For the purpose of carrying out the intent of this title, the following words, phrases and terms have the meaning ascribed to them in this section.

Words used in the present tense include the future. Words in the singular number include the plural. Words in the plural number include the singular. "Shall" is mandatory.

"City council" means the city council of the city of Rialto; "commission" and "planning commission" mean the planning commission of the city of Rialto, and "city" means the city of Rialto.

(1965 code Title XII, Ch. 2, § 2)

"Accessory building" means a detached subordinate building the use of which is incidental to that of the main building or main use of the land on the same lot. A garage attached to the main building is considered a part of the main building.

(1965 code Title XII, Ch. 2, § 3 (part))

"Accessory living quarters" mean living quarters within an accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.

(1965 code Title XII, Ch. 2, § 3 (part))

"Accessory use" means a use incidental and subordinate to the principle use of a lot or building located upon the same lot as the accessory use.

(1965 code Title XII, Ch. 2, § 3 (part))

"Airport" means any area which is used or is intended to be used for the taking-off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxi-ways and tiedown areas.

(1965 code Title XII, Ch. 2, § 3 (part))

"Alley" means a public way at the rear or side of property, not exceeding thirty feet in width for the use of pedestrians and/or vehicles, which affords only a secondary means of access to the abutting property.

(1965 code Title XII, Ch. 2, § 3 (part))

"Apartment" means a room or suite of rooms in a multiple dwelling, designed for, intended for, suitable as a residence for and/or occupied by one household unit.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

"Apartment hotel" means a building or any portion thereof, designed for, or containing both individual guest rooms or suites of rooms and dwelling units.

(1965 code Title XII, Ch. 2, § 3 (part))

For "apartment house," see "dwelling, multiple," Section 18.04.270.

(1965 code Title XII, Ch. 2, § 3 (part))

"Amusement arcade" means any building or portion thereof in which there are located, installed or placed more than five amusement machines required to be licensed under Section 5.04.130 of this code.

(Ord. 849 (part), 1982)

"Auto and/or trailer camp" means land or premises used or intended to be used, let or rented for camping purposes by two or more camping parties, trailers, tents, trailer coaches or movable or temporary dwellings.

(1965 code Title XII, Ch. 2, § 3 (part))

"Automobile and trailer sales area" means an open area used for the display, sale or rental of new or used automobiles or trailers, and where repair work is limited to minor incidental repair of automobiles or trailers to be displayed, rented or sold on premises.

(1965 code Title XII, Ch. 2, § 3 (part))

"Automobile service station" means any building, structure, premises, or other place used primarily for the serving of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies relating to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing (not including automatic car wash) and grease racks, but excluding automobile repairs, body and fender works, engine overhauling and other similar activities.

(1965 code Title XII, Ch. 2, § 3 (part))

"Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or partially dismantled, obsolete or wrecked vehicles or their parts.

(1965 code Title XII, Ch. 2, § 3 (part))

"Basement" means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining grade; if the finished floor level directly above a basement is more than six feet above grade at any point, such basement is considered a story.

(1965 code Title XII, Ch. 2, § 3 (part))

"Boarding house" means a dwelling or portion thereof consisting of not more than five guest rooms and where lodging and/or meals are provided for five but not more than fifteen persons, not including members of the occupant's immediate family who might be occupying such building, and not including rest homes.

(1965 code Title XII, Ch. 2, § 3 (part))

"Building" means a permanently located structure having a roof, but excluding all forms of vehicles, even if immobilized.

(1965 code Title XII, Ch. 2, § 3 (part))

"Building height" means the vertical distance from the average finished ground level of the site covered by the building to the highest point of the structure exclusive of chimneys and ventilators.

(1965 code Title XII, Ch. 2, § 3 (part))

"Main building" means a building within which is conducted the principal use permitted on the lot, as provided by this title.

(1965 code Title XII, Ch. 2, § 3 (part))

"Building site" means the ground area occupied or to be occupied by a building or group of buildings together with all open spaces as required by this title.

(1965 code Title XII, Ch. 2, § 3 (part))

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

(1965 code Title XII, Ch. 2, § 3 (part))

"Cash for gold facility" means an establishment that is in the business of accepting gold, silver, and other precious metals primarily from jewelry, in exchange for monies.

(Ord. No. 1524, § 1, 3-26-13)

"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

(1965 code Title XII, Ch. 2, § 3 (part))

"Private club" means 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.

(1965 code Title XII, Ch. 2, § 3 (part))

"Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings.

(1965 code Title XII, Ch. 2, § 3 (part))

For "duplex," see "dwelling, two family," Section 18.04.290.

(1965 code Title XII, Ch. 2, § 3 (part))

"Dwelling" means a building or portion thereof designed exclusively for residential purposes, including one family, two family and multiple family dwellings, but not including hotels, boarding and lodging houses.

(1965 code Title XII, Ch. 2, § 3 (part))

"Dwelling group" means a group of two or more detached buildings used or intended to be used as one family, two family or multiple family dwellings located on a single lot, together with all of the open spaces required by this title, but not including tourist courts, motor courts or motels or any other commercial uses.

(1965 code Title XII, Ch. 2, § 3 (part))

"Multiple family dwelling" means a building or portion thereof used and/or designed as a residence with separate and independent dwelling units.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

"One family dwelling" means a detached building designed and/or used as a single dwelling unit with no use other than as a residence.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

"Two family dwelling" means a building designed and/or used with two dwelling units, with each dwelling unit a separate and independent residence with no use other than as a residence.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

"Dwelling unit" means a building or portion thereof used and/or designed for human occupancy for living, eating or sleeping purposes and having at least one kitchen in conformance with the Uniform Housing Code.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

"Educational institution" means a school, college or university, supported wholly or in part by public funds and other colleges, universities or other schools which offer instructions in several branches of learning and study as prescribed by the California State Board of Education.

(1965 code Title XII, Ch. 2, § 3 (part))

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay; as defined and used in Section 50801(e) of the California Health and Safety Code or as may be amended.

(Ord. No. 1499, § 1, 2-14-12; Ord. No. 1642, § 2, 7-14-20)

"Entertainment establishment" means any live entertainment, dancing, nightclubs, comedy clubs and entertainment clubs, unless such use is clearly incidental to a sit-down restaurant or other nonentertainment oriented use. This definition does not include any "adult use" or "adult business" as defined in Chapter 18.105.

(Ord. 1275 § 1, 1998)

"Family" means one or more persons living together as a single nonprofit housekeeping unit in a dwelling unit in conformance with the Uniform Housing Code.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

"Front wall" means the wall of a building or structure nearest the street upon which the building fronts, but excluding certain architectural features as cornices, canopies, eaves, or embellishments.

(1965 code Title XII, Ch. 2, § 3 (part))

"Private garage" means an accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building.

(1965 code Title XII, Ch. 2, § 3 (part))

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

(1965 code Title XII, Ch. 2, § 3 (part))

For "guest house," see "accessory living quarters," Section 18.04.030.

(1965 code Title XII, Ch. 2, § 3 (part))

"Guest room" means a room which is designed and/or used by one or more nonpaying guests for sleeping purposes, but in which no provision is made for cooking.

(Ord. 1376 § 1 (part), 2005: 1965 code Title XII, Ch. 2, § 3 (part))

"Half story" means a story under a gable, hip or gambrel roof, plates of which are not more than two feet above the floor of such story.

(1965 code Title XII, Ch. 2, § 3 (part))

"Home occupation," as used in this title, means the accessory use, business or commercial in nature, of a residential dwelling unit by the person or persons residing therein. Such use must be clearly incidental and secondary to the principal use of the structure for dwelling purposes, must not alter the residential character of the dwelling unit or the character of the surrounding neighborhood, and must fully comply with all of the provisions contained in Chapter 5.68.

(Ord. 1300 § 2, 1999: 1965 code Title XII, Ch. 2, § 3 (part))

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured or deformed persons and including sanitariums, rest homes, homes for the aged, alcoholic sanitoriums, institutions for the cure of chronic drug addicts and mental patients.

(1965 code Title XII, Ch. 2, § 3 (part))

"Hotel" means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite.

(1965 code Title XII, Ch. 2, § 3 (part))

"Junkyard" means primary or accessory use of a parcel of land for the storage, dismantling or selling of cast-off or salvage material of any sort in other than the original form in which it was manufactured and/or assembled and not including reconditioned secondhand furniture or fixtures sold from within a walled building.

(1965 code Title XII, Ch. 2, § 3 (part))

"Kennel" means any lot or premises on which more than three dogs at least four months of age are kept, boarded or trained.

(1965 code Title XII, Ch. 2, § 3 (part))

"Kitchen" means any room, all or any part of which is designed and/or used for cooking and the preparation of food.

(1965 code Title XII, Ch. 2, § 3 (part))

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

(1965 code Title XII, Ch. 2, § 3 (part))

"Lot" means:

A.

A parcel of land with a separate and distinct number or other designation shown on a plot recorded in the office of the county recorder of San Bernardino County;

B.

A parcel of real property delineated on an approved record of split filed in the office of the planning commission and abutting at least one street; or

C.

A parcel of real property containing not less than five thousand square feet abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of the ordinance codified in this title.

(1965 code Title XII, Ch. 2, § 3 (part))

"Lot area" means the total horizontal area included within lot lines of a lot.

(1965 code Title XII, Ch. 2, § 3 (part))

"Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines, provided that the angle of intersection does not exceed one hundred thirty-five degrees.

(1965 code Title XII, Ch. 2, § 3 (part))

"Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

(1965 code Title XII, Ch. 2, § 3 (part))

"Lot frontage" means the dimension of lot or portion of a lot abutting on a street, except the side of a corner lot.

(1965 code Title XII, Ch. 2, § 3 (part))

"Interior lot" means a lot other than a corner lot.

(1965 code Title XII, Ch. 2, § 3 (part))

"Key lot" means the first lot to the rear of a reversed corner lot and not separated by an alley.

(1965 code Title XII, Ch. 2, § 3 (part))

"Front lot line" means in the case of an interior lot, a line separating the lot from a street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.

(1965 code Title XII, Ch. 2, § 3 (part))

"Rear lot line" means a line which is opposite and most distant from the front lot line, and, in the case of an irregular, triangular or goreshaped lot, a line within the lot at least ten feet in length parallel to and at the maximum distance from the front lot line.

(1965 code Title XII, Ch. 2, § 3 (part))

"Side lot line" means any lot line other than the front or rear lot lines.

(1965 code Title XII, Ch. 2, § 3 (part))

"Reversed corner lot" means a corner lot which rears upon the side of another lot, whether or not across an alley.

(1965 code Title XII, Ch. 2, § 3 (part))

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.

(1965 code Title XII, Ch. 2, § 3 (part))

"Lot width" means the average horizontal distance between side lot lines measured at right angles to the lot depth.

(1965 code Title XII, Ch. 2, § 3 (part))

Editor's note— Ord. No. 1594, § 5(A), adopted November 14, 2017, repealed § 18.04.585, which pertained to the definition of a medical marijuana dispensary and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

"Motel" means a building or group of two or more detached, semidetached buildings containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor courts, tourist courts, and similar designations.

(1965 code Title XII, Ch. 2, § 3 (part))

"Nonconforming structure" means a building lawfully existing at the time of the adoption of this title which does not conform to the regulations for the district in which it is located as set forth in this title.

(Ord. 1376 § 1 (part), 2005: 1965 code Title XII, Ch. 2, § 3 (part))

"Nonconforming use" means a lawful use of a building or land, or any part thereof, existing at the time of the adoption of this title which does not conform to the regulations for the district in which it is located as set forth in this title.

(Ord. 1376 § 1 (part), 2005: 1965 code Title XII, Ch. 2, § 3 (part))

"Automobile parking space" means space within a public or private parking area or in a building for the temporary parking or storage of one automobile according to standards adopted by the planning commission.

(1965 code Title XII, Ch. 2, § 3 (part))

[Parolee] shall mean one of the following:

"Parolee, Federal" means an individual convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal parole officer.

"Parolee, State Adult" means an individual who is serving a period of supervised community custody, as defined in Penal Code Section 3000, following a term of imprisonment in a state prison, and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division.

"Parolee, Youth Authority" means an adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a youth authority parole officer.

(Ord. No. 1463, § 2, 4-13-10)

"Radiator repair" means dismantling, cleaning, repairing and reassembling a radiator of any automobile or other vehicle driven to the premises. All radiators from wrecked or nonoperative automobiles or other motor vehicles are removed at the garage in which the automobile or other motor vehicle is being restored and the radiator only is brought to the premises for repair, returning same back to garage when work is finished.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

"Rest homes" means a building where lodging and meals, and nursing, dietary or other personal services are rendered to convalescents, invalids, or aged persons, for compensation, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in sanitariums and hospitals.

(1965 code Title XII, Ch. 2, § 3 (part))

For "rooming house," see "boarding house," Section 18.04.150.

(1965 code Title XII, Ch. 2, § 3 (part))

"Room and board facility" means a residence or dwelling, other than a hotel or motel, wherein one or more rooms, with or without individual or group cooking facilities, are rented, leased or subleased to individuals under separate rental agreements, leases or subleases, either written or oral, whether the owner resides at the residence or dwelling or does not reside at the residence or dwelling, but excluding residential, community or group care facilities.

(Ord. 1376 § 1 (part), 2005)

(Ord. No. 1463, § 2, 4-13-10)

For "school," see "educational institution," Section 18.04.310.

(1965 code Title XII, Ch. 2, § 3 (part))

"Sign" means any words, letters, figures, numerals, emblems, artwork, pictures, paintings, designs, or other marks shown on any card, cloth, paper, metal, glass, wood, plaster, stone or other surface or device of any kind or character by which anything is made known or communicated and used to attract attention or communicate a message to any individual by visual images, and not otherwise defined by statute, ordinance, or regulation as graffiti.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

"Story" means that portion of a building included between the surface of any floor and the surface of any floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

(1965 code Title XII, Ch. 2, § 3 (part))

"Half-story" means a story with at least two of its opposite sides meeting a sloping roof, not more than two feet above the floor of such story.

(1965 code Title XII, Ch. 2, § 3 (part))

"Street" means a public thoroughfare which affords the principal means of access to abutting property, other than an alley.

(1965 code Title XII, Ch. 2, § 3 (part))

"Structure" means anything constructed or built, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground.

(1965 code Title XII, Ch. 2, § 3 (part))

"Structural alterations" means any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams or girders, floor joists or roof joists, roof rafters, foundations, piles or similar components.

(1965 code Title XII, Ch. 2, § 3 (part))

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community; as defined by Section 50675.14 of the California Health and Safety Code.

(Ord. No. 1642, § 2, 7-14-20)

"Target population" means persons, including persons with disabilities, and families who are "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code or individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside as defined in Section 50675.14 of the California Health and Safety Code or as may be amended.

(Ord. No. 1642, § 2, 7-14-20)

"Automobile trailer" means a vehicle designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property including a trailer coach, house trailer, and for this chapter including self-propelled vehicles used for human habitation.

(1965 code Title XII, Ch. 2, § 3 (part))

"Transitional housing" means temporary rental housing intended for occupancy by target populations transitioning to permanent housing that is operated under program requirements calling for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in Section 50675.2(h) of the California Health and Safety Code or as may amended.

(Ord. No. 1499, § 1, 2-14-12; Ord. No. 1642, § 2, 7-14-20)

"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

(1965 code Title XII, Ch. 2, § 3 (part))

"Yard" means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.

(1965 code Title XII, Ch. 2, § 3 (part))

"Front yard" means a yard extending across the front of the lot between the main building and the front lot lines; depth of the required front yard to be measured horizontally from the nearest part of a main building toward the nearest point of the front lot line.

(1965 code Title XII, Ch. 2, § 3 (part))

"Rear yard" means a yard extending across the full width of the lot between the main building and the rear lot line; depth of the required rear yard to be measured horizontally from the nearest part of a main building toward the nearest part of the rear lot line.

(1965 code Title XII, Ch. 2, § 3 (part))

"Side yard" means a yard between a main building and the side lot line and in case of a corner lot including that part of the rear yard between the side lot line on the street side and the main building line extended.

(1965 code Title XII, Ch. 2, § 3 (part))