- IN GENERAL
The words and phrases, whenever used in this chapter, shall be construed as defined in this division, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number.
(Code 1952, § 9210; Ord. No. NS-455, § 1, 6-20-60)
Editor's note— Ord. No. NS-2986, § 3, adopted April 7, 2020, repealed § 41-11.1. Former § 41-11.1 pertained to accessory dwelling units and derived from Ord. No. NS-2940, § 3, adopted April 3, 2018.
An accessory structure or building is a detached building or structure, part of building or structure that is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities and is used exclusively by the occupant of the main building.
(Code 1952, § 9210.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1036, § 1, 9-8-70; Ord. No. NS-1395, § 1, 12-12-77; Ord. No. NS-2803, § 2, 6-21-10)
Editor's note— Ord. No. NS-2803, § 2, adopted June 21, 2010, changed the title of section 41-12 from "Accessory building" to "Accessory structure or building."
An adult day care facility is a facility that provides nonmedical care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by California Health and Safety code section 1502(a)(2), as it may be amended from time to time.
(Ord. No. NS-2446, § 3, 9-18-00)
Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.2 which pertained to adult entertainment business and derived from Ord. No. NS-1395, § 3, adopted Dec. 12, 1977; and Ord. No. NS-2209, § 1, adopted Dec. 20, 1993.
Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.3 which pertained to adult motels and derived from Ord. No. NS-1395, § 4, adopted Dec. 12, 1977; and Ord. No. NS-2209, § 2, adopted Dec. 20, 1993.
Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.4 which pertained to adult theater and derived from Ord. No. NS-2209, § 3, adopted Dec. 20, 1993.
An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and which affords only a secondary means of access to abutting properties.
(Code 1952, § 9210.2; Ord. No. NS-455, § 1, 6-20-60)
An ancillary use is a use which is supportive of and subordinate to any primary use.
(Ord. No. NS-2275, § 1, 12-18-95)
An apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family for sleeping or living purposes and containing one (1) kitchen.
(Code 1952, § 9210.3; Ord. No. NS-455, § 1, 6-20-60)
A bachelor apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family for sleeping or living purposes and containing not more than one (1) kitchen and utility room, one (1) sleeping room, one (1) bathroom and incidental closet space.
(Code 1952, § 9210.4; Ord. No. NS-455, § 1, 6-20-60)
An apartment house is a building other than a hotel or motel, designed for or used to house three (3) or more families, living independently of each other, including all necessary employees of such families.
(Code 1952, § 9210.5; Ord. No. NS-455, § 1, 6-20-60)
Assemble means to fit or put together the parts of materials or products.
(Ord. No. NS-2275, § 2, 12-18-95)
An auto park or market is an open land area used for the storage and sale of complete and operative automobiles, new or used.
(Code 1952, § 9210.6; Ord. No. NS-455, § 1, 6-20-60)
An automobile house trailer or camp car is any building or structure with or without motive power designed for living purposes or the conduct of any business, profession, occupation, or trade, and containing plumbing, heating, or electrical equipment and designed so that it is, or may be, mounted on wheels for traveling on public thoroughfares.
(Code 1952, § 9210.7; Ord. No. NS-455, § 1, 6-20-60)
Automobile repair is the repair of motor vehicles, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products except those specified in section 41-20.
(Ord. No. NS-2118, § 1, 3-18-91)
Automobile servicing is the servicing and minor repair of motor vehicles, including the replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tuneups.
(Ord. No. NS-2103, § 1, 12-17-90)
"Bail bond use" shall mean any use or business, whether primary or ancillary, that is subject to regulation pursuant to California Insurance Code Section 1800, et. seq., as such sections may be amended from time to time, including but limited to a use or business of a bail agent, a bail permittee, or a bail solicitor.
(Ord. No. NS-2661, § 3, 9-20-04)
A banquet facility is a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or entertainment. For the purposes of this definition, the term rental shall mean to obtain the possession and use of a facility, or a portion of a facility, on a short-term, hourly or daily basis, where occupancy is closed to the general public, in exchange for monetary or other form of compensation.
(Ord. No. NS-2445, § 3, 9-18-00)
A commercial establishment whose primary use is the sale and service of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law and which requires a "public premises"-type license issued by the California Department of Alcoholic Beverage Control.
(Ord. No. NS-2847, § 17, 8-5-13)
A basement or cellar is that portion of a building between floor and ceiling which is either totally or partly below grade.
(Code 1952, § 9210.8; Ord. No. NS-455, § 1, 6-20-60)
A bedroom is any room or segment of a dwelling unit separated from other portions of such dwelling unit by walls or other partitions, which is designed or used as sleeping quarters, provided that in determining the number of bedrooms in a dwelling unit all such rooms or segments having an area in excess of eighty (80) square feet (exclusive of one (1) living room, one (1) dining room and all rooms clearly designed as kitchens, bathrooms, closets and hallways) shall be deemed bedrooms regardless of any description or use for purposes other than sleeping quarters, such as dens, family rooms or guest rooms.
(Ord. No. NS-1961, § 1, 6-6-88)
Boarding house means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boarding houses do not include: (1) group homes; (2) residential care facilities; (3) sober-living homes; (4) transitional or supportive housing; or (5) single housekeeping units.
(Ord. No. NS-3084, § 3, 9-16-25)
A superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds one hundred twenty thousand (120,000) square feet, and which devotes more than ten (10) per cent of its total interior space to the sale of merchandise which are not subject to state sales tax. For purposes of determining the total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included.
(Ord. No. NS-2734, § 2, 2-5-07)
A building is any structure built for the support, shelter or enclosure of persons, or animals, chattels, or property of any kind.
(Code 1952, § 9210.10; Ord. No. NS-455, § 1, 6-20-60)
Building height is the vertical distance measured from the curb level to the highest point of the roof surface.
(Code 1952, § 9210.11; Ord. No. NS-455, § 1, 6-20-60)
The main building is the principal building on a lot or building site designed or used to accommodate the primary use to which such area is devoted; where a permissible use involves more than one (1) structure designed or used for the same primary purpose, as in the case of group houses, each such permissible building on one (1) lot as defined by this chapter shall be considered a main building.
(Code 1952, § 9210.12; Ord. No. NS-455, § 1, 6-20-60)
A building site is the ground area of a building or group of buildings together with all yard and open spaces as required by this chapter.
(Code 1952, § 9210.13; Ord. No. NS-455, § 1, 6-20-60)
A bulk merchandise store is a store which exceeds sixty thousand (60,000) square feet in floor area where grocery and/or sundry goods are displayed for sale in bulk quantities.
(Ord. No. NS-1939, § 1, 1-4-88)
Business is any enterprise or livelihood whereby goods, services, use of property or facilities, or other valuable consideration is offered, or advertised as available, to the public, or any segment thereof, in exchange for payment of money or other valuable consideration, whether or not such enterprise or livelihood is carried out for profit, and includes, but is not limited to, the ownership or management of stores, shops, offices and recreational or amusement centers, and the use of offices by members of professions and trades rendering services. A business activity is any conduct or practice which forms part of, or is incidental to, the operation of a business, including but not limited to, the store or display of goods for purposes of future sales, or the dispatching of vehicles for business purposes.
(Code 1952, § 9210.15; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1708, § 1, 12-19-83; Ord. No. NS-2457, § 4, 1-2-01)
A cabana is any portable, demountable or permanent cabin, small house, room, enclosure, or other building erected, constructed or placed to be used in conjunction with any automobile house trailer or camp car.
(Code 1952, § 9210.16; Ord. No. NS-455, § 1, 6-20-60)
Editor's note— Ord. No. NS-3084, § 4, adopted September 16, 2025, repealed § 41-41.5. Former § 41-41.5 pertained to care homes and derived from Ord. No. NS-1532, § 1, adopted June 16, 1980.
A carport is a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter.
(Code 1952, § 9210.17; Ord. No. NS-455, § 1, 6-20-60)
Editor's note— Ord. No. NS-3038, § 3, adopted February 7, 2023, repealed § 41-42.5. Former § 41-42.5 pertained to child care facilities and derived from Ord. No. NS-2111, § 1, adopted April 1, 1991 and Ord. No. 2446, § 4, adopted September 18, 2000.
As used in this Code, a check cashing facility is any business, company, corporation, establishment, organization, private enterprise, shop, or store whose primary or ancillary service is that of a check casher, as currently defined, and as may be amended from time to time by Title 1.6F, section 1789.31(a) of the California Civil Code.
(Ord. No. NS-2412, § 2, 12-6-99)
A club, fraternity or lodge shall have the same meaning as that given to the word "club" pursuant to California Business and Professions Code section 23425, as it may be amended from time to time.
(Code 1952, § 9210.18; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2473, § 3, 6-18-01)
Commercial storage is a structure or building whose primary function is for collecting, maintaining or storing goods, materials, records or documents which do not belong to the owner or operator of the structure or building but are kept in trust.
(Ord. No. NS-2494, § 3, 4-15-02)
Compound means to prepare by combining or mixing the parts of materials and products.
(Ord. No. NS-2275, § 3, 12-18-95)
Editor's note— Prior to the reenactment of § 41-44 by Ord. No. NS-2275, the section had been repealed by Ord. No. NS-1532, § 4, enacted June 16, 1980. The repealed § 41-44 set forth the definition of "convalescent home" and derived from Code 1952, § 9210.19, and Ord. No. NS-455, § 1, adopted June 20, 1960.
A commercial establishment of eleven thousand (11,000) square feet or larger where people go to primarily listen to and observe various forms of live concerts or entertainment, which includes dancing or other form of personal interaction with the performance.
(Ord. No. NS-2847, § 18, 8-5-13)
A facility where personnel provide counseling services in individual or group sessions that focus specifically on mental development, recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/or integration in the workplace and community. For a practice providing counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis, with or without the dispensing of medication onsite. "Counseling services" does not include "Medical office," which is separately defined.
(Ord. No. NS-3035, § 2, 12-20-22; Ord. No. NS-3038, § 4, 2-7-23)
Cyber café shall mean an establishment whose primary purpose is to provide computers and/or other electronic devices for access to the Internet, e-mail or computer software programs which are networked (via LAN or WAN) or which function as a client/server program, and which seeks compensation in any form from users. Cyber café is synonymous with PC cafe, internet cafe or cyber centers, but does not include a cyber learning center as defined in Section 41-46 or recreational or entertainment uses as defined in Section 41-142.
(Ord. No. NS-2513, § 3, 9-3-02; Ord. No. NS-2977, § 2, 10-15-19)
Cyber learning center shall mean an establishment that provides computer access, which is operated by the city, a school district, or a college district, or is operated by a non-profit organization without monetary charge.
(Ord. No. NS-2513, § 4, 9-3-02)
A data center is a use whose primary purpose is to house computer servers or telecommunications switching facilities or internet nodes for entities, including but not limited to web hosting organizations, large enterprises or any other internet service organizations and whose gross floor area exceeds fifteen hundred (1,500) square feet. A server farm, telecom hotel, carrier hotel, darkened datacenter, co-location center or any other term applicable to facilities which are used for these specified purposes shall be deemed to be a data center.
(Ord. No. NS-2494, § 4, 4-15-02)
"Daycare center" means a child daycare facility other than a family daycare facility, and includes infant centers, preschools, extended daycare facilities, and school age child care centers, and includes child care centers licensed pursuant to Section 1596.951 of the California Health and Safety Code.
(Ord. No. NS-3038, § 5, 2-7-23)
A dish antenna is an antenna characterized by a round parabolic surface having a diameter of more than two (2) feet.
(Ord. No. NS-1755, § 1, 12-17-84)
Disabled means, as is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. For the purposes of this chapter, handicapped shall mean the same as disabled.
(Ord. No. NS-2813, § 2, 3-21-11; Ord. No. NS-3084, § 5, 9-16-25)
A district is 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 limits are established, and certain off-street parking areas are required, all as set forth and specified in this chapter concerning districts and the modification thereof by suffix or prefix.
(Code 1952, § 9210.20; Ord. No. NS-455, § 1, 6-20-60)
A residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas.
(Code 1952, § 9210.21; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 3, 5-1-06)
A two-family dwelling is a single building containing not more than two (2) families living independently of each other in separate living areas, which has a common roof and common interior or party walls, and which contains no more than two (2) kitchens.
(Code 1952, § 9210.22; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 2, 4-1-91)
For definitions of multiple-family dwelling see definition of apartment house.
(Code 1952, § 9210.23; Ord. No. NS-455, § 1, 6-20-60)
A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.
(Ord. No. NS-2471, § 5, 5-21-01)
"Electric fence" and "electrified fence" shall mean any fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property.
(Ord. No. NS-3035, § 3, 12-20-22; Ord. No. NS-3038, § 6, 2-7-23)
Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person, where 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.
(Ord. No. NS-2848, § 3, 9-3-13)
A commercial establishment whose primary use is the sale and service of meals on-site to guests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code.
(Ord. No. NS-2847, § 19, 8-5-13)
An equipment rental yard is a permanent establishment dedicated to the rental of building or construction tools, equipment, or other related supplies where the storage and display of said equipment and supplies may occur both within a structure, as well as in an outdoor yard area associated with said structure.
(Ord. No. NS-2812, § 2, 12-20-10)
"Family daycare facility" means a facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. For the purposes of this chapter, there are small family daycare facilities and large family daycare facilities. Small family daycare facilities provide care to no more than eight (8) children. Large family daycare facilities provide care to no more than fourteen (14) children.
(Ord. No. NS-3038, § 7, 2-7-23)
A freight, bus and truck terminal is a facility used for the storage and dispatch of larger scale vehicles including but not limited to semi-trailers, waste haulers, cement trucks, tow trucks and buses with a capacity greater than fifteen (15) persons. This may include facilities used to receive, sort, transfer and ship freight, such as packages by an overnight delivery service. This may also include vehicle maintenance, repair, and fueling to service the fleet.
(Ord. No. NS-2470, § 3, 5-21-01)
A private garage is an accessory building or portion of a main building, enclosed on three (3) or more sides and designed or used for the shelter or storage of vehicles owned or operated by the occupant of the main building.
(Code 1952, § 9210.25; Ord. No. NS-455, § 1, 6-20-60)
A public garage is a building, other than a private garage, used for the storage, care, repair or equipping of motor vehicles.
(Code 1952, § 9210.26; Ord. No. NS-455, § 1, 6-20-60)
A garage sale is a sale of goods, wares or merchandise from residential property where the public is invited onto such property to purchase such items; provided, however, that "garage sale" shall not include any sale of the personal belongings of a recently deceased resident of such property.
(Ord. No. NS-2096, § 1, 11-19-90; Ord. No. NS-2218, § 1, 6-20-94)
The gross floor area is the total floor area included within the outer walls of a building.
(Code 1952, § 9210.27; Ord. No. NS-455, 6-20-60; Ord. No. NS-521, § 1, 6-19-61; Ord. No. NS-635, § 1, 3-4-63, Ord. No. NS-1674, § 2, 3-21-83)
A facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include residential care facilities and any dwelling that operates as a single housekeeping unit.
(Ord. No. NS-3084, § 6, 9-16-25)
A guesthouse is living quarters within an accessory building for the use of persons employed on the premises, or for the temporary use by guests of the occupants of the main building, and having no kitchen facilities and not rented or otherwise used as a dwelling unit.
(Code 1952, § 9210.28; Ord. No. NS-455, § 1, 6-20-60)
Hazardous material is any material, other than hazardous waste, which because of its quantity, concentration, or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment, including, but not limited to, any "hazardous substance," as defined in Section 25500 of the California Health and Safety Code, as it may from time to time be amended.
(Ord. No. NS-2122, § 1, 4-15-91)
Hazardous waste is any material which is "hazardous waste" as defined in Section 25500 of the California Health and Safety Code, as it may from time to time be amended.
(Ord. No. NS-2122, § 2, 4-15-91)
A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients.
(Ord. No. NS-2776, § 3, 9-2-08)
A helicopter is any rotocraft which depends principally for its support and motion in the air upon lift generated by one (1) or more rotors that rotate on substantially vertical axes.
(Ord. No. NS-1039, § 1, 9-21-70)
A heliport is an area of land or water or a structural surface which is used, or is intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.
(Ord. No. NS-1039, § 1, 9-21-70)
A helistop is the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.
(Ord. No. NS-1039, § 1, 9-21-70)
A home improvement warehouse store is a store which exceeds sixty thousand (60,000) square feet in floor area where home improvement and construction goods are displayed for sale in bulk quantities.
(Ord. No. NS-1939, § 2, 1-4-88)
A home occupation is a business conducted within a dwelling, or within buildings or areas accessory to a dwelling, by the occupant of the dwelling as a secondary use.
(Code 1952, § 9210.29; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1654, § 1, 11-1-82)
(a)
A hookah parlor shall mean any facility or location whose business operation, whether as its primary use or as an ancillary use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes.
(b)
A primary use shall mean a use that is not an ancillary use.
(Ord. No. NS-2763, § 3, 3-3-08)
A hospital is any institution, place, building or agency which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including convalescence and including care during and after pregnancy or which 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 and maternity home.
(Code 1952, § 9210.30; Ord. No. NS-455, § 1, 6-20-60)
For definition of mental hospital see definition of hospital.
(Code 1952, § 9210.31; Ord. No. NS-455, § 1, 6-20-60)
An animal hospital is an establishment in which veterinarian services are rendered to dogs, cats and other small animals and domestic pets.
(Code 1952, § 9210.32; Ord. No. NS-455, § 1, 6-20-60)
A hotel/motel is any building, or portion of a building that is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such hotel/motel shall contain more than five (5) guest rooms. A hotel/motel that contains a kitchen (as defined in Section 310.7(3) of the California Building Code) in guest rooms shall be deemed to be a long-term stay business hotel. A hotel/motel that meets the criteria of Section 41-139 of this Code shall be deemed to be a transient/residential hotel.
(Code 1952, § 9210.33; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1532, § 2, 6-16-80; Ord. No. NS-2471, § 7, 5-21-01; Ord. No. NS-3084, § 7, 8, 9-16-25)
Household means all the individuals occupying a dwelling unit, and includes people who live in different units governed by the same operator, but does not include a single housekeeping unit.
(Ord. No. NS-3084, § 7, 8, 9-16-25)
The person, or group of persons, that is present at a group home, as defined in this chapter, on a 24-hour basis and is responsible for the day-to-day operation of the group home. The house manager may be the operator, or a duly authorized representative of the operator.
(Ord. No. NS-3084, § 9, 9-16-25)
An impound yard is an area used for the temporary storage of vehicles which have been towed to such area due to having been abandoned or illegally parked or for a similar reason, and where there is no dismantlement of such vehicles nor any sale of the parts thereof.
(Ord. No. NS-1834, § 5, 2-3-86)
Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafés as defined by section 41-45; gymnasium or health club as defined under section 41-67.9; recreational or entertainment uses defined under section 41-142; or slot car or radio controlled vehicles tracks.
(Ord. No. NS-2776, § 4, 9-2-08)
An indoor swap meet is a store which has been internally subdivided to allow for individual sales booths which are available for lease to individual tenants for display of goods for sale. For purposes of this section, areas bounded by permanent floor-to-ceiling walls or windows, in which all entryways are capable of being closed and locked, shall be considered separate stores and not subdivisions of one (1) store. No store in which one (1) vendor occupies at least eighty (80) per cent of the floor area used for sale of goods shall be considered an indoor swap meet. For purposes of this section, each person offering goods for sale in a store who has a permit from the state board of equalization to engage in or conduct business as a seller at that store shall be deemed a distinct independent vendor, and each such vendor, other than any person in control of the use and occupancy of the store, shall be deemed a tenant in that store.
(Ord. No. NS-1939, § 3, 1-4-88; Ord. No. NS-2090, § 1, 10-15-90)
Any vehicle, either mechanically or legally incapable of being driven on a public street or highway.
(Ord. No. NS-1080, § 1, 5-17-71)
An establishment maintained and operated for the purpose of providing charitable, social, educational, medical, or similar services.
(Code 1952, § 9210.34; Ord. No. NS-455, § 1, (6-20-60))
Any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one (1) operation shall be referred to as integral facilities and shall be considered one (1) facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one (1) facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one (1) licensed or unlicensed facility.
(Ord. No. NS-3084, § 10, 9-16-25)
Integrated development site shall mean any site, regardless of the number of lots or individual tenants, that is developed with common parking, on-site circulation, architecture or design features.
(Ord. No. NS-2635, § 3, 8-4-03)
An interpretive center is an outdoor learning center in which existing natural or cultural resources are displayed or identified.
(Ord. No. NS-2511, § 2, 9-3-02)
A junk yard, automobile wrecking yard, or salvage yard is any space of two hundred (200) square feet or more of area of any lot used for the storage, sale, keeping or abandonment of inoperable vehicles, junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof, other than an impound yard
(Code 1952, § 9210.35; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1080, § 2, 5-17-71; Ord. No. NS-1834, § 4, 2-3-86)
A kennel is any lot, building, structure, enclosure, premise or place, whereon or wherein, three (3) or more dogs are kept or maintained for the purpose of breeding, training, raising, boarding or as pets.
(Code 1952, § 9210.36; Ord. No. NS-455, § 1, 6-20-60)
A kitchen is any room or space used or intended or designed to be used for cooking or the preparation of food.
(Code 1952, § 9210.37; Ord. No. NS-455, § 1, 6-20-60)
Landscape is any yard or other open space which is purposely designed to create an aesthetic environment composed of plant materials, synthetic turf, and/or other decorative elements such as fountains, ponds, sculptures, walls, fences, and planters.
(Code 1952, § 9210.37.5; Ord. No. NS-908, § 1, 1-2-68; Ord. No. NS-3038, § 8, 2-7-23)
Landscaping is the act of providing landscape as defined in this division.
(Code 1952, § 9210.37.6; Ord. No. NS-908, § 1, 1-2-68)
Includes, but is not limited to, musical performances (non-ambient (as defined in section 11-1), live or recorded), any act, play, revue, pantomime scene, dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance.
(Ord. No. NS-2847, § 20, 8-5-13)
A live-work community is a building, or portion thereof, used for units which are each a combination of a studio/workshop and a living quarters, and may be either a building, or portion thereof, originally designed for nonresidential purposes and converted to such use or a new building initially designed for such use.
(Ord. No. NS-2230, § 1, 8-15-94)
A loading space is 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 in order to load or unload merchandise or material, and which abuts upon a street, alley or other appropriate means of access.
(Code 1952, § 9210.38; Ord. No. NS-455, § 1, 6-20-60)
Editor's note— Ord. No. NS-3084, § 11, adopted September 16, 2025, repealed § 41-103. Former § 41-103 pertained to lodging houses and derived from § 9210.39 of the Code of 1952; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-1532, § 3, adopted June 16, 1980.
A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (specific plan) or SD (specific development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.
(Ord. No. NS-2710, § 4, 5-1-06)
A lot is a parcel of real property shown on an approved final subdivision map or record of survey map or a recorded parcel described by metes and bounds.
(Code 1952, § 9210.40; Ord. No. NS-455, § 1, 6-20-60)
Lot coverage is the amount of lot area stated in terms of percentage that is covered by all buildings or structures located thereon. This shall be considered to include the building footprint and all building projections, but shall exclude patio covers, awnings and eaves.
(Code 1952, § 9210.41; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 5, 5-1-06)
The front lot line is the boundary line between a street and abutting property and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.
(Code 1952, § 9210.42; Ord. No. NS-455, § 1, 6-20-60)
Because of the necessity of segregating the location of residences, businesses, trades and industries; and regulating the use of buildings, structures, and land; and regulating the location, height, bulk, and size of buildings and structures, the size of yards and other open spaces; the city is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to:
(a)
Encourage the most appropriate use of land.
(b)
Conserve and stabilize property value.
(c)
Provide adequate open spaces for light and air and to prevent and fight fires.
(d)
Prevent the undue concentration of population.
(e)
Lessen congestion on streets and highways.
(f)
Promote the health, safety and the general welfare of the people, all as part of the general plan of the city.
(Code 1952, § 9200; Ord. No. NS-455, § 1, 6-20-60)
- IN GENERAL
The words and phrases, whenever used in this chapter, shall be construed as defined in this division, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number.
(Code 1952, § 9210; Ord. No. NS-455, § 1, 6-20-60)
Editor's note— Ord. No. NS-2986, § 3, adopted April 7, 2020, repealed § 41-11.1. Former § 41-11.1 pertained to accessory dwelling units and derived from Ord. No. NS-2940, § 3, adopted April 3, 2018.
An accessory structure or building is a detached building or structure, part of building or structure that is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities and is used exclusively by the occupant of the main building.
(Code 1952, § 9210.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1036, § 1, 9-8-70; Ord. No. NS-1395, § 1, 12-12-77; Ord. No. NS-2803, § 2, 6-21-10)
Editor's note— Ord. No. NS-2803, § 2, adopted June 21, 2010, changed the title of section 41-12 from "Accessory building" to "Accessory structure or building."
An adult day care facility is a facility that provides nonmedical care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by California Health and Safety code section 1502(a)(2), as it may be amended from time to time.
(Ord. No. NS-2446, § 3, 9-18-00)
Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.2 which pertained to adult entertainment business and derived from Ord. No. NS-1395, § 3, adopted Dec. 12, 1977; and Ord. No. NS-2209, § 1, adopted Dec. 20, 1993.
Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.3 which pertained to adult motels and derived from Ord. No. NS-1395, § 4, adopted Dec. 12, 1977; and Ord. No. NS-2209, § 2, adopted Dec. 20, 1993.
Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.4 which pertained to adult theater and derived from Ord. No. NS-2209, § 3, adopted Dec. 20, 1993.
An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and which affords only a secondary means of access to abutting properties.
(Code 1952, § 9210.2; Ord. No. NS-455, § 1, 6-20-60)
An ancillary use is a use which is supportive of and subordinate to any primary use.
(Ord. No. NS-2275, § 1, 12-18-95)
An apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family for sleeping or living purposes and containing one (1) kitchen.
(Code 1952, § 9210.3; Ord. No. NS-455, § 1, 6-20-60)
A bachelor apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family for sleeping or living purposes and containing not more than one (1) kitchen and utility room, one (1) sleeping room, one (1) bathroom and incidental closet space.
(Code 1952, § 9210.4; Ord. No. NS-455, § 1, 6-20-60)
An apartment house is a building other than a hotel or motel, designed for or used to house three (3) or more families, living independently of each other, including all necessary employees of such families.
(Code 1952, § 9210.5; Ord. No. NS-455, § 1, 6-20-60)
Assemble means to fit or put together the parts of materials or products.
(Ord. No. NS-2275, § 2, 12-18-95)
An auto park or market is an open land area used for the storage and sale of complete and operative automobiles, new or used.
(Code 1952, § 9210.6; Ord. No. NS-455, § 1, 6-20-60)
An automobile house trailer or camp car is any building or structure with or without motive power designed for living purposes or the conduct of any business, profession, occupation, or trade, and containing plumbing, heating, or electrical equipment and designed so that it is, or may be, mounted on wheels for traveling on public thoroughfares.
(Code 1952, § 9210.7; Ord. No. NS-455, § 1, 6-20-60)
Automobile repair is the repair of motor vehicles, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products except those specified in section 41-20.
(Ord. No. NS-2118, § 1, 3-18-91)
Automobile servicing is the servicing and minor repair of motor vehicles, including the replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tuneups.
(Ord. No. NS-2103, § 1, 12-17-90)
"Bail bond use" shall mean any use or business, whether primary or ancillary, that is subject to regulation pursuant to California Insurance Code Section 1800, et. seq., as such sections may be amended from time to time, including but limited to a use or business of a bail agent, a bail permittee, or a bail solicitor.
(Ord. No. NS-2661, § 3, 9-20-04)
A banquet facility is a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or entertainment. For the purposes of this definition, the term rental shall mean to obtain the possession and use of a facility, or a portion of a facility, on a short-term, hourly or daily basis, where occupancy is closed to the general public, in exchange for monetary or other form of compensation.
(Ord. No. NS-2445, § 3, 9-18-00)
A commercial establishment whose primary use is the sale and service of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law and which requires a "public premises"-type license issued by the California Department of Alcoholic Beverage Control.
(Ord. No. NS-2847, § 17, 8-5-13)
A basement or cellar is that portion of a building between floor and ceiling which is either totally or partly below grade.
(Code 1952, § 9210.8; Ord. No. NS-455, § 1, 6-20-60)
A bedroom is any room or segment of a dwelling unit separated from other portions of such dwelling unit by walls or other partitions, which is designed or used as sleeping quarters, provided that in determining the number of bedrooms in a dwelling unit all such rooms or segments having an area in excess of eighty (80) square feet (exclusive of one (1) living room, one (1) dining room and all rooms clearly designed as kitchens, bathrooms, closets and hallways) shall be deemed bedrooms regardless of any description or use for purposes other than sleeping quarters, such as dens, family rooms or guest rooms.
(Ord. No. NS-1961, § 1, 6-6-88)
Boarding house means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boarding houses do not include: (1) group homes; (2) residential care facilities; (3) sober-living homes; (4) transitional or supportive housing; or (5) single housekeeping units.
(Ord. No. NS-3084, § 3, 9-16-25)
A superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds one hundred twenty thousand (120,000) square feet, and which devotes more than ten (10) per cent of its total interior space to the sale of merchandise which are not subject to state sales tax. For purposes of determining the total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included.
(Ord. No. NS-2734, § 2, 2-5-07)
A building is any structure built for the support, shelter or enclosure of persons, or animals, chattels, or property of any kind.
(Code 1952, § 9210.10; Ord. No. NS-455, § 1, 6-20-60)
Building height is the vertical distance measured from the curb level to the highest point of the roof surface.
(Code 1952, § 9210.11; Ord. No. NS-455, § 1, 6-20-60)
The main building is the principal building on a lot or building site designed or used to accommodate the primary use to which such area is devoted; where a permissible use involves more than one (1) structure designed or used for the same primary purpose, as in the case of group houses, each such permissible building on one (1) lot as defined by this chapter shall be considered a main building.
(Code 1952, § 9210.12; Ord. No. NS-455, § 1, 6-20-60)
A building site is the ground area of a building or group of buildings together with all yard and open spaces as required by this chapter.
(Code 1952, § 9210.13; Ord. No. NS-455, § 1, 6-20-60)
A bulk merchandise store is a store which exceeds sixty thousand (60,000) square feet in floor area where grocery and/or sundry goods are displayed for sale in bulk quantities.
(Ord. No. NS-1939, § 1, 1-4-88)
Business is any enterprise or livelihood whereby goods, services, use of property or facilities, or other valuable consideration is offered, or advertised as available, to the public, or any segment thereof, in exchange for payment of money or other valuable consideration, whether or not such enterprise or livelihood is carried out for profit, and includes, but is not limited to, the ownership or management of stores, shops, offices and recreational or amusement centers, and the use of offices by members of professions and trades rendering services. A business activity is any conduct or practice which forms part of, or is incidental to, the operation of a business, including but not limited to, the store or display of goods for purposes of future sales, or the dispatching of vehicles for business purposes.
(Code 1952, § 9210.15; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1708, § 1, 12-19-83; Ord. No. NS-2457, § 4, 1-2-01)
A cabana is any portable, demountable or permanent cabin, small house, room, enclosure, or other building erected, constructed or placed to be used in conjunction with any automobile house trailer or camp car.
(Code 1952, § 9210.16; Ord. No. NS-455, § 1, 6-20-60)
Editor's note— Ord. No. NS-3084, § 4, adopted September 16, 2025, repealed § 41-41.5. Former § 41-41.5 pertained to care homes and derived from Ord. No. NS-1532, § 1, adopted June 16, 1980.
A carport is a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter.
(Code 1952, § 9210.17; Ord. No. NS-455, § 1, 6-20-60)
Editor's note— Ord. No. NS-3038, § 3, adopted February 7, 2023, repealed § 41-42.5. Former § 41-42.5 pertained to child care facilities and derived from Ord. No. NS-2111, § 1, adopted April 1, 1991 and Ord. No. 2446, § 4, adopted September 18, 2000.
As used in this Code, a check cashing facility is any business, company, corporation, establishment, organization, private enterprise, shop, or store whose primary or ancillary service is that of a check casher, as currently defined, and as may be amended from time to time by Title 1.6F, section 1789.31(a) of the California Civil Code.
(Ord. No. NS-2412, § 2, 12-6-99)
A club, fraternity or lodge shall have the same meaning as that given to the word "club" pursuant to California Business and Professions Code section 23425, as it may be amended from time to time.
(Code 1952, § 9210.18; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2473, § 3, 6-18-01)
Commercial storage is a structure or building whose primary function is for collecting, maintaining or storing goods, materials, records or documents which do not belong to the owner or operator of the structure or building but are kept in trust.
(Ord. No. NS-2494, § 3, 4-15-02)
Compound means to prepare by combining or mixing the parts of materials and products.
(Ord. No. NS-2275, § 3, 12-18-95)
Editor's note— Prior to the reenactment of § 41-44 by Ord. No. NS-2275, the section had been repealed by Ord. No. NS-1532, § 4, enacted June 16, 1980. The repealed § 41-44 set forth the definition of "convalescent home" and derived from Code 1952, § 9210.19, and Ord. No. NS-455, § 1, adopted June 20, 1960.
A commercial establishment of eleven thousand (11,000) square feet or larger where people go to primarily listen to and observe various forms of live concerts or entertainment, which includes dancing or other form of personal interaction with the performance.
(Ord. No. NS-2847, § 18, 8-5-13)
A facility where personnel provide counseling services in individual or group sessions that focus specifically on mental development, recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/or integration in the workplace and community. For a practice providing counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis, with or without the dispensing of medication onsite. "Counseling services" does not include "Medical office," which is separately defined.
(Ord. No. NS-3035, § 2, 12-20-22; Ord. No. NS-3038, § 4, 2-7-23)
Cyber café shall mean an establishment whose primary purpose is to provide computers and/or other electronic devices for access to the Internet, e-mail or computer software programs which are networked (via LAN or WAN) or which function as a client/server program, and which seeks compensation in any form from users. Cyber café is synonymous with PC cafe, internet cafe or cyber centers, but does not include a cyber learning center as defined in Section 41-46 or recreational or entertainment uses as defined in Section 41-142.
(Ord. No. NS-2513, § 3, 9-3-02; Ord. No. NS-2977, § 2, 10-15-19)
Cyber learning center shall mean an establishment that provides computer access, which is operated by the city, a school district, or a college district, or is operated by a non-profit organization without monetary charge.
(Ord. No. NS-2513, § 4, 9-3-02)
A data center is a use whose primary purpose is to house computer servers or telecommunications switching facilities or internet nodes for entities, including but not limited to web hosting organizations, large enterprises or any other internet service organizations and whose gross floor area exceeds fifteen hundred (1,500) square feet. A server farm, telecom hotel, carrier hotel, darkened datacenter, co-location center or any other term applicable to facilities which are used for these specified purposes shall be deemed to be a data center.
(Ord. No. NS-2494, § 4, 4-15-02)
"Daycare center" means a child daycare facility other than a family daycare facility, and includes infant centers, preschools, extended daycare facilities, and school age child care centers, and includes child care centers licensed pursuant to Section 1596.951 of the California Health and Safety Code.
(Ord. No. NS-3038, § 5, 2-7-23)
A dish antenna is an antenna characterized by a round parabolic surface having a diameter of more than two (2) feet.
(Ord. No. NS-1755, § 1, 12-17-84)
Disabled means, as is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. For the purposes of this chapter, handicapped shall mean the same as disabled.
(Ord. No. NS-2813, § 2, 3-21-11; Ord. No. NS-3084, § 5, 9-16-25)
A district is 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 limits are established, and certain off-street parking areas are required, all as set forth and specified in this chapter concerning districts and the modification thereof by suffix or prefix.
(Code 1952, § 9210.20; Ord. No. NS-455, § 1, 6-20-60)
A residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas.
(Code 1952, § 9210.21; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 3, 5-1-06)
A two-family dwelling is a single building containing not more than two (2) families living independently of each other in separate living areas, which has a common roof and common interior or party walls, and which contains no more than two (2) kitchens.
(Code 1952, § 9210.22; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 2, 4-1-91)
For definitions of multiple-family dwelling see definition of apartment house.
(Code 1952, § 9210.23; Ord. No. NS-455, § 1, 6-20-60)
A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.
(Ord. No. NS-2471, § 5, 5-21-01)
"Electric fence" and "electrified fence" shall mean any fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property.
(Ord. No. NS-3035, § 3, 12-20-22; Ord. No. NS-3038, § 6, 2-7-23)
Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person, where 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.
(Ord. No. NS-2848, § 3, 9-3-13)
A commercial establishment whose primary use is the sale and service of meals on-site to guests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code.
(Ord. No. NS-2847, § 19, 8-5-13)
An equipment rental yard is a permanent establishment dedicated to the rental of building or construction tools, equipment, or other related supplies where the storage and display of said equipment and supplies may occur both within a structure, as well as in an outdoor yard area associated with said structure.
(Ord. No. NS-2812, § 2, 12-20-10)
"Family daycare facility" means a facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. For the purposes of this chapter, there are small family daycare facilities and large family daycare facilities. Small family daycare facilities provide care to no more than eight (8) children. Large family daycare facilities provide care to no more than fourteen (14) children.
(Ord. No. NS-3038, § 7, 2-7-23)
A freight, bus and truck terminal is a facility used for the storage and dispatch of larger scale vehicles including but not limited to semi-trailers, waste haulers, cement trucks, tow trucks and buses with a capacity greater than fifteen (15) persons. This may include facilities used to receive, sort, transfer and ship freight, such as packages by an overnight delivery service. This may also include vehicle maintenance, repair, and fueling to service the fleet.
(Ord. No. NS-2470, § 3, 5-21-01)
A private garage is an accessory building or portion of a main building, enclosed on three (3) or more sides and designed or used for the shelter or storage of vehicles owned or operated by the occupant of the main building.
(Code 1952, § 9210.25; Ord. No. NS-455, § 1, 6-20-60)
A public garage is a building, other than a private garage, used for the storage, care, repair or equipping of motor vehicles.
(Code 1952, § 9210.26; Ord. No. NS-455, § 1, 6-20-60)
A garage sale is a sale of goods, wares or merchandise from residential property where the public is invited onto such property to purchase such items; provided, however, that "garage sale" shall not include any sale of the personal belongings of a recently deceased resident of such property.
(Ord. No. NS-2096, § 1, 11-19-90; Ord. No. NS-2218, § 1, 6-20-94)
The gross floor area is the total floor area included within the outer walls of a building.
(Code 1952, § 9210.27; Ord. No. NS-455, 6-20-60; Ord. No. NS-521, § 1, 6-19-61; Ord. No. NS-635, § 1, 3-4-63, Ord. No. NS-1674, § 2, 3-21-83)
A facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include residential care facilities and any dwelling that operates as a single housekeeping unit.
(Ord. No. NS-3084, § 6, 9-16-25)
A guesthouse is living quarters within an accessory building for the use of persons employed on the premises, or for the temporary use by guests of the occupants of the main building, and having no kitchen facilities and not rented or otherwise used as a dwelling unit.
(Code 1952, § 9210.28; Ord. No. NS-455, § 1, 6-20-60)
Hazardous material is any material, other than hazardous waste, which because of its quantity, concentration, or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment, including, but not limited to, any "hazardous substance," as defined in Section 25500 of the California Health and Safety Code, as it may from time to time be amended.
(Ord. No. NS-2122, § 1, 4-15-91)
Hazardous waste is any material which is "hazardous waste" as defined in Section 25500 of the California Health and Safety Code, as it may from time to time be amended.
(Ord. No. NS-2122, § 2, 4-15-91)
A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients.
(Ord. No. NS-2776, § 3, 9-2-08)
A helicopter is any rotocraft which depends principally for its support and motion in the air upon lift generated by one (1) or more rotors that rotate on substantially vertical axes.
(Ord. No. NS-1039, § 1, 9-21-70)
A heliport is an area of land or water or a structural surface which is used, or is intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.
(Ord. No. NS-1039, § 1, 9-21-70)
A helistop is the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.
(Ord. No. NS-1039, § 1, 9-21-70)
A home improvement warehouse store is a store which exceeds sixty thousand (60,000) square feet in floor area where home improvement and construction goods are displayed for sale in bulk quantities.
(Ord. No. NS-1939, § 2, 1-4-88)
A home occupation is a business conducted within a dwelling, or within buildings or areas accessory to a dwelling, by the occupant of the dwelling as a secondary use.
(Code 1952, § 9210.29; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1654, § 1, 11-1-82)
(a)
A hookah parlor shall mean any facility or location whose business operation, whether as its primary use or as an ancillary use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes.
(b)
A primary use shall mean a use that is not an ancillary use.
(Ord. No. NS-2763, § 3, 3-3-08)
A hospital is any institution, place, building or agency which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including convalescence and including care during and after pregnancy or which 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 and maternity home.
(Code 1952, § 9210.30; Ord. No. NS-455, § 1, 6-20-60)
For definition of mental hospital see definition of hospital.
(Code 1952, § 9210.31; Ord. No. NS-455, § 1, 6-20-60)
An animal hospital is an establishment in which veterinarian services are rendered to dogs, cats and other small animals and domestic pets.
(Code 1952, § 9210.32; Ord. No. NS-455, § 1, 6-20-60)
A hotel/motel is any building, or portion of a building that is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such hotel/motel shall contain more than five (5) guest rooms. A hotel/motel that contains a kitchen (as defined in Section 310.7(3) of the California Building Code) in guest rooms shall be deemed to be a long-term stay business hotel. A hotel/motel that meets the criteria of Section 41-139 of this Code shall be deemed to be a transient/residential hotel.
(Code 1952, § 9210.33; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1532, § 2, 6-16-80; Ord. No. NS-2471, § 7, 5-21-01; Ord. No. NS-3084, § 7, 8, 9-16-25)
Household means all the individuals occupying a dwelling unit, and includes people who live in different units governed by the same operator, but does not include a single housekeeping unit.
(Ord. No. NS-3084, § 7, 8, 9-16-25)
The person, or group of persons, that is present at a group home, as defined in this chapter, on a 24-hour basis and is responsible for the day-to-day operation of the group home. The house manager may be the operator, or a duly authorized representative of the operator.
(Ord. No. NS-3084, § 9, 9-16-25)
An impound yard is an area used for the temporary storage of vehicles which have been towed to such area due to having been abandoned or illegally parked or for a similar reason, and where there is no dismantlement of such vehicles nor any sale of the parts thereof.
(Ord. No. NS-1834, § 5, 2-3-86)
Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafés as defined by section 41-45; gymnasium or health club as defined under section 41-67.9; recreational or entertainment uses defined under section 41-142; or slot car or radio controlled vehicles tracks.
(Ord. No. NS-2776, § 4, 9-2-08)
An indoor swap meet is a store which has been internally subdivided to allow for individual sales booths which are available for lease to individual tenants for display of goods for sale. For purposes of this section, areas bounded by permanent floor-to-ceiling walls or windows, in which all entryways are capable of being closed and locked, shall be considered separate stores and not subdivisions of one (1) store. No store in which one (1) vendor occupies at least eighty (80) per cent of the floor area used for sale of goods shall be considered an indoor swap meet. For purposes of this section, each person offering goods for sale in a store who has a permit from the state board of equalization to engage in or conduct business as a seller at that store shall be deemed a distinct independent vendor, and each such vendor, other than any person in control of the use and occupancy of the store, shall be deemed a tenant in that store.
(Ord. No. NS-1939, § 3, 1-4-88; Ord. No. NS-2090, § 1, 10-15-90)
Any vehicle, either mechanically or legally incapable of being driven on a public street or highway.
(Ord. No. NS-1080, § 1, 5-17-71)
An establishment maintained and operated for the purpose of providing charitable, social, educational, medical, or similar services.
(Code 1952, § 9210.34; Ord. No. NS-455, § 1, (6-20-60))
Any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one (1) operation shall be referred to as integral facilities and shall be considered one (1) facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one (1) facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one (1) licensed or unlicensed facility.
(Ord. No. NS-3084, § 10, 9-16-25)
Integrated development site shall mean any site, regardless of the number of lots or individual tenants, that is developed with common parking, on-site circulation, architecture or design features.
(Ord. No. NS-2635, § 3, 8-4-03)
An interpretive center is an outdoor learning center in which existing natural or cultural resources are displayed or identified.
(Ord. No. NS-2511, § 2, 9-3-02)
A junk yard, automobile wrecking yard, or salvage yard is any space of two hundred (200) square feet or more of area of any lot used for the storage, sale, keeping or abandonment of inoperable vehicles, junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof, other than an impound yard
(Code 1952, § 9210.35; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1080, § 2, 5-17-71; Ord. No. NS-1834, § 4, 2-3-86)
A kennel is any lot, building, structure, enclosure, premise or place, whereon or wherein, three (3) or more dogs are kept or maintained for the purpose of breeding, training, raising, boarding or as pets.
(Code 1952, § 9210.36; Ord. No. NS-455, § 1, 6-20-60)
A kitchen is any room or space used or intended or designed to be used for cooking or the preparation of food.
(Code 1952, § 9210.37; Ord. No. NS-455, § 1, 6-20-60)
Landscape is any yard or other open space which is purposely designed to create an aesthetic environment composed of plant materials, synthetic turf, and/or other decorative elements such as fountains, ponds, sculptures, walls, fences, and planters.
(Code 1952, § 9210.37.5; Ord. No. NS-908, § 1, 1-2-68; Ord. No. NS-3038, § 8, 2-7-23)
Landscaping is the act of providing landscape as defined in this division.
(Code 1952, § 9210.37.6; Ord. No. NS-908, § 1, 1-2-68)
Includes, but is not limited to, musical performances (non-ambient (as defined in section 11-1), live or recorded), any act, play, revue, pantomime scene, dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance.
(Ord. No. NS-2847, § 20, 8-5-13)
A live-work community is a building, or portion thereof, used for units which are each a combination of a studio/workshop and a living quarters, and may be either a building, or portion thereof, originally designed for nonresidential purposes and converted to such use or a new building initially designed for such use.
(Ord. No. NS-2230, § 1, 8-15-94)
A loading space is 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 in order to load or unload merchandise or material, and which abuts upon a street, alley or other appropriate means of access.
(Code 1952, § 9210.38; Ord. No. NS-455, § 1, 6-20-60)
Editor's note— Ord. No. NS-3084, § 11, adopted September 16, 2025, repealed § 41-103. Former § 41-103 pertained to lodging houses and derived from § 9210.39 of the Code of 1952; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-1532, § 3, adopted June 16, 1980.
A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (specific plan) or SD (specific development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.
(Ord. No. NS-2710, § 4, 5-1-06)
A lot is a parcel of real property shown on an approved final subdivision map or record of survey map or a recorded parcel described by metes and bounds.
(Code 1952, § 9210.40; Ord. No. NS-455, § 1, 6-20-60)
Lot coverage is the amount of lot area stated in terms of percentage that is covered by all buildings or structures located thereon. This shall be considered to include the building footprint and all building projections, but shall exclude patio covers, awnings and eaves.
(Code 1952, § 9210.41; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 5, 5-1-06)
The front lot line is the boundary line between a street and abutting property and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.
(Code 1952, § 9210.42; Ord. No. NS-455, § 1, 6-20-60)
Because of the necessity of segregating the location of residences, businesses, trades and industries; and regulating the use of buildings, structures, and land; and regulating the location, height, bulk, and size of buildings and structures, the size of yards and other open spaces; the city is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to:
(a)
Encourage the most appropriate use of land.
(b)
Conserve and stabilize property value.
(c)
Provide adequate open spaces for light and air and to prevent and fight fires.
(d)
Prevent the undue concentration of population.
(e)
Lessen congestion on streets and highways.
(f)
Promote the health, safety and the general welfare of the people, all as part of the general plan of the city.
(Code 1952, § 9200; Ord. No. NS-455, § 1, 6-20-60)