Geologist

(see Mining Terms)

State-of-the-Art Sign Design

(see Sign Terms)

Story

Stream Buffer Terms

Street

Street Line

Structural Alterations

Structure

(see Standard and Floodplain Terms)

Substantial Damage

(see Floodplain Terms)

Substantial Improvement

(see Floodplain Terms)

Supergraphic Wall Sign

(see Sign Terms)

Surface Mining Operations

(see Mining Terms)

Swimming Pool and Hot Tub Terms

Swimming Pool, or Pool

(see Swimming Pool and Hot Tub Terms)

Swimming Pool, Indoor

(see Swimming Pool and Hot Tub Terms)

Swimming Pool, Outdoor

(see Swimming Pool and Hot Tub Terms)

Targeted Housing Units

Telecom Definitions

Temporary Sign

(see Sign Terms)

Tent

Time and Temperature Signs

(see Sign Terms)

Top of Bank

(see Stream Buffer Terms)

Transmission Line

Tree

(see Tree Terms)

Tree Terms

Undeveloped Property

(see Tree Terms)

Uplighting

(see Lighting Terms)

Usable

(see Outdoor Activity Areas)

Use

Use Accessory

Variance

(see Floodplain Terms)

Velocity of Water

(see Floodplain Terms)

Violation

(see Floodplain Terms)

Visible

Wall Mural

(see Sign Terms)

Wall Sign

(see Sign Terms)

Window Sign

(see Sign Terms)

Wireless Communication Facility

(see Telecommunication Terms)

Yard

(see Standard Terms and Outdoor Activity Areas)

Yard, Corner Side

(see Yard Terms)

Yard, Front

(see Yard Terms)

Yard, Rear

(see Yard Terms)

Yard, Side

(see Yard Terms)

(Ord. 2403 § 13 (part), 2008; Ord. 2381 § 16, 2007; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2443, § 7, 10-26-2009; Ord. No. 2450, § 5, 1-19-2010; Ord. No. 2590, § 27, 8-21-2018)

Accessory Use. A use incidental and accessory to the principal use of a lot or a building located on the same lot.

Adult Entertainment Terms.

Adult Entertainment Business or Activity. An establishment that is not customarily open to the public but only to one or more classes of the public and that normally excludes any minor by reason of age. Such establishments usually charge a fee for a service or sale item to be purchased. It is a business that is characterized by emphasis on depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Such term includes, but is not limited to, the following uses:

Adult Bookstore. An establishment that has a substantial or significant portion of its stock-in-trade, books, magazines or other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material and that excludes minors by virtue of age from all or part of the establishment.

Adult Cabaret. A cabaret that features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers and that excludes minors by virtue of age.

Adult Drive-in Theater. A drive-in theater for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons and that excludes minors by virtue of age.

Adult Massage Parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment, manipulation, or service related thereto exposes specified anatomical areas and that excludes minors by reason of age.

Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis or matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein and that excludes minors by virtue of age.

Adult Model Studio. Any place where for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by persons paying such consideration or gratuity and that excludes minors by virtue of age.

Adult Motel. A motel wherein material is presented that is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and that excludes minors by virtue of age.

Adult Motion Picture Arcade. Any place that the public is permitted or invited wherein coin- or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and that excludes minors by virtue of age.

Adult Motion Picture Theater. An enclosed building with a capacity of fifty or more persons used for presenting material depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein and that excludes minors by virtue of age.

Adult Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sexual conduct or exposing of specified anatomical areas and that excludes minors by virtue of age.

Specified Anatomical Areas. Means the following: Less than completely and opaquely covered: (a) human genitals or pubic region, (b) female breast below a point immediately above the top of the areola. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities. Means the following: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Affordable Unit, For Rent. A unit for which the total monthly rent, plus utilities for lower-income households, does not exceed thirty percent of sixty percent of the county median income and for very low-income households, thirty percent of fifty percent of the county median income.

Affordable Unit, For Sale. A unit for which the total monthly payment, including interest, taxes, insurance and utilities, does not exceed for lower-income households thirty percent of sixty percent of the county median income and for very low-income households, thirty percent of fifty percent of the county median income.

Alley. A public way permanently reserved as a secondary means of access to abutting property.

Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams or girders, that will prolong the life of the structure. Routine maintenance is not considered an alteration.

Amusement Park. Any place of amusement open to the public not conducted wholly within a completed enclosed building.

Animal-Related Terms.

Animals. Horses, ponies, mules, burros, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, llamas, rabbits and all other domestic or domesticated animals other than household pets.

Animal (Exotic or Wild). An animal, including, but not limited to, a monkey, fox, poisonous snake, raccoon or other similar animal, including predatory or poisonous animals.

Animal (Household Pet). Any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, parakeet, tropical fish, hamster, rabbit, nonpoisonous snake, or Vietnamese pot-bellied pig.

Animal (Large). Any equine or bovine animal or other animal similar in size, weight or appearance, including, but not limited to, a horse, pony, mule, donkey, cow, llama, pigs, hogs, goats, sheep or ox.

Animal (Small). Poultry, rabbits and those other such comparably sized animals distinguished from those described as large animals.

Fowl (Large). Any ostrich, emus, rheas or similar flightless large birds.

Poultry. Pigeons, chickens, ducks, geese, turkeys and all other domestic or domesticated fowl other than household pets.

Automobile Trailer Terms.

Automobile Trailer. Any building or structure used for living or sleeping purposes and equipped with wheels or other means to facilitate movement from place to place and vehicles when used for living or sleeping purposes.

Automobile Trailer Park. Any lot or parcel of land used for the accommodation of one or more automobile trailers occupied as living quarters.

Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.

Basement. A space wholly or partly underground and having more than half its height, measuring from its floor to its ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, the basement shall be considered a story. Any basement level that has a habitable room shall be counted as a story.

Base Density. The number of dwelling units on a particular parcel of land that is in conformance with the general plan and zoning.

Block. All property fronting upon one side of a street between intersecting and intercepting streets or between a street and waterway, end of dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street that it intercepts.

Boardinghouse or Rooming House. A residential building containing shared living quarters with a single kitchen where food and housing are provided for compensation. Does not include motels, hotels or bed and breakfast establishments.

Breezeway. A roofed, open-sided passageway connecting two structures, such as a house and a garage.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Building, Accessory. A building which is used in support of or accessory to the principal building on a lot.

Building Coverage. The sum in square feet of the areas of the horizontal projections of all buildings on a lot, excluding open pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces and minor ornamental features projecting from the walls of the building. The features are not directly supported by the ground.

Building Height. The vertical distance from finished grade to the highest structural point of the building as measured plumb from all points along such grade.

Building, Main. See Building, Principal.

Building, Principal. A building in which is conducted the principal use of the lot on which it is located. Also referred to as "main building."

Building Site. A lot or parcel of land in single or joint ownership and occupied or to be occupied by a main building and accessory buildings or by a dwelling group and its accessory buildings, together with such open-spaces as are required by the terms of this title and having its principal frontage on a "street" as defined in this chapter.

Business. The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit; or the ownership or management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices by professions and trades rendering services.

"C" District. Means one or more of the following commercial districts: "NC" Neighborhood Commercial, "SC" Shopping Center, "RC" Regional Commercial, "GC" General Commercial or "HC" Heavy Commercial.

Caretaker's Quarters. A dwelling unit on the site of a commercial, industrial, public or semipublic use, occupied by a guard or caretaker.

Charitable/Philanthropic Institution. Any nonprofit organization to administer charity, consistent with existing laws, for the benefit of an indefinite number of persons by bringing their minds or hearts under the influence of education or religion; by relieving their bodies from disease, suffering or constraint; by assisting them to establish themselves in life; by erecting or maintaining public buildings or works; or by otherwise lessening the burden of government.

Church. A building, together with its accessory buildings and uses, where persons regularly assemble for worship. The building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

City Council. The city council of the city.

Club. An association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.

Collection Building. Buildings with a gross floor area of two hundred twenty-five square feet or less used for the deposit and storage of recyclables.

Covered Parking Space. An accessible and usable covered space of not less than ten by twenty feet for storage of automobiles—such covered parking space to be so located on the lot as to meet the requirements of this title for an accessory building or, if attached to the main building, to be so located as to meet all the requirements of this title for a main building.

Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts (see also Balcony).

Demolition. Any act or process that destroys in whole or in part a cultural resource or other structure within an historic district.

Distribution Line. An electric power line bringing power from a distribution substation to consumers.

District. A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open-spaces are required and certain height limits are established for buildings, all as set forth and specified in this title.

Driveway. A paved area on a lot necessary to provide direct access for vehicles between a street and either:

■

An area on a residential lot containing four or fewer parking spaces.

■

An aisle between spaces in a parking lot.

■

A loading berth.

■

A refuse storage area.

Erected. Includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for the building. Excavations, fill drainage and the like shall be considered a part of the erection.

Family. An individual or two or more persons occupying a dwelling and living together as a single nonprofit housekeeping unit.

Floodplain Terms.

Accessory Structure. A structure equal to or exceeding 120 square feet in size that is located on the same parcel of property as the principal structure and is used solely for the parking of cars and/or storage.

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

Area of Shallow Flooding. A designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "Special Flood Hazard Area."

Base Flood. A flood having a one percent chance of being equaled or exceeded in any given year. Same as the one-hundred-year flood.

Base Flood Elevation. The elevation for which there is a one-percent or greater chance in any given year that flood levels will equal or exceed it.

Basement. Any area of the building having its floor below ground level on all sides.

Base Floodplain. The area covered by a base flood which is generally defined by FEMA as Zone A, AO, A1-30 and AE on the flood insurance rate map or the base flood area or elevation shown on any drainage study approved or adopted by the city (citywide storm drain master plan by Montgomery-Watson Engineers dated October 1993), whichever is highest.

Contiguous To. Property bordering the base floodplain which would have a finished lot level of less than one foot above the base flood elevation, unless otherwise protected.

Design Flood. The flood against which protection is to be provided by means of land-use regulation or flood-protective or flood-control works. The design flood shall be the base flood recurrence interval (see "Base Flood" definition).

Development. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, landscaping, paving, excavation, drilling operations or storing equipment or materials.

Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Equal Conveyance. An equal amount of encroachment on both sides of a channel and an equal displacement of water or narrowing of the natural channel.

Existing Manufactured Home Park or Subdivision. A manufactured home park, subdivision or planned development for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before January 19, 1988.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

Flood Fringe. The area between the one-hundred-year flood boundary and the floodway shown on the flood insurance rate maps incorporated in the flood insurance study or on the citywide storm drain master plan, whichever is highest.

Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated the "floodway," the "floodplain," and "risk-premium" zones applicable to the city.

Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the watersurface elevation of the base flood.

Floodplain. This means the floodway, flood fringe, and means the same as "base floodplain" and the "area of special flood hazard." "Floodplain" or "floodplain area" means any land area susceptible to being inundated by water from any source. (See definition of "Flooding.") The elevations and boundaries of flooding within the floodplain are defined by Zones A, AO, A1-30 and AE of the flood insurance rate map prepared by the Federal Emergency Management Agency or as shown on any drainage study (citywide storm drain master plan by Montgomery-Watson Engineers dated October 1993) approved or adopted by the city, whichever is highest. For creeks where floodplain elevations with a detailed study have not been established by FEMA or the citywide storm drain master plan, the elevations shall be determined by a registered civil engineer and approved by the planning commission pursuant to Section 18.51.100 of this title. Backwater areas along the Sacramento River or creeks which rise or fall with the level of water in the adjacent stream are considered to be within the floodplain, unless proven by a licensed hydrologist/engineer that those water levels are not the same as the floodplain of the adjacent stream and have a floodplain of their own.

Floodplain Administrator. The development services director or the designee appointed to administer and enforce the city's floodplain-management regulations and the city's community rating service (CRS) program.

Floodplain Area. An area having flood, mud slide (i.e., mud flow) and/or flood-related erosion hazards as shown on a FIRM or flood boundary and floodway map and also that area shown on any drainage study (citywide storm drain master plan) approved or adopted by the city, whichever is highest.

Floodplain District (FP). A zoning district that is combined with other zoning designations of lots that are either wholly or partially within the floodplain.

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood-control works, floodplain-management regulations, and open-space plans.

Floodplain Management Regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special-purpose ordinances (such as floodplain ordinance, grading ordinance and erosion-control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof that provide standards for the purpose of flood-damage prevention and reduction.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities and structures and their contents.

Flood Protection. An action taken to protect property and structures from inundation by the base flood or greater event.

Flood Protection Elevation. An elevation expressed in feet that the city requires for elevation of the lowest floor above the one-hundred-year floodplain. The city's required flood protection elevation is a minimum of one foot. The one-hundred-year floodplain is defined by the flood insurance rate maps prepared by FEMA or the citywide storm drain master plan by Montgomery-Watson Engineers, whichever is highest.

Flood-Related Erosion. The collapse or subsidence of land along the shore of a river, creek or other body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Floodway" includes those areas so designated on any drainage study approved or adopted by the city.

Freeboard. A factor of safety expressed in feet above a flood level for purposes of floodplain-management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure. A structure that is either one of the following:

■

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

■

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

■

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

■

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Hydraulic Engineering Center Model 1 (HEC-1) (succeeded by HEC-HMS). The model is designed to simulate the surface runoff response of a stream basin to precipitation by representing the basin as an interconnected system of hydrologic and hydraulic components. Each component models an aspect of the precipitation-runoff process within a portion of the basin, commonly referred to as a subbasin. A component may represent a surface-runoff entity, a stream channel, or a reservoir. Representation of a component requires a set of parameters which specify the particular characteristics of the component and mathematical relations which describe the physical processes. The result of the modeling process is the computation of stream flow by hydrographs at desired locations in the stream basin. The model can be used in making flood predictions from rainfall runoff for any state of upstream urbanization. In so doing, the model considers time of concentration and detention characteristics of the tributary area. The model can also be used to estimate the velocity of surface water but cannot be used to determine backwater-curve elevations. A hydraulic computer program (HEC-2) is generally used in conjunction with HEC-1 to obtain backwater curves or surface-water profiles. The model can also be used to develop discharge-frequency curve and associated levels of confidence through sensitivity analysis of rainfall and runoff parameter input.

Hydraulic Engineer Center Model 2 (HEC-2) (succeeded by HEC-RAS). This model is intended for calculating water-surface profiles for steady, gradually varied flow in natural or manmade channels. Both subcritical and supercritical flow profiles can be calculated. The effects of various obstructions, such as bridges, culverts, weirs and structures, in the floodplain may be considered in the computations. The computational procedure is based on the solution of the one-dimensional energy equation with energy loss due to friction evaluated with Manning's equation. The computational procedure is generally known as the Standard Step Method. The program is also designed for application in floodplain-management and flood insurance studies to evaluate floodway encroachments and to designate flood-hazard zones. Also, capabilities are available for assessing the effects of channel improvements and levees on water-surface profiles.

Hydraulic Engineering Center Water Resources Council Model CPD-13. This model is used in calculating the flood-frequency curve from data over a period of time from stream-gauge history of sufficient length (forty years, if available; if only twenty years or less is available, several gauges or other methodologies should be considered). The model is capable of developing confidence limits associated with the frequency curve.

Lowest Floor. The lowest floor of the lowest enclosed area, including a basement. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided that it conforms to applicable nonelevation design requirements, including, but not limited to:

■

The wet floodproofing standard in Section 18.51.080(D)(3) of this title;

■

The anchoring standards in Section 18.51.080(B) of this title;

■

The construction materials and methods standards in Section 18.51.080(C) of this title;

■

The standards for utilities in Section 18.51.080(E) of this title.

For residential structures, all subgrade enclosed areas are prohibited because they are considered to be basements. This prohibition includes below-grade garages and storage areas.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New Construction. For floodplain-management purposes, this means structures for which the "start of construction" commenced on or after the effective date of floodplain-management regulations adopted by this community (July 1, 1985) and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 1, 1985.

No-Rise Floodway and Flood Fringe. This refers to maintenance of the city's floodway and floodplain fringe with no rise in floodplain elevations that would adversely affect properties.

One-Hundred-Year Flood. The same as "base flood."

Recreational Vehicle. A vehicle which is:

■

Built on a single chassis.

■

Four hundred square feet or less when measured at the largest horizontal projection.

■

Designed to be self-propelled or permanently towable by a light-duty truck.

■

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

Remedy a Violation. To bring the structure or other development into compliance with state or local floodplain-management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include:

■

Protecting the structure or other affected development from flood damages.

■

Implementing the enforcement provisions of the ordinance codified in this title or otherwise deterring future similar violations.

■

Reducing state or federal financial exposure with regard to the structure or other development.

Riverine. Relating to, formed by or resembling a river (including tributaries), stream, brook, etc.

Scenic or Riparian Corridor. Includes areas that border segments of seasonal creeks and all the Sacramento River's floodplain which contain vegetation natural to waterways.

Special Flood Hazard Area (SFHA). An area having special flood or flood-related erosion hazards and shown on a FIRM as Zone A, AO, A1-30, AE or AH.

Standard Project Flood. The largest flood that can be expected from the most severe combination of meteorological and hydrological conditions reasonably characteristic of the geographical region involved. Such a flood provides a reasonable upper limit to be considered in designing flood-control works and in delineating floodplain limits and shall be generally applicable where its occurrence would have a high probability of hazard to human life.

Start of Construction. Includes substantial improvement and other proposed new development and means the date the building permit was issued provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building with two (2) or more outside rigid walls from floor to roof and a fully secured roof that is permanently affixed to and principally above the ground. This includes a mobile building or manufactured home or a gas- or liquid-storage tank.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by structure on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceed twenty-five percent of the market value of the structure before the damage occurred.

Substantial Improvement. Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. Market value will be estimated using the tax assessed value of the structure, excluding the land value. If the improvement/repair cost (as determined by the valuation of the building permit application) is less than or equal to forty percent of the market value estimate, then the improvement/repair is not a substantial improvement. If the improvement/repair cost is greater than forty percent of the market value estimate, then the improvement/repair is a potential substantial improvement and a certified appraisal shall be submitted. The appraisal shall determine the value of the structure being improved, separate from the land value. The term "substantial improvement" does not, however, include either:

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Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions.

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Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places provided that the alteration will not preclude the structure's continued designation as a "historic structure."

When the combined total of all improvements or repairs made after the adoption of this code equals or exceeds fifty percent of a structure's market value, that structure is considered to be substantially improved. Substantial improvement also includes any addition which increases the original floor area of a building by twenty-five percent or more.

Variance. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Velocity of Water. The rate of flow measured in feet per second at specified depths within the floodway, flood fringe or area immediately adjacent to a proposed floodplain encroachment.

Violation. The failure of a structure or other development to be fully compliant with the city's floodplain-management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

Floor Area, Gross. The total interior floor area of all stories of a building or structure, including basements as well as aboveground stories. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor and any open porch, deck, balcony or terrace.

Floor Area, Net. The total of all portions of interior floor area of each floor, basement, attic or other area under the roof. It excludes portions thereof used solely for corridors, balconies, employee lounges, elevator shafts, stairways, restrooms, basement or attic areas having a height of more than seven feet, closets, vaults, storage areas, climatic control areas, janitorial storage areas, parking or loading areas; in industrial areas, storage sheds with less than one hundred fifty square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters and similar enclosures. The following areas shall be included within net floor area:

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Lobbies of banks or financial or lending institutions.

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Outdoor uncovered retail sales area, excepting plant nurseries and auto-sales lots.

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Waiting rooms used by the public in connection with offices, professional offices and similar establishments.

Floor Area Ratio (FAR). The net floor area of a building or buildings on a lot divided by the lot area or site area.

Garage or Carport. An accessible and usable covered space of not less than ten by twenty feet for storage of automobiles.

General Plan. The city of Redding general plan.

Grade, Average. The average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.

Grade, Existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.

Grade, Finished. The point of the elevation of the finished surface of the ground. For purposes of determining building height, finished grade is the grade at the building foundation. In the case of signs, grade is the lowest point of elevation of the finished surface of the ground at the base of the sign or, in the case of a double support, the lowest point of elevation of the finished surface of the ground at the supports.

Grade, Street. The top of the curb or the top of the edge of the pavement or traveled way where no curb exists.

Height. See Rules of Measurement, Section 18.62.080 of this title.

Home Occupation. An accessory use of a dwelling unit for lawful business purposes. A home occupation is incidental to the primary use of the building as a residence.

Hospital or Sanitarium. Any institution, place, building or agency that maintains and operates organized facilities for the diagnosis, care or treatment of human illness, including convalescence and including care during and after pregnancy or that maintains and operates organized facilities for any such purpose, and to which persons may be admitted for overnight stay or longer. "Hospital" includes nursing home, maternity home and lying-in asylum.

Junkyard. A place where any of the following described materials are collected, stored or placed, except where the use or activity is conducted wholly within a completely enclosed building, including the following:

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The collection, storage or placing of worn out, discarded or scrapped goods or materials that may be turned to some use such as rope, chains, iron, copper, furniture, stoves, enamelware, paper, bottles, used pipes, used machinery, parts of dismantled machinery or vehicles.

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The collection, storage, or placing of any used material other than gems, precious metal or material containing precious metal, having a value that is determined wholly by the weight thereof.

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The collection, storage or placing of any used material other than gems, precious metal or material containing precious metal that has no ordinarily practical use in the form in which it exists when so collected, stored or placed.

Kitchen. A room for cooking or preparation of food and dishwashing, but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen.

Landscape. To plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Required landscape may include natural features, such as existing or imported rock and structural features, including fountains, pools, art work, plazas, screens, walls or fences. Plants on rooftops, porches or in boxes attached to buildings are not considered landscape.

Lighting Terms.

Architectural Lighting. Lighting which is either directed towards a building with the intent of highlighting an architectural or landscape feature or a light fixture which is architecturally ornamental in purpose.

Fully Shielded. A luminaire or light fixture that by design of the housing does not allow any light dispersion or direct glare to shine above a ninety-degree horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated and disability glare will result.

Light Trespass. Light from an artificial light source that is intruding into an area where it is not wanted or does not belong.

Uplighting. Any light source that distributes illumination above a ninety-degree horizontal plane.

Liquor Store. A retail establishment that devotes more than fifty percent of its floor area for the display, storage and sale of beer, wine, distilled or fermented liquor or related items.

Loading Space. An off-street space or berth on the same lot within a building or contiguous to a group of buildings for the temporary parking of a vehicle while loading or unloading merchandise or materials or people and which abuts on a street, service drive, alley or other appropriate means of access.

Lot. A parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the recorder of the county or parcel of real property with street frontage or acreage width of not less than specified by this code and Title 17, Subdivisions.

Lot Frontage (Signs). The length of improved property on a lot that is bordered by an improved public street from which the lot may take vehicle access. For lots without frontage (including frontage limited to driveway access) the net lot area may be used to calculate the maximum sign area.

Lot Line Types.

Lot Line, Front. The property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line, as determined by the building official upon issuance of a building permit or the demarcation made on a final or parcel map.

Lot Line, Corner. On a corner lot, the lot line dividing a lot from the street that is not considered the front lot line, as determined by the building official.

Lot Line, Rear. The line or lines, most parallel with the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

Lot Line, Side. Any lot lines other than front lot lines or rear lot lines.

Lot Types.

Lot, Corner. A lot or parcel of land situated at the intersection of two or more streets having an angle or intersection of not more than one hundred thirty-five degrees.

Lot, Double Frontage. A lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.

Lot, Flag. A lot having access to a public street by means of a private right-of-way strip that shares fee ownership with the balance of the lot.

Lot, Improved. Any land containing a principal building or otherwise improved to conduct a nonresidential activity.

Lot, Interior. A lot that is not a corner lot.

Lot, Reversed Corner. A corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, vacant. Land without buildings or other structures.

Section 18.61.020
LOT TYPES

Mining Terms.

Expansion. Increase in the intensity of mining or on-site processing operations that have an adverse impact on environmental issues, such as noise, dust creation, traffic flow or water quality or any expansion to the boundaries of the area to be mined.

Exploration or Prospecting. The search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling or any surface or underground works needed to determine the type, extent or quantity of minerals present.

Idle. To curtail for a period of one year or more surface mining operations by more than ninety percent of the operation's previous maximum annual mineral production with the intent to resume those surface mining operations at a future date.

Mined Lands. Includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, and land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property that result from, or are used in, surface mining operations are located.

Minerals. Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

Mining Waste. Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

Operator. Any person who is engaged in surface mining operations himself or herself or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.

Overburden. Soil, rock or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal, by surface mining operations.

Reclamation. The process of land treatment that minimizes water degradation, air pollution, damage to aquatic and wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition, which is readily adaptable for alternate land-uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

State Board. State Mining and Geology Board in the Department of Conservation, state of California.

State Geologist. Individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

Surface Mining Operations. All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

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In-place distillation, retortion or leaching.

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The production and disposal of mining waste.

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Prospecting and exploratory activities.

Natural Feature. Any tree, plant life, water feature or rock outcropping.

Noise Terms.

A-weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A-weighting network weighted to the range of human hearing. The level so read is designated dB ^A or dBA.

Ambient Noise. All-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, the ambient noise level is the level obtained when the noise level is averaged over a period of fifteen minutes without the inclusion of noise from isolated identifiable sources at the location and time of day near that at which a comparison is to be made.

Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action for or on public or private rights-of-way, structures, utilities or similar property.

Decibel. A unit for measuring the amplitude of a sound equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.

Emergency Work or Action. Work or action made necessary to restore property to a safe condition after a public calamity, or work required to protect persons or property from imminent exposure to danger or damage or work by public or private utilities to restore utility service.

Intrusive Noise. That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content, as well as the prevailing ambient noise level.

Noise Disturbance. Any sound which:

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Endangers or injures the safety or health of human beings or animals;

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Annoys or disturbs a reasonable person of normal sensitivities;

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Endangers or injures personal or real property.

Noise Level. A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micropascals. The unit of measurement shall be designated as dB ^A .

Real Property Boundary. An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

Sound Level Meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound levels, which meet or exceed the requirements pertinent for type S1A meters in the American National Standards Institute Specifications for sound level meters, S1.4-1971 or the most recent revision thereof.

Nonconforming Terms.

Abandoned. A use has ceased or a structure has been vacated for a time period as specified in this chapter. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining or otherwise improving or rearranging a facility.

Intensity. The measurable impacts which a use has on infrastructure, the environment or nearby property and uses.

Intensification of Use. Any change in mode or character of operations which is determined by the director likely to result in a significant new or increased impact due to potential traffic generation, noise, smoke, glare, odors, hazardous materials, water use, and/or sewage generation, shall be considered an "intensification of use" of a nonconforming use.

Nonconforming Parcel. A parcel of record that does not comply with the access, area, or width requirements of the zoning district in which the parcel is located.

Nonconforming Site. A site which contains a structure that does not comply with the setback, lot coverage, or other site requirements and/or requirements for parking, landscaping, storage and display areas, or other non-use restrictions or requirements established by the zoning ordinance or any amendments thereto, but which complied with the non-use restrictions or regulations in existence at the time of construction of the improvements.

Nonconforming Structure. A structure which by its design and construction (e.g. an industrial building in a residential district) does not conform to structures typically associated with the underlying zoning district established by this title or any amendment thereto, but which complied with the non-use restrictions or regulations in existence at the time of the construction of the building or structure.

Nonconforming Use. Any use, whether of a building, structure, or parcel (lot or tract of land), which does not conform to the land-use regulations of this title for the zone in which such use is located, either on the effective date of this title or as a result of subsequent amendments which may be made to this title or by reason of annexation of territory to the city.

"O" District. Means one or more of the following office districts: "LO" limited office or "GO" general office.

Occupancy, Change. A discontinuance of an existing use and the substitution therefore of a use of a different kind or class.

Occupied. Arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

Open-Space Terms.

Open-Space Land. Open-space land is any parcel or area of land or water which is essentially unimproved and devoted to open-space use as follows:

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Creeks, rivers, ponds and areas within the one-hundred-year floodplain of a stream, creek or river as established by the Federal Emergency Management Agency and/or hydrology study accepted by the city.

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Areas with steep slope exceeding twenty percent and other unstable soil areas.

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Areas having scenic, historic, archaeological and/or cultural value.

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Other open-space land-uses as described by the conservation and open-space element of the general plan or as defined by the state in Government Code Section 65560(b), incorporated by reference in this title and as amended from time to time.

Open-Space Easement. As defined in Government Code Section 51075(D), open-space easement is any right or interest in open-space land acquired by the city by map or separate instrument which imposes restrictions that effectively preserve for public and/or private use or enjoyment the unimproved, natural or scenic character of such open-space land.

Public Open-Space Easement. An open-space easement upon land over which the public has obtained an easement for open-space purposes whereupon the public has the right to use of the property.

Private Open-Space Easement. An open-space easement upon an area of private property that is set aside for open-space purposes whereupon the public does not have a right to access or use of the property.

Public Open-Space. Land owned by the city in fee which has been set aside for open-space purposes whereupon the public has the right to access and use of the property.

Outdoor Activity Areas.

Private. An open area outside a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

Common. An open area within a residential development reserved for the exclusive use of residents of the development and their guests.

Usable. An outdoor or fenced area on the ground or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscape, but excluding parking facilities, driveways, utility or service areas, or any required front or corner side yard and excluding any space with a dimension of less than six feet in any direction or an area of less than thirty-six square feet.

Yard. An open-space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward, except as otherwise provided in this chapter, including a front yard, side yard, corner side yard or rear yard.

Permitted. Allowed without a requirement for approval of a conditional use permit or temporary use permit.

Person. Also includes association, firm, co-partnership or corporation.

Plan Lines. Official lines established by law in accordance with the master street and highway plan of the city for the purpose of establishing the alignment and width of public streets in accordance with their projected design as provided in the master street and highway plan of the city. Buildings or other structures erected thereafter must be located outside the lines establishing the width of public streets and alleys.

Planning Commission. The city planning commission.

Porch. 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.

Preexisting. In existence prior to the effective date of this chapter.

Preservation. The act or process of applying measures to sustain the existing form, integrity and material of a building or structure and the existing form and vegetative cover of a site.

Project. Any proposal for new or changed use or for new construction, alteration or enlargement of any structure that is subject to the provisions of this chapter.

Public Parking Area. An open area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

"R" District. Means one or more of the following residential districts: "RL" rural lands, "RE" residential estate, "RS" residential single-family or "RM" residential mixed housing.

Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time.

Recycling Terms.

Processing Facility. A building or enclosed space used for the collection and processing of recyclable material and/or used motor oil by such means as flattening, mechanical sorting, compacting, bailing, shredding, grinding, crushing and cleaning.

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A light-processing facility occupies less than forty-five thousand square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.

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A heavy-processing facility is any processing facility other than a light-processing facility.

Recyclable Material. Reusable material, including, but not limited, to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials, but may include used motor oil.

Recycling Facility. A center for the collection and/or processing of recyclable materials.

Reverse Vending Machine. An automated mechanical device that accepts at least one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine.

A single-feed revenue vending machine is designed to accept individual containers one at a time.

A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.

Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property that are significant to its historical, architectural and cultural values.

Residential Density Bonus Terms.

Affordability. The economic feasibility to construct lower-income housing in the proposed development.

Affordable Housing. Housing costs as defined in Section 5005.2 of the Health and Safety Code or rents at qualifying levels for lower-income or very low-income households.

Density Bonus. An increased density of at least twenty-five percent over the maximum authorized density which is granted to a developer/property owner of a housing project agreeing to construct a prescribed percentage of lower-income units as defined by the state of California Government Code Section 65915, et seq.

Equivalent Financial Value. The cost to the developer/property owner based on the land cost per dwelling unit. This is determined by the difference in the value of the land with and without the density bonus.

Lower- and Very Low-income Households. Income limits published by the State Department of Housing and Community Development. This applies to both for-rent and for-sale housing.

Residential Structure Types.

Apartment. A room or suite of rooms occupied or suitable for occupancy as a residence for one family.

Dwelling. A building designed exclusively for residential occupancy, including single-family, duplex and multiple-family, but not including a hotel, motel, boardinghouse, asylum or jail, where people are housed by reason of illness or under legal restraint.

Dwelling Unit. One or more habitable rooms designed for occupancy by only one family for living and sleeping purposes and having a kitchen.

Dwelling, Multiple Family. A building, or portion thereof, used and designed as a residence for three or more families living independently of each other with an individual kitchen for each, including apartment houses, apartment hotels and flats, but not including automobile courts.

Residential Lot, Gross Area. The area of a lot excluding slopes that exceed twenty percent and the one-hundred-year floodplain areas recognized by the city (such as FEMA and Montgomery-Watson).

Residential Lot, Net Area. The area of a lot excluding slopes that exceed twenty percent, one-hundred-year floodplain areas recognized by the city, public and private streets, lands zoned or proposed to be zoned "OS" open-space district or "PF" public facilities district and/or areas required or proposed to be preserved in association with environmental features located on the lot (i.e., wetlands and associated buffer areas).

Room, Habitable. An unsubdivided portion of the interior of a dwelling unit, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages and similar spaces.

School, Elementary or High. An institution of learning that offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. High schools include junior and senior.

Setback Line. A line within a lot parallel to a corresponding lot line that is the boundary of any specified front, side, corner side or rear yard or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, corner side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.

Shopping Center. A unified group of retail businesses and service uses on a single site with common parking facilities. A shopping center may include pads for future buildings.

Sign Terms.

Abandoned Sign. Advertising display that was lawfully erected, but whose use has ceased or the structure upon which the sign was displayed has been abandoned by its owner for a period of not less than thirty days.

Accessory Sign. A secondary-in-purpose sign that provides on-site information concerning the business that is not indicated on the primary identification sign(s), such as store hours, accepted credit cards, quality ratings or affiliations, vacancies, parking and traffic direction.

Advertising. Any promotion primarily intended to attract attention to goods or services rendered upon property whereupon the advertising is occurring.

Aggregate Sign Area. The total area of all signs on a lot, including temporary promotional signs.

Animated Sign. Any sign that has mechanical movement, rotation or change of lighting to depict action or create a special effect or scene.

Approved Combustible Materials. Wood or materials not more combustible than wood.

Approved Combustible Plastics. Plastics that, when tested in accordance with ASTM standard method of testing for flammability of plastics over 0.050-inch thickness (D635-44), burn no faster than two and one-half inches per minute in sheets of 0.06-inch thickness.

Appurtenant Sign. A sign pertaining to the business or activity carried on at the premises (lot) upon which the sign is located, constructed or erected.

Architectural Feature. Prominent or characteristic part of a building. Examples of architectural features are windows, columns, awnings, marquees and fascias.

Awning. A cloth, plastic or other flexible nonstructural covering that is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.

Awning Sign. A sign incorporated into or attached to an awning or canopy.

Banner. A sign of temporary construction made of vinyl, canvas or equally similar flexible material.

Beacon or Searchlight. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

Billboard. A freestanding, off-site sign made available for lease or rent and/or governed by the Outdoor Advertising Act.

Canopy. A permanent roof-like shelter, either freestanding or supported by a building.

Canopy Sign. Any advertising of any nature that is painted, printed, sewed or otherwise attached to a canopy.

Changeable Copy Sign. A sign on which the copy changes manually or automatically using, but not limited to, a lamp bank or through mechanical means. This includes, but is not limited to, electronic message boards, large television or projector screens (i.e., Sony Jumbo/tron and similar devices), or electrical or electronic time and temperature units.

Conforming Sign. A sign shall be said to conform when it meets all the standards and regulations established by this chapter and the Uniform Building Code as adopted by the city.

Copy. Any graphic, letter, numeral, symbol, insignia, text, sample, model, device or combination thereof, which relates to advertising, identification or notification.

Design Review Manual. A policy document with graphics and text that is used by the city to further clarify the meaning of this chapter and to judge the appearance and acceptability of proposed signs and murals that require design review as part of permit approval.

Detached Sign. A pole, monument or shopping center identification sign.

Directional Sign. An on-site accessory sign designed to guide or direct pedestrian or vehicular traffic.

Donor. Any person, group of people, organization(s) or business(es) who finances a building mural.

Double Frontage Lot. A parcel having lot frontage on two or more streets.

Electrical Code. The Electrical Code of the city.

Electronic Message Board. A sign that uses lighting to advertise goods and services and has the capability of changing the advertising message several times during a single hour (refer to Changeable Copy Sign).

Enforcement Officer. The public employee(s) or officer designated by the development services director of the city to perform the duties imposed by this chapter on the enforcement officer.

Flag or Patriotic Symbol. Any fabric, banner or bunting containing distinctive colors or patterns recognized by the Congress of the United States as an American or state flag, also government and flags of state-recognized political subdivisions.

Freeway. A restricted access highway with no at-grade intersections. Freeways within the City limits are Interstate 5, Highway 299 between Interstate 5 and the eastern City limits, and Highway 44 between Continental Street and the eastern City limits.

Freeway Sign. A freestanding sign oriented to and designed to be viewed from a freeway.

Freeway Travel Lane. Any freeway through lane, any lane providing direct connection from one freeway to another, and any freeway on-ramp or off-ramp.

Illegal Sign. A sign that (1) was erected without first complying with all ordinances and regulations in effect at the time of its construction; (2) was legally erected but whose use has ceased or has been abandoned, has not been maintained, or is not used to identify or advertise a business for thirty consecutive days or more; (3) was legally erected but that later became illegal as a result of the completion of the amortization period; or (4) is a sign that is a danger to the public, is unsafe, or is a traffic hazard.

Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purposes of illuminating the sign.

Logo. A graphic symbol, picture, image or lettering used separately by a business in connection with other advertising to promote the sale of goods and services by the owner of the logo.

Marquee. A permanent roofed structure attached to and wholly supported by a building that may project beyond the building.

Marquee Sign. Any advertising matter of any nature that is attached to a marquee.

Monument Sign. A detached sign with a solid base equal to or greater than the length of the sign copy and connected solidly to and arising from the ground.

Nameplate. A sign that displays only the name, address and occupation of the occupant of the premises, is illuminated, and does not exceed four square feet.

Nonconforming Sign. An existing sign that does not meet the requirements of this chapter but was erected in conformance with the regulations of a previous sign ordinance and has been in continual use since its establishment.

Off-Site Sign. A sign located off the premises indicated by such sign. This includes billboards. Any sign that advertises a business no longer on the lot where the sign is located and where the business has relocated elsewhere in the city or county shall be considered an off-site sign and must meet the requirements of this chapter; otherwise, such sign shall be illegal.

On-Site Sign. A sign that designates the activities and uses of the premises on which it is located. An on-site sign is also known as an appurtenant sign.

Pennant. Any all-weather lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

Pole Sign. A detached sign that is supported by one or more uprights, poles or braces in or upon the ground or by a structure other than a building that meets the height, size, landscape, location and illumination requirements of this code. To qualify as a pole sign, the cabinet or frame (or equivalent) bottom shall be elevated at least seven feet above grade. A pole with an advertising flag having sign copy or logo shall be considered a pole sign.

Portable Sign. A sign other than a temporary approved sign not permanently attached to the ground or building and used for on- or off-site advertisement purposes. Portable signs include, but are not limited to, signs displayed on vehicles, trailers, and A-frame signs.

Projecting Sign. A sign that is suspended from or supported by any building or structure and that projects outward from the supporting structure. An extended wing wall may be considered a projecting sign if it has advertising and does not serve a structural purpose.

Promotional Temporary Signs. Signs that may be constructed of all-weather material including vinyl, canvas or similar material, and are intended for, but are not limited to, the intended uses of a contractor, builder, realtor, political group and retail store owners including grand openings, going-out-of-business and special promotional sales, and public service promotions.

Public Service, Seasonal or Special Community Event Signs. Temporary signs used for special occasions that are installed for a specific limited period of time established by this chapter.

Real Estate Development Sign. A temporary off-site sign advertising the sale or lease of newly developed residential subdivisions, residential condominiums and residential planned developments containing at least five lots or at least ten dwelling units. A sign advertising for projects less than the number of lots or units noted above is defined as a real estate sign.

Real Estate Sign. A temporary sign advertising the sale or lease of a lot or parcel of land or any portion thereof upon which the sign is located.

Roof Line. The top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

Roof Sign. A sign located on or attached to the roof of a building.

Shopping Center Identifier or Locator Sign. A detached appurtenant sign larger than a pole sign in height and area that identifies the name of a shopping center having at least three hundred thousand square feet of enclosed retail floor area. Such signs are intended to be viewed from adjacent four- to six-lane arterial traffic.

Sign. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, identify the purpose of a person or entity or communicate information of any kind to the public.

Sign Area. Sign area shall be computed by measuring the entire area contained within the frame cabinet, including all ornamentation or decoration used to attract attention. In computing the maximum permissible sign area or display surface, standard mathematical formulas for known or common shapes will be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used. The structure or structure cover supporting a sign shall not be included in determining the sign area unless the structure or structure cover contains advertising copy. The area of double-face signs shall be computed by using one side, and multi-faced signs shall be the total sum of all display surfaces. The sign copy of a multi-faced sign can be viewed from one position. For balloons and dirigibles, the advertising area shall be based on the largest cross-sectional area of grouped or individual (ungrouped) balloons.

Sign Height. The vertical distance measured from the base of the sign at normal grade to the top of the highest attached component of the sign or sign structure.

Sniping. Advertising by the pasting, posting, sticking, tacking, hanging, affixing or placing on cloth, paper or cardboard bills, cards or posters, or metal signs, to or upon fences, posts, trees, buildings, structures or surfaces other than outdoor advertising structures. Sniping is unlawful within the city. This definition shall not be held to include any sign or notice issued by any court or public office or posted by any public officer in performance of a public duty or by a private person in giving a legal notice, or any cloth, paper, or cardboard sign advertising for sale or lease the property upon which it stands or any type of sign permitted elsewhere in this chapter.

State-of-the-Art Sign Design. A sign technology that includes, but is not limited to, electronic message boards, Sony Jumbo/tron, etc., that develops or occurs following the adoption of the sign ordinance.

Supergraphic Wall Sign. A wall advertising with large lettering, business logos and/or murals that include any advertising message relating to the goods and services sold by the owner of the sign. This type of wall sign sometimes includes a single contrasting band of color, or bright bands of color, or lines that are connected to the wall graphics, physically or visually; and if the bands of color and/or lettering, business logos, and murals extend onto the surface of another wall or side of the building, the bands of color or lines may be considered part of the supergraphic wall sign for the purpose of sign measurement. Where there is at least a five-foot separation between the advertising and graphic, then the graphic may not be considered as supergraphic.

Temporary Sign. A sign not constructed or intended for long-term use. The maximum frequency and length of display shall be as set forth Section 18.42.040(R). Temporary signs include, but are not limited to, banners, displays for public-service promotions, on-site or off-site real estate signs and construction signs, balloons and dirigibles, beacons and searchlights, political signs, and window-painted signs.

Time and Temperature Signs. A sign that provides information about time and temperature in the public's interest without transmitting any advertising message.

Wall Mural. A mural applies to representative or nonrepresentative art. Murals usually depict a well-known local landscape scene, are not used as a logo, and do not contain any lettering or numbering relating to the goods or services sold by the owner of the mural. A wall mural may occupy the same wall surface with any type, company name or logo, but these advertising messages shall have their own field and shall not physically overlap or be included within the viewing field of the mural. When a mural lacks a border, then the entire contrasting color surface of the wall may be considered as the entire sign area.

Wall Sign. A sign that is attached to or placed directly onto a parapet or wall of a building. This includes, but is not limited to, signs supported by a wall, painted signs, supergraphics, murals, etc.

Window Sign. Any sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or within twelve inches of the window surface or upon the window panes or glass and is visible from the exterior of the window.

Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this chapter and is in a single ownership or under unified control.

Story. That part of any building included between the surface of any floor and the surface of the next floor or of the roof next above.

Half Story. A story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-third of the floor area immediately below it.

Stream Buffer Terms.

Riparian Vegetation. An association of plant species growing adjacent to, and dependent upon, freshwater courses, including perennial and intermittent streams, lakes and other bodies of freshwater.

Top of Bank. That area associated with a stream that contains the normal winter stream flows. In cases where the top of bank is not obvious or is in dispute, it shall be determined based on the area containing a ten-year flood event. In the case of streams with multiple channels, top of bank shall be the outermost bank of the stream. In no case, however, shall top of bank exceed the defined limits of the one-hundred-year flood event as determined under the procedures of this code.

Street. A public thoroughfare that affords principal means of access to a block and to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley as defined in this chapter.

Street Line. The boundary between a street and property.

Structural Alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground or under the ground.

Swimming Pool and Hot Tub Terms.

Grade. The underlying surface such as earth or a walking surface.

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

Swimming Pool or Pool. Any structure intended for swimming or recreational bathing that contains water over eighteen inches deep. Swimming pool includes in-ground and aboveground/onground structures and includes, but is not limited to, hot tubs, spas, portable spas and non-portable wading pools.

Swimming Pool, Indoor. A swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of such structure.

Swimming Pool, Outdoor. Any swimming pool which is not an indoor pool.

Targeted Housing Units. Those units intended to be affordable to lower- and very low-income households.

Transmission Line. An electric power line bringing power to a receiving or distribution substation.

Telecommunication Terms.

Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or receiving of electromagnetic radio frequency waves.

Building-Mounted. An antenna that is affixed to or supported by the roof or exterior wall of a building or other structure.

Ground-Mounted. An antenna that is fully or partially supported by a platform, framework, pole or other structural system that is affixed to or placed directly on or in the ground.

Collocation. The location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this chapter, collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards and other utility facilities and structures.

Communication Tower. Any structure that is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.

Electromagnetic Radio Frequency Waves. Waves of electric and magnetic energy radiating away from a transmission source to be picked up by a receiving antenna for the purpose of communicating information.

Wireless Communication Facility. A facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.

Tent. A structure, enclosure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the contents it protects.

Tree Terms.

Candidate Tree(s). A single healthy tree or group of healthy trees warranting consideration for preservation by virtue of its value to the community, the immediate neighborhood, or the natural environment in recognition of the existence of one or more of the following attributes:

■

It is an outstanding specimen of its species in terms of aesthetic quality as determined by shape and branch structure;

■

It is one of the largest or oldest trees in Redding that also has historical or neighborhood interest;

■

It adds significantly to the environment of the city because of its location, distinct form, unique species, or other identifying characteristics;

■

It is in a location which is connected to a larger natural woodland system, such as a permanent open-space area, and which is likely to be self-supporting over time;

■

It serves a desirable function, such as buffering dissimilar land uses, or is a component of an overall landscape plan.

Cutting. The detaching or separating from a protected tree any limb, branch, or root. Cutting shall include pruning and trimming.

dbh (diameter at breast height). The trunk diameter measured at four and one-half feet above the ground (diameter = circumference ÷ 3.142).

Damage. Any action undertaken which may cause death or significant injury, or which places the tree in a hazardous condition or in an irreversible state of decline. This includes, but is not limited to, cutting, topping, girdling, poisoning or root disturbance.

Developed Property. Any individual lot that is occupied by a principal building. A principal building is one in which is conducted the principal use of the lot on which it is located based on the zoning of the lot.

Discretionary Projects. Projects shall include, but not be limited to, those projects subject to: a use permit (including administrative use permit), a parcel map, a tentative subdivision map, a site-plan review, a variance, a rezone or a planned development.

Drip Line. The area identified by extending a vertical line from the outermost portion of the limb canopy to the ground, with its axis parallel to the trunk.

Landmark or Heritage Tree. Any tree that has been specifically placed on the Landmark and Heritage Tree Plan as established by Chapter 13.40 of this code.

Person. Any natural person, partnership, firm, corporation, governmental agency or other legal entity.

Preserved Tree. A tree that is required to be preserved and protected under discretionary project approval.

Qualified Professional. Includes an individual approved by the city who has one or more of the following qualifications:

■

Registered Professional Forester. A person who holds a valid license as a professional forester pursuant to the provisions of the State Code.

■

Certified Arborist. A person who holds a current certificate from the western chapter of the International Society of Arboriculture.

■

Biologist. A person who demonstrates expertise in the biological sciences related to oak woodlands of the variety prevalent in the Redding area through an appropriate combination of education, training, and experience and is judged by his or her profession to be able to represent the profession in a competent manner.

Removal. The physical removal of a tree, or causing the death of a tree through damage, poison, or other direct or indirect action.

Shrub. A woody plant of relatively low height, distinguished from a tree by its height and having several stems.

Tree. A perennial plant having a self-supporting woody main stem or trunk usually characterized by the ability to grow to considerable height and size and to develop woody branches at some distance above the ground. It is usually distinguished from a bush or shrub by its size, manner of growth, and usual botanical nomenclature. Perennial shrubs are not classified as trees in this chapter. As stated in Section 1.04.010, the singular "tree" includes the plural "trees," and the plural the singular.

Undeveloped Property. Property that does not contain a "principal building." A principal building is one in which is conducted the principal use of the lot on which it is located based on the zoning of the lot.

Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road.

Yard. An area between a lot line and a setback line, unobstructed and unoccupied from the ground upward, except for projections permitted by these regulations.

Yard, Corner Side. An area extending across the full width of the lot between the corner side lot line and the nearest line of the building.

Yard, Front. An area extending across the full width of the lot between the front lot line and the nearest line of the building. The front yard may face either street frontage of a corner lot as determined by the building official upon issuance of a building permit. For double frontage lots, the front yard faces each street frontage from which access is permitted.

Yard, Rear. An area extending the full width of the lot between a rear lot line and the nearest line of the building.

Yard, Side. An area extending from the front yard to the rear yard between the nearest side lot line and the nearest line of the building.

(Ord. 2403 § 13 (part), 2008; Ord. 2381 § 17, 2007; Ord. 2369 § 2, 2006; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2443, § 7, 10-26-2009; Ord. No. 2450, § 5, 1-19-2010; Ord. No. 2521, § 3, 4-7-2015; Ord. No. 2570, § 9, 4-4-2017; Ord. No. 2571, § 3, 4-4-2017; Ord. No. 2584, § 17, 3-20-2018; Ord. No. 2590, § 28, 8-21-2018; Ord. No. 2606, § 17, 6-18-2019)

This section explains how various measurements referenced in this zoning ordinance are to be calculated.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The floor area ratio shall be measured as the proportion of allowable building floor area per area of the parcel of land upon which the building rests. For purposes of calculating the floor area ratio, gross floor area associated with the following is excluded: (a) attic space having a headroom of seven feet or less, (b) space devoted exclusively to enclosed parking and loading, (c) a utility room or furnace room, and (d) basement space.

Section 18.62.030

Floor Area Ratio

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The total land area covered by all principal and accessory structures on a site, including projections, shall be considered in determining lot coverage except the following:

A.

Eaves projecting less than two and one-half feet from a building.

B.

Trellises and similar structures that do not have solid roofs.

C.

Uncovered and unenclosed swimming pools, spas, patios, sport courts, decks, porches, landings, balconies and stairways (the portion of which is less than thirty inches above grade).

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2590, § 29, 8-21-2018)

When calculations result in fractions the results will be rounded as follows:

A.

Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result will be rounded to the next whole number. For example, if a minimum requirement of one tree for every thirty feet is applied to a fifty-foot strip, the resulting fraction of 1.37 is rounded up to two required trees.

B.

Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result of one-tenth or above will be rounded to the next whole number (fractions shall be truncated at the first decimal place). For example, if a maximum limit of one dwelling unit for every twenty thousand square feet in the "RE-20" district is applied to a fifty-six thousand square-foot site, the resulting fraction of 2.8 is rounded up to three allowed dwelling units. However, the maximum density permitted within the range established by the general plan cannot be exceeded.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area or other object. These distances are not measured by following the topography of the land. See Figure 18.62.060-A.

Section 18.62.060-A and D

Measuring Distances

B.

Measurements are of the Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects. See Figure 18.62.060-B. Exceptions are stated in subsections C, D, and E of this chapter.

("X" is measured to the foundation)

Section 18.62.060-B

Measuring Shortest Distance

C.

Measurement of Vehicle Stacking or Travel Areas. The minimum travel distance for vehicles, such as garage-entrance setbacks and stacking-lane distances, is measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane.

D.

Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Chimneys, eaves, and bay windows up to twelve feet in length are not included in the measurement. Other features, such as covered porches and entrances, are included in the measurement.

E.

Underground Structures. Structures or portions of structures that are entirely underground are not included in measuring required distances. See Figure 18.62.060-C.

Section 18.62.060-E

Underground Structures

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Zone boundaries that are shown crossing lots are usually based on a topographic feature, floodplain limits, a certain distance from a stream corridor or a right-of-way line. When zone boundaries are shown crossing properties with no clear indication of the basis for the line, exact distances are to be determined by scaling the distances from the zoning map using the center of the zoning line on the map.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Measuring Building Height. Height of buildings is measured as provided in this code. The height of buildings is the vertical distance above the finished grade adjacent to the structure and the highest point on the roof. For a flat roof, the measurement is made to the top of the parapet or, if there is no parapet, to the highest point of the roof. The measurement is made to the deck line of a mansard roof or to the height of the highest gable of a pitched or hipped roof. For other roof shapes, such as domed, vaulted, or pyramidal shapes, the measurement is to the highest point. See Figure 18.62.080-A and -B.

A = HEIGHT OF BUILDING AT ANY POINT ALONG SLOPE

Section 18.62.080-A

Measuring Height - Sloping Lots

B.

Measuring Height of Other Structures. The height of other structures, such as fences, is the vertical distance from the ground level immediately under the structure to the top of a structure. Special measurement provisions are also provided below.

1.

Measuring Height of Retaining Walls and Fences. Retaining walls and fences on top of retaining walls are measured from the ground level on the higher side of the retaining wall.

Section 18.62.080-B

Measuring Height - Roof Types

2.

Measuring Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck if there is no rail or if the rail walls are more than fifty percent open and from the ground to the top of the rails for all other situations.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line.

B.

Lot Width. The horizontal distance between the side lot lines measured at the front property line and at the front building-setback line.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Setbacks shall be measured as depicted in the following figure. Building setbacks are measured from the foundation line.

STREET

Section 18.62.100

Setbacks

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Certain regulations allow for setbacks to be averaged. In these situations, the required setback may be reduced to the average of the existing setbacks of the lots that are on both sides of the site. See Figure 18.62.110. The following rules apply in calculating the average:

Section 18.62.110

Setback Averaging

A.

The setbacks used for the calculations must be the same type of setback that is being averaged. For example, only garage-entrance setbacks can be used to average a garage-entrance setback.

B.

Only the setbacks on the lots that are on the same street side may be used. Setbacks across the street or along a different street may not be used.

C.

When one abutting lot is vacant or if the lot is a corner lot, then the average is of the setback of the abutting nonvacant lot and the required setback for the vacant lot.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Whenever this zoning ordinance refers to a distance other than a "walking distance," the measured specified distance from a particular project shall be measured the required distance in a straight line, without regard to intervening structures or objects, from all points along the lot line of the subject project.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Sign Area. The sign area shall be measured as the area within the smallest perimeter that will enclose all the letters, figures or symbols which comprise the sign, but excluding essential supports. For double-faced signs, the area will be the total of one side. For multi-faced signs, area will be the total of all faces.

B.

Sign Height. The sign height shall be measured as the dimension determined by measuring the distance between the highest point of the actual sign face and the finished grade directly below it. Sign height shall be measured in feet.

Section 18.62.130

Sign Area

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)