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Selma City Zoning Code

CHAPTER 8

DEFINITIONS/USE CLASSIFICATIONS

11-8-1: DEFINITIONS:

ABANDONMENT: The cessation of the use of the property for a period of one year or more.
ABATEMENT: Eliminating a zoning ordinance violation.
ABUT: To physically touch or border upon; or to share a common property line.
ACCESSORY DWELLING UNIT (ADU): An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing primary single-family residence. An ADU must include permanent provisions for living including sleeping, eating, cooking, and sanitation as described in Section 11-4-2 (ADUs and Junior ADUs), below. An ADU can be located on the same lot as a primary residence and may be an efficiency unit, a traditional stick-built structure, or a manufactured home. An ADU may be attached (to the existing single-family residence) or detached, provided the unit complies with all standards in this Zoning Ordinance. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is also permitted.
ACCESSORY STRUCTURE: A structure or building, part of a building, or structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure. The structure is customary, incidental, appropriate, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
ACCESSORY USE: A use naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use of the premises.
ACRE: A land area unit containing 43,560 square feet.
ADDITION: Any construction which increases the size of an existing building such as a porch, attached garage or carport, or new room. An addition is a form of alteration.
ADJACENT: Near, close, or abutting; for example, an industrial zone across a street or highway from a residential zone shall be considered "adjacent."
ADJOIN: The same as "Abut."
ADULT BUSINESS: Any business establishment or concern that, as a regular and substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store, adult theater, or any combination thereof, See Section 11-4-8.
ADVERTISING STRUCTURE: Any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size or shape, for the purpose of advertising property or the establishment or enterprise, including goods and services which are not located on the same property as said advertising structure.
AESTHETIC: The perception of artistic elements, or elements in the natural or manmade environment which are pleasing to the eye.
AGRICULTURAL PRODUCT PROCESSING: The refinement, treatment, or conversion of agricultural products. Examples of agricultural processing include, but are not limited to, packing sheds, fruit dehydrators, cold storage houses and hulling operations and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form when such products are produced on the premises, including all uses customarily incidental thereto, but not including a slaughter house, fertilizer works, commercial packing or processing plant for the reduction of animal matter or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property.
AGRICULTURAL USE: The tilling of soil, the raising of crops, horticulture, viticulture, aviculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry.
AIRPORT: Any area which is customarily used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
ALLEY: A public thoroughfare or way not less than ten feet (10') nor more than twenty feet (20') in width, serving as a secondary means of access to abutting property, and which has been deeded or dedicated to the city.
ALTERATION: Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
AMBIENT NOISE: The background sound pressure level at any given location.
AMENDMENT: A change in the working, context, or substance of the Zoning Ordinance, as addition or deletion, or a change in zone boundaries or classifications (Zoning District) upon the zoning map which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed.
ANIMAL CARE: The care and maintenance of animals on private property.
ANNEXED: To have land be incorporated into the City of Selma with a resulting change in the boundaries of the City.
ARTS COUNCIL: The Arts Council of the City of Selma.
ASSESSOR: The county assessor of the county of Fresno.
ATTACHED: Two (2) structures which are structurally integrated with each other by supporting members shall be considered attached.
BARBED WIRE: Wire for fences or barriers having sharp barbs or points of metal twisted into smooth wire at regular intervals.
BILLBOARD: Any sign containing advertising, not appurtenant to any permitted use, over six square feet in area.
BUILDING: Any structure having a roof supported by columns or by walls and designed for the housing or enclosure of any person, animal, or chattel.
BUILDING CODE: Any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefore including, but not limited to, the California Building Code, other State-adopted uniform codes and the Minimum Building Security Standards Ordinance.
BUILDING ENVELOPE: The aggregate of building mass and building bulk permitted on a parcel which is defined by height regulations, setbacks, and other property development standards.
BUILDING HEIGHT: The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.
BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot on which it is situated. In any R zone, any dwelling shall be deemed to be a main building on the lot on which the same is situated.
BUILDING OFFICIAL: The individual appointed by the city administrator to enforce the building code and to act as the code enforcement officer for provisions of the Zoning Ordinance.
BUILDING SITE: A parcel or parcels of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.
BUSINESS: The purchase, sale or other transaction involving the handling or disposition (other than that included in term "Industry" as defined herein) of any article, substance or commodity for profit or a livelihood, including in addition, operation of automobile or trailer courts, tourists courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards.
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC): The California State agency that regulates the permitting of alcohol beverage sales, including the sale of beer, wine, and distilled spirits.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): A state law which requires local and state agencies to determine the potential environmental impacts of a proposed project.
CARPORT: A permanently roofed structure providing space for parking or temporary storage of vehicles enclosed on not more than two sides.
CERTIFICATE OF OCCUPANCY: A document issued by the building official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
CHANGE IN USE: Any use which substantially differs from the previous use of a building or land. The Community Development Director or designee shall determine whether a change is substantial or not. Change of ownership shall not be considered a change of use.
CHURCH: Means, but shall not necessarily be confined to, any building, structure, or open space where a group of two (2) or more persons, not immediate members of one family only, regularly gather for purposes of divine worship.
CITY: The City of Selma.
CITY COUNCIL or COUNCIL: The City Council of the City of Selma.
CITY MANAGER: The City Manager of the City of Selma or the designee or designees of the City Manager.
CITY PROPERTY: All real property and improvements owned, operated, or controlled by the City other than public ROW, within the City's jurisdiction. City property includes, but is not limited to, City offices and owned facilities, streetlights, and traffic lights.
CLUB: An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
COMMERCIAL DISTRICTS: Those zoning districts with a commercial designation of (C).
COMPENSATION: Compensation in money, services, or other things of value.
CONDOMINIUM: An undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as further defined in Section 1351 of the Civil Code of the state of California.
CONSTRUCTION: Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.
CONVERSION: A change in the use of land, structure, or activity.
CONTIGUOUS: The same as "Abut."
CONVICTION: A finding of guilty by a jury or court, or a plea of guilty or nolo contendere.
COUNTY: The County of Fresno.
COURT: A person or body of persons having judicial authority to hear and resolve disputes in civil, criminal, ecclesiastical, or military cases.
COVENANT: A promise in a written contract or a deed of real property.
CPCN: A "certificate of public convenience and necessity" granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code Section 1001 et seq.
CPUC: The California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.
CUL-DE-SAC: A street or passage closed at one end.
CULTIVATION: When referring to cannabis, means any activity involving the planting, growing, harvesting, drying, curing, grading, storing, or trimming of cannabis.
DAY CARE CENTER: An institution that provides supervision and care of infants and young children during the daytime.
DECK: A platform, either freestanding or attached to a building that is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a Patio.
DEMOLITION: The destruction, dismantling, or removal of a building or structure, or substantial portion of a building or structure so that it constitutes demolition pursuant to the provisions of this Code.
DENSITY: The maximum number of dwelling units permitted per specified area of land.
DETACHED: Not sharing a common wall or roof.
DEVELOPER: The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.
DEVELOPMENT: Any change to unimproved or improved real property including, but not limited to, the placement, construction, reconstruction, conversion, structural alteration, or enlargement of any structure; any mining, excavation, landfill, or land disturbance. Agriculture is not defined as development within Zoning Ordinance.
DEVELOPMENT AGREEMENT: An agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code Section 65864 et seq., and local law for such development agreements pursuant to Section 11-7-10, Development Agreements.
DEVELOPMENT STANDARD: Those development requirements of each zoning district or combining district which apply to permitted uses by setting forth minimum requirements or specifications for lot dimensions, setbacks, and height limits; amount of land covered by buildings and structures; animal densities; parking and signs. A development standard can only be modified by a variance or zoning ordinance amendment.
DIRECTOR: The director of planning and development services of the City or person responsible for planning and development services in the City.
DISTRICT: The same as "Zone" or "Zoning District."
DRAINAGE: Any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.
DRIVE-IN and DRIVE-THROUGH FACILITIES: Drive-through or Drive-up facilities. An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Drive-through facilities include (but not limited to) the following establishments: car wash, fast food restaurant, café, pharmacy, and bank.
DRIVEWAY: Any vehicular access to an off-street parking or loading facility.
DUPLEX: A building containing not more than two (2) kitchens, designed and/or used to house not more than two (2) families, living independently of each other, including all necessary employees of each family.
DWELLING: A building or portion thereof designed exclusively for single-family residential occupancy, but not including hotels, clubs, or boarding houses or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraint.
DWELLING, MULTIPLE: A building, or portion thereof, used, designed, or intended as a residence for three or more families living independently of each other, and doing their own cooking in the building, including apartment houses, apartment hotels and flats.
DWELLING UNIT: Two (2) or more rooms in a dwelling, or an apartment designed for occupancy by one family for living and sleeping purposes and having only one kitchen.
EASEMENT: The right to use the real property of another for a specific purpose.
EAVE: The projecting lower edges of a roof overhanging the wall of a building.
EFFECTIVE DATE: The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
EGRESS: A point of vehicle exit from a parking area, lot, garage, or driveway.
EMERGENCY: A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
ENVIRONMENTAL REVIEW: An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
ERECT: To build, build upon, add to, alter, construct, reconstruct, move upon, or any physical operation upon the land required for a building.
FEASIBLE: Capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal, financial, and technological factors.
FEDERAL: The government of the United States of America.
FEE: A payment to the City for the processing of a permit or license application by a City Agency or Department.
FENCE: An artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land. Fences may also be walls, hedges and screen planting.
FIRE CODE: An ordinance of the City adopting and amending the California Fire Code governing fire and life safety protection for new and existing buildings and facilities.
FLOOR AREA, GROSS: A development standard defined as the total horizontal area of all floors of a building as measured to the surfaces of exterior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.
FRONTAGE: That portion of a parcel of property which abuts a public street or approved private street or highway, measured along the future street line as indicated in the general plan.
GARAGE, PRIVATE: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.
GARAGE, PUBLIC: A building used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire, or sale.
GARAGE (OR YARD) SALE: Any sale, conducted on premises within a residential district upon which is located a dwelling, by any occupant of such dwelling, of any personal property which is owned and has been used by such occupant. The term "garage sale" does not include a sale of one or two items of personal property which is not part of a general sale of items of personal property.
GARAGE SPACE: A permanently maintained covered space of not less than eight by nineteen feet (8' x 19') for the parking of automobiles off the street. Such space shall be located and arranged for an accessory building and with adequate ingress and egress.
GENERAL PLAN: The City of Selma General Plan.
GLARE: The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.
GOVERNMENT CODE: The Government Code of California.
GOVERNMENT FACILITIES: A building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public.
GRADE: The gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five feet (25') in a horizontal distance of one hundred feet (100') would be expressed as a grade of twenty-five percent (25%).
HABITABLE SPACE: As defined in Section 202 of the California Building Code.
HABITATION: Regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same parcel.
HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
HEDGE: A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.
HOME OCCUPATION: A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.
HOUSEHOLD: One or more persons living together in a single dwelling unit, with access to and use of all common living and eating areas and all common areas and facilities for the preparation and storage of food and who maintain a single mortgage, lease, or rental agreement for all members of the household.
ILLEGAL USE: Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.
INCIDENTAL: Secondary, accessory and subordinate to another use, structure, or activity.
INFRASTRUCTURE: Facilities and services needed to sustain industry, residential, commercial activities, and all other land use activities, including water, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, etc.
INGRESS: A point of vehicle entrance to a parking area, lot, garage, or driveway.
INTENSITY OF USE: The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include, but are not limited to, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.
INTERIOR LOT: A lot whose front yard abuts a street.
JUNIOR ACCESSORY DWELLING UNIT (JADU): A dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within the walls of an existing single-family residence. A JADU must have an exterior entrance separate from the main entrance of the primary residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence. Further, a JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets.
KITCHEN: Any room in a building or dwelling unit which is used for cooking or preparation of food.
LANDSCAPING: The planting and continued maintenance of suitable plant materials or a combination of plant materials within minimum areas of paving, gravel, otherwise dust-free. An adequate irrigation system is required.
LOADING AREA: A permanently maintained space located off the street with access for the parking, loading, and unloading of vehicles. Whenever the provisions of this title shall require loading space, such space shall be in addition to any required parking space and/or garage space.
LOT: See "Building Site".
LOT, CORNER: A lot or parcel situated at the intersection of two (2) or more intersecting streets.
LOT COVERAGE: The portion of the lot that is covered by buildings and structures.
LOT, CUL-DE-SAC: A lot or parcel with at least half of its frontage abutting a cul-de-sac.
LOT, INTERIOR: A lot or parcel other than a corner lot.
LOT, REVERSE CORNER: A corner lot which rears upon the side of another lot, whether separated by an alley or not.
LOT, THROUGH: A lot having frontage on two parallel or approximately parallel streets.
LOT DEPTH: The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
LOT LINE: The lines bounding a lot.
LOT LINE, FRONT: The property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.
LOT LINE, REAR: The line opposite the front lot line.
LOT LINE, SIDE: Lot lines other than front lot lines or rear lot lines.
LOT WIDTH: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
LOW BARRIER NAVIGATION:

Figure 4-3 Setbacks

MAXIMUM HEIGHT: A development standard which limits the height of buildings and structures.
MAXIMUM LOT COVERAGE: The amount of lot area coverage allowed for buildings and structures.
MICROBREWERY: A limited-production brewery, typically producing specialty beers and often selling its products only locally.
MINIMUM LOT SIZE: A development standard which is the smallest area a lot may be divided into.
MIXED-USE DEVELOPMENT: The development of a parcel or building with two (2) or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures.
MOBILE HOME LOT: A plot of land for placement of a single mobile home within a mobile home park.
MOBILE HOME PARK: An area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.
MULTI-FAMILY DWELLING: A building designed for or occupied by two or more families living independently of each other.
NONCONFORMING SIGN: Any sign lawfully existing on the effective date of the zoning ordinance codified in zoning ordinance or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NONCONFORMING STRUCTURE: A structure that complied with zoning ordinance and development regulations at the time it was built but which, because of subsequent changes to the zoning ordinance and/or development regulations, no longer fully complies with those regulations.
NONCONFORMING USE: A use which lawfully occupied a building or land prior to passage of an ordinance affecting that use, and which does not conform with the use regulations of the zone in which it is located.
NOTICE OF APPEAL: A document which indicates that an applicant for a permit or zoning ordinance amendment, or an affected party, wishes to appeal a decision of a planning officer or body of the City of Selma.
OPEN SPACE TYPES:
   OPEN SPACE, COMMON: Any area any outdoor area, not dedicated for public use, which is designed and intended for the common use and enjoyment of the residents and guests of more than one dwelling unit.
   OPEN SPACE, PRIVATE: An outdoor area within a development project designed and maintained for the exclusive use of residents/tenants, their invited guests, or club members, including, but not necessarily limited to, golf courses, lakes and water features, parks (active and passive), tennis courts, and other recreational facilities allowable within a planned residential development.
   OPEN SPACE, PUBLIC: An outdoor area proposed on public land designated and intended for the use or enjoyment of the general public.
   OPEN SPACE, USABLE: Outdoor areas that provide for outdoor living and/or recreation for the use of residents.
OUTDOOR DINING: Any outdoor cafe, sidewalk cafe, eating area or any food service accessory to a restaurant.
OUTDOOR RECREATIONAL FACILITIES (PUBLIC AND PRIVATE): Facilities operated by public or private entities for various outdoor participant sports and/or types of recreational activities where a fee may be charged for use.
OUTDOOR STORAGE: The storage of supplies, materials, products, motor vehicles or other articles outside of a building and left uncovered by roofs or walls. Outdoor storage may be screened.
OVERLAY DISTRICT: A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying base district.
OWNER: Any of the following: a person with an aggregate ownership interest of twenty percent (20%) or more in the person's business applying for a regulatory permit or permittee, unless the interest is solely a security, lien, or encumbrance; the chief executive officer of a nonprofit or other entity; a member of the board of directors of a nonprofit or other entity; or an individual who will be participating in the direction, control, or management of the person applying for the regulatory permit or permittee.
PARAPET: A low wall or railing extending above the roof and along its perimeter.
PARKING AREA: An accessible and usable area on the building site located off the street with access for the parking of automobiles.
PARKING AREA, PRIVATE: An area, other than a street, restricted from general public use and used for the parking of automotive vehicles capable of moving under their own power.
PARKING AREA, PUBLIC: An area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.
PARKING, BICYCLE: A covered or uncovered area equipped with a rack or other device designed and useable for the secure, temporary storage of bicycles.
   LONG-TERM-BICYCLE PARKING: Parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for three (3) hours or longer.
   SHORT-TERM-BICYCLE PARKING: Parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than four (4) hours.
PARKING SPACE: An area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.
PATIO: An outdoor area, often paved, adjoining a building that is used for outdoor open space. It is not enclosed by walls and typically is located at grade or supported by minimal footings.
PAVING: A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.
PERMIT: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
PERMITTED USE: Any use or structure that is allowed in a zoning district without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zoning district.
PERSON: Any individual, firm, co-partnership, joint venture, corporation, company, association, joint association, or body politic, including any trustee, receiver, syndicate, assignee, or other similar representative thereof.
PLANNING COMMISSION: The Planning Commission of the City of Selma.
PLANNED DEVELOPMENT: A large, integrated residential development located on a single building site, or on two (2) or more building sites. In such development, the land and structures shall be planned and developed as a whole in a single development operation or a series of developments in accordance with a master plan.
PRE-EXISTING: In existence prior to the effective date of this title.
PREMISES: A lot, parcel, tract, or plot of land together with the buildings and structures thereon.
PRINCIPAL USE: The primary, predominate, or initial use of any lot. For guidance, in an agricultural district, the principal use of the land would be farming or ranching. An accessory use would be the farmhouse.
PROJECT: Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.
PROPERTY DEVELOPMENT STANDARDS: Any definitive measurable characteristic or aspect of a development, specified by this title, such as but not limited to yard setbacks, parking, building height, space between buildings, lot area and dimensions, defined linear distances such as for signs, spacing requirements, and size of districts.
PROPERTY LINE: The same as "Lot line."
PROVISIONS: Includes all regulations and requirements referred to in the text of the zoning ordinance.
PUBLIC NOTICE: The announcement of a public hearing in a letter or newspaper of general circulation in the area, indicating the time, place, and nature of the public hearing.
PUBLIC RESOURCES CODE: The Public Resources Code of the State of California.
PUBLIC RIGHT OF WAY or PROW or PUBLIC ROW: The improved or unimproved surface of and the space above and below a City easement for public utility purposes or transportation access, or similar public way of any nature, dedicated or improved for vehicular, bicycle and/or pedestrian related use held or managed by City, however acquired.
PUBLIC UTILITY: Production, storage, transmission, switching and recovery facilities for water, sewerage, energy, communications, and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the public utilities commission.
QUALIFIED APPLICANT: The property owner, the owner's agent, or any person or other legal entity that has a legal or equitable interest in land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.
QUASI-PUBLIC: An educational or religious type include public and parochial elementary schools, junior high schools, high schools, and colleges; child day care centers, private nonprofit schools, and colleges; churches, parsonages, and other religious institutions.
REASONABLE ACCOMMODATION: A type of discretionary permit that, if approved, would provide for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations.
RECREATIONAL FACILITIES: Any use or development, either public or private, providing amusements, pleasures, or sport, which is operated or carried on primarily for financial gain, including, but not limited to, bowling alleys, skating rinks, and billiard parlors.
RELIGIOUS FACILITIES: A place of worship is a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
RESIDENTIAL LOT: A lot containing, or zoned for, one or more dwelling units in a residential district.
RESTRICTION: A limitation on property which may be created in a property deed, lease, mortgage, through certain zoning district or subdivision regulations, or as a condition of approval of an application for development.
RETAIL SHOP: A business of selling goods, wares, or merchandise directly to the ultimate consumer.
REVIEW AUTHORITY: The individual or official City body (the Director, Council, Commission, or Board) and others as identified in the Selma Municipal Code as having the responsibility and authority to review and approve or deny land use permit applications.
REZONING: The same as "zone, change of."
RIGHT-OF-WAY: A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.
ROOF: That portion of a building or structure above walls or columns that shelters the floor area or the structure below.
ROOM: An unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.
SCHOOL OR EDUCATIONAL FACILITIES: An institution of learning which offers instruction in several branches of study required to be taught in the public schools by the Education Code of the State of California.
SENIOR HOUSING: Any residential accommodation other than a mobile home developed, substantially rehabilitated, or substantially renovated for senior citizens.
SERVICE STATION: The same as a gas station, typically one having the facilities to provide automotive repairs and maintenance.
SETBACK, FRONT YARD: The line which defines the depth of the required front yard.
SETBACK, REAR YARD OR SIDE YARD: The line which defines the width or depth of the required rear or side yard.
SHOPPING CENTER: A group of commercial/retail stores with a common parking area and generally one or more large department, discount, or food stores; sometimes including an enclosed mall or walkway constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.
SHORT-TERM RENTAL: A dwelling unit, rented in whole or in part, to any persons(s) for transient use of thirty (30) consecutive days or less. A dwelling unit within a hotel, motel, or bed and breakfast shall not be considered a short-term rental.
SIDEWALK: A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIDEWALK CAFÉ: Any outdoor dining area located in or adjacent to any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.
SIGN: Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, display, direct, or attract attention to an object, person, institution, organization, business product, service, event, or location by any means, including words, letters, figures, symbols, colors, illumination, or projected images. This definition shall not include official notices issued by a court or public body or officer or directional, warning or information signs or structures required by or authorized by law or by federal, State, or County or city authority.
SIGN, ADVERTISING: The business or enterprise of promotion of the messages of others, usually for a fee or other consideration, in contrast to self-promotion. This term has the same meaning as "general advertising".
SIGN, FREESTANDING: Any mobile or portable sign, not securely attached to the ground or any other structure.
SINGLE-FAMILY DWELLING: See "Dwelling."
SITE: In general terms means any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN: A plan, prepared to scale, showing proposed uses and structures for a parcel of land, including such details necessary to illustrate the final proposed use and development.
SITE PLAN REVIEW: A permit process that establishes criteria for the layout, scale, appearance, safety, and environmental impacts of a proposed development to ensure conformance to city standards and criteria.
SOLAR ENERGY SYSTEM: Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
SPECIAL EVENT: An establishment or enterprise involving large assemblages of people or automobiles on private land including, but not limited to, a carnival or circus; automobile, boat, or foot race; rodeo; outdoor concert, play or festival involving more than one hundred people; professional golf or tennis tournament.
STORY: The portion of a building including between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.
STREET: A public thoroughfare or road easement not less than twenty feet (20') in width, which affords principal means of access to abutting property, but not including an alley.
STREET LINE: The boundary between a street and property.
STREET SIDE: A street bounding a corner lot, adjacent to a sideline of the lot.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, or roof joists, for which a building permit is required.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on or in the ground or attachment to something having a permanent location on or in the ground, including but not limited to site-built swimming pools, gazebos, carports, patio covers. This definition does not include walls and fences less than three feet six inches (3'6") in height when located in front yards, or less than six feet (6') in height when located in side or rear yards, or other improvements of a minor character.
STRUCTURE, TEMPORARY: A structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. Such structure shall be subject to all applicable property development standards for the zone in which it is located.
SWIMMING POOL: Any permanent structure containing a body of water, having a depth of at least eighteen inches (18"), intended for recreational uses, and shall include wading pools.
TEMPORARY USE: A term applied to certain uses requiring a temporary use permit which are only permitted for a limited time.
TENANT: An occupant of land or premises who occupies, uses, and enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner's consent.
TRAILER: A vehicle without motive power, designed, and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.
UNDERUTILIZED: A lot or parcel that is mostly vacant, is blighted or severely deteriorated, and contains potential safety hazards.
UNIT: See "Dwelling Unit".
USE: The purpose for which land or premises, or a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
USE CLASSIFICATION: A category of use acceptable in a specified zoning district, containing specific uses that are similar in nature due to having similar impacts, hours of operation, parking needs, and other development characteristics.
USE PERMIT: A discretionary permit, such as a Conditional Use Permit, which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.
UTILITY TOWER: An open framework structure or steel pole used to support electric transmission facilities.
VACANT: A lot or parcel that contains no buildings or structures.
VARIANCE: Permission to depart from the literal requirements of the zoning ordinance.
YARD: An open space, other than a court, on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.
YARD, FRONT: A yard extending across the front of the lot between the inner side yard lines and measured between the front lot line and the nearest line of the main building.
YARD, REAR: A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line or point of the main building nearest the rear line of the lot.
YARD, SIDE: A yard on each side of a building between the building and the sideline of the lot and extending from the front line to the rear yard.
YARD, STREET SIDE: A yard extending the full depth of the parcel between the principal building and the side lot line adjacent to a public street right-of-way measured perpendicularly from the side lot line to the closest point of the principal building.
ZONE or ZONING DISTRICT: A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limited are established for buildings, all as set forth and specified in this chapter. (Ord. 2024-6, 6-17-2024)

11-8-2: USE CLASSIFICATIONS:

   (A)   Purpose: Use classifications describe one or more uses of land having similar characteristics but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Chapter. The Director may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification.
   (B)   Residential Use Classifications:
      1.   Residential Housing Types:
         (a)   Single-Family Residence: A dwelling unit that is designed for occupancy by one household, located on a single parcel that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted), and not attached to another dwelling unit on an abutting parcel. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.
         (b)   Accessory Dwelling Unit: An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multiple-unit dwelling. See Section 11-4-2, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
         (c)   Multi-Family Residence: Two (2) or more dwelling units within a single building or within two (2) or more buildings on a site or parcel. Types of multiple-unit dwellings include garden apartments, senior housing developments, and multi-story apartment and condominium buildings. This classification includes transitional housing in a multiple-unit format. The classification is distinguished from group residential facilities.
            (1)   Senior Citizen Multiple-Family Residential: A multiple-unit development in which occupancy of individual units is restricted to one or more persons sixty two (62) years of age or older, or a person at least fifty five (55) years of age who meets the qualifications found in Civil Code Section 51.3.
         (d)   Duplex: A single building that contains two (2) dwelling units or two (2) single unit dwellings on a single parcel. This use is distinguished from accessory dwelling units and junior accessory dwelling units, which are accessory residential units as defined by State law and Section 11-4-2, Accessory Dwelling Units and Junior Accessory Dwelling Units.
         (e)   Junior Accessory Dwelling Unit: A dwelling unit that is no more than five hundred (500) square feet in size and is contained entirely within an existing or proposed single-unit dwelling. See Section 11-4-2, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details. The minimum size of an ADU or JADU is two hundred twenty (220) square feet of floor area.
      2.   Employee Housing: Rental housing which has all the following attributes:
         (a)   The housing is designed for use by individuals who will reside on the property for a minimum stay of at least thirty (30) consecutive days, but who otherwise intend their occupancy to be temporary.
         (b)   The housing is intended for use by persons who will maintain or obtain a permanent place of residence elsewhere.
         (c)   The housing includes twp (2) or more of the following amenities:
            (1)   Maid and linen service.
            (2)   Health club, spa, pool, tennis courts, or memberships to area facilities.
            (3)   Business service centers.
            (4)   Meeting rooms.
            (5)   Fully furnished units including a combination of some but not necessarily all of the following: furniture, appliances, housewares, bed linens, towels, artwork, televisions, entertainment systems, and computer equipment.
            (6)   Valet Parking.
      3.   Emergency Shelter: A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to six (6) months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.
      4.   Family Day Care: A day-care facility licensed by the State of California that is located in a dwelling unit where a resident of the dwelling provides care and supervision for children under the age of eighteen (18) for periods of less than twenty four (24) hours a day.
         (a)   Small: A facility that provides care for up to six (6) children including children who reside at the home and are under the age of ten (10), or up to eight (8) children in accordance with Health and Safety Code Section 1597.44, or any successor thereto.
         (b)   Large: A facility that provides care for up to twelve (12) children, including children who reside at the home and are under the age of ten (10), or up to fourteen (14) children in accordance with Health and Safety Code Section 1597.465, or any successor thereto.
      5.   Group Residential: Shared living quarters without a separate kitchen or bathroom facilities wherein two (2) or more rooms are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence, offered for rent for permanent or semi-transient residents for periods generally of at least thirty (30) days. This classification includes rooming and boarding houses, dormitories, fraternities, convents, monasteries, and other types of organizational housing, and private residential clubs, but excludes Hotels and Motels, Residential Care Facilities, and Re-Entry Facilities.
         (a)   Small, a facility that houses six (6) or fewer persons.
         (b)   Large, a facility that houses seven (7) or more persons.
      6.   Low Barrier Navigation Centers: A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
         (a)   The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
         (b)   Pets.
         (c)   The storage of possessions.
         (d)   Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
      7.   Mobile Home Park: Any area or tract of land where two (2) or more lots are rented, leased, or held out for rent or lease, to accommodate mobile homes used for human habitation in accordance with Health and Safety Code Section 18214, or any successor thereto.
      8.   Residential Care: Facilities that provide permanent living accommodations and twenty four (24) hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including group homes for minors, persons with disabilities, people in recovery from alcohol or drug addictions, and hospice facilities.
         (a)   Residential Care, General: A residential facility licensed by the State of California and providing care for more than six (6) persons.
         (b)   Residential Care, Limited: A residential facility licensed by the State of California providing care for six (6) or fewer persons.
         (c)   Residential Care, Senior: A housing arrangement chosen voluntarily by the resident, the resident's guardian, conservator, or other responsible person; where residents are sixty (60) years of age or older and where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing-care retirement communities and life care communities licensed for residential care by the State of California.
         (d)   Hospice, General: A facility that provides residential living quarters for more than six (6) terminally ill persons.
         (e)   Hospice, Limited: A facility that provides residential living quarters for up to six (6) terminally ill persons.
      9.   Supportive Housing: Dwelling units with no limit on the length of stay, that are occupied by the target population as defined in Section 50675.14 of the California Health and Safety Code, and that are linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community.
      10.   Transitional Housing: Dwelling units with a limited length of stay that are operated under a program requiring recirculation to another program recipient at some future point in time. Transitional housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. Transitional housing may be provided in a variety of residential housing types (e.g., multiple-unit dwelling, single-room occupancy, group residential, single unit dwelling). This classification includes domestic violence shelters.
   (C)   Public And Semi-Public Use Classifications:
      1.   Child Care Facility: Establishments providing non-medical care for persons less than eighteen (18) years of age on a less than twenty four (24) hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Section 11-4-4, Child Care and Early Education Facilities, for further details.
      2.   Community Gardens: An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property. Community gardens do not include medical marijuana collectives.
      3.   Cultural Facilities: Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.
      4.   Hospitals And Clinics: State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services).
         (a)   Hospital: A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
         (b)   Clinic: A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).
      5.   Parks And Recreation Facilities: Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.
      6.   Parking, Private Or Public: Surface lots and structures which offer parking to the public for a fee, when such parking is not associated with another on-site activity.
      7.   Schools, Public Or Private: Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the State of California.
      8.   Religious Facilities: A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated.
   (D)   Commercial Use Classifications:
      1.   Adult Businesses: An establishment that, as a regular and substantial course of conduct, offers, sells or distributes adult-oriented merchandise, or that offers to its patrons materials, products, merchandise, services, entertainment, or performances that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specified sexual activities or specified anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologists, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certificates under applicable State law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate.
      2.   Animal Care, Sales And Services: Retail sales and services related to the boarding, grooming, and care of household pets, including:
         (a)   Grooming And Pet Store: Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
         (b)   Kennel: A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining four (4) or more dogs, cats, or other household pets not owned by the kennel owner or operator on a twenty four (24) hour basis. This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of twenty four (24) hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to twenty four (24) hour accommodation, provide pet care for periods of less than twenty four (24) hours but it does not include facilities that provide pet day care exclusively or predominantly.
         (c)   Pet Day Care Service: A commercial, non-profit, or governmental facility for keeping four (4) or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than twenty four (24) hours.
         (d)   Veterinary Service: Veterinary services for domesticated animals. This classification allows twenty four (24) hour accommodation of animals receiving medical services but does not include kennels.
      3.   Artist's Studio: Workspace for an artist or artisan, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. This use is distinguished by incidental retail sales of items produced on the premises and does not include joint living and working units.
      4.   Automobile/Vehicle Sales And Services: Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:
         (a)   Alternative Fuels And Recharging Facility: A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
         (b)   Automobile Rental; Rental of automobiles: Typical uses include car rental agencies.
         (c)   Automobile Storage Parcel: Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership.
         (d)   Automobile/Vehicle Sales And Leasing: Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies. This classification does not include automobile brokerage and other establishments which solely provide services of arranging, negotiating, assisting, or effectuating the purchase of an automobile for others.
         (e)   Automobile/Vehicle Repair: Repair of automobiles, trucks, motorcycles, motor homes, boats, and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts, generally on an overnight basis. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, and vehicle painting, but excludes vehicle dismantling or salvaging and tire retreading or recapping.
         (f)   Service Station: Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services.
         (g)   Towing And Impound: Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.
         (h)   Car Washing: Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities. This Includes drive-thru car washing facilities.
      5.   Banks And Financial Institutions:
         (a)   Bank And Credit Union: Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).
         (b)   Check Cashing Business: Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.
      6.   Bars/Nightclubs/Lounges: Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks. This use includes micro-breweries where alcoholic beverages are sold and consumed on-site and any food service is subordinate to the sale of alcoholic beverages.
      7.   Car Washes And Detail Services: See Automobile Car Washing under subsection (D)4(h) above.
      8.   Convenience Store: A store for the retail sale of grocery or sundry items to residents of a neighborhood or to highway travelers. Convenience stores are not as large as supermarkets (less than three thousand (3,000) square feet gross floor area) and generally operate during the late night and early morning hours (ten o'clock (10:00) P.M. to eight o'clock (8:00) A.M.). Convenience stores may also sell fuel and oil but may not perform any type of automotive service.
      9.   Entertainment Facilities: Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.
         (a)   Cinema: Facilities for indoor display of films and motion pictures.
         (b)   Theater: Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances, or musical instruments and equipment are used.
         (c)   Convention And Conference Centers: Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
         (d)   Large-Scale Facility: This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It also includes indoor facilities with five thousand (5,000) square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice- or roller-skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables.
         (e)   Small-Scale Facility: This classification includes small, generally indoor facilities that occupy less than five thousand (5,000) square feet of building area, such as billiard parlors, card rooms, game arcades, health clubs, yoga studios, dance halls, small tennis club facilities, poolrooms, and amusement arcades.
      10.   Eating And Drinking Establishments:
         (a)   Restaurant, With Alcohol Sales: Restaurants providing food and beverage services, including the sales of alcoholic beverages for consumption on the premises. Takeout or delivery service may be provided. This use includes micro-breweries where the sale and consumption of alcoholic beverages are subordinate to on-site food service. See Section 11-4-7, Alcoholic Beverage Sales.
         (b)   Restaurant, Without Alcohol Sales: Restaurants providing food and beverage services without the sales of alcoholic beverages. Food and beverages may be consumed on the premises, taken out, or delivered. This classification also includes catering businesses or bakeries that have a storefront retail component.
            (1)   With Drive-Through Facility: Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service.
            (2)   With Outdoor Dining And Seating Area: Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Section 11-4-6, Outdoor Dining.
      11.   Fitness Centers: See Entertainment Facilities, Large-scale
      12.   Gun And Ammo Sales: Any retail sales business engaged in selling, leasing, purchasing, or lending of guns, firearms, or ammunition.
      13.   Food And Beverage Sales: Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
         (a)   Farmer's Markets: A commercial use primarily consisting of an organized display, indoors or outdoors, of agricultural products in their natural state for retail sale. Other products such as processed food (dried fruit, cheese or bread, for example), or artisan handiwork or art, are sometimes sold at Farmer's Markets as well. Farmer's Markets which take place within a fully enclosed building which is not disassembled when the Farmer's Market is not in operation shall be considered Healthy Food Grocers.
         (b)   General Market: Retail food markets of food and grocery items for offsite preparation and consumption. Typical uses include supermarkets, neighborhood grocery stores, and specialty food stores, such as retail bakeries; candy, nuts, and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production such as pasta shops with retail sales.
         (c)   Liquor Stores: An establishment less than ten thousand (10,000) square feet in size that sells liquor for off-site consumption and/or that devotes thirty percent (30%) or greater floor area to the selling of packaged alcoholic beverages (such as ale, beer, wine, and liquor) for off-site consumption.
      14.   Home Occupation: A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Section 11-4-3, Home Occupations for further details.
      15.   Home Goods And Hardware Stores: Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than ten thousand (10,000) square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
      16.   Hotel: Any building, or portion thereof, containing six (6) or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied or which are occupied as the more or less temporary abiding place of six (6) or more individuals who are lodged with or without meals for compensation, whether the compensation for hire is paid directly or indirectly, and in which no provision is made for cooking in any individual room or suite.
      17.   Motel: A building, or group of buildings, used for transient residential purposes, 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 transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels, and similar designations.
      18.   Mortuary: An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include crematories, columbaria, mausoleums, mortuaries, funeral chapels, and funeral homes.
      19.   Offices:
         (a)   Medical And Dental, Clinic And Laboratory: Office use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services.
         (b)   Business And Professional: Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices, and tax preparation offices.
         (c)   Walk-In Clientele: An office business providing direct services to patrons or clients that may or may not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities that are separately classified and regulated.
      20.   Pawn Shop: An establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property, and as further defined in California Financial Code Section 21000.
      21.   Personal Services:
         (a)   General Personal Services: Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, day spas, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying, photo finishing services, and travel agencies mainly intended for the consumer.
         (b)   Personal Services, Physical Training: Gyms, exercise clubs, or studios offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups of five (5) or less persons. This classification also includes exclusively youth-serving studios of less than three thousand (3,000) square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than five (5) persons.
         (c)   Fortune Telling Service: An establishment engaged in or that professes to foretell future or past events or that is engaged in the practice of palmistry (the art or practice of reading a person's character or future from the lines on the palms of hands). Examples of this use type include astrologers, fortune tellers, palm and card readers, and psychics.
         (d)   Massage Establishments: Any business, including a sole proprietorship, which offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron. Massage therapy includes the application of various techniques to the muscular structure and soft tissues of the human body, including, but not limited to, any method of pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of, the external surfaces of the body with the hands or with any object or appliance. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist who is duly State-licensed to practice their respective profession in the State of California, and out-service massage therapists certified pursuant to the California Business and Professions Code Section 4612.
      22.   Retail Shops And Boutiques: The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with eighty thousand (80,000) square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, hardware stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.
      23.   Tattoo Or Body Parlor: An establishment whose principal business activity is one or more of the following: 1) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or 2) creating an opening in the body of a person for the purpose of inserting jewelry or other decoration.
   (E)   Manufacturing Use Classifications:
      1.   Agricultural Product Processing: Establishments performing a variety of operations on crops after harvest, to prepare them for market on-site or further processing and packaging at a distance from the agricultural area including, but not limited to: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits, and vegetables; pre-cooling and packaging of fresh or farm-dried fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed, and grain; sorting, grading, and packing of fruits and vegetables, tree nut hulling and shelling; cotton ginning; wineries, alcohol fuel production; and receiving and processing of green material, other than that produced on-site (commercial composting).
      2.   Chemical And Mineral Storage, Mixing And Sales: Storage of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, and fireworks.
      3.   Construction And Material Yards: Storage of construction materials or equipment on a site other than a construction site.
      4.   Commercial Kitchen: Kitchens used for the preparation of food to be delivered and consumed off-site. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products.
      5.   Media Production: Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations.
      6.   Personal Storage: Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
      7.   Recycling Facility: A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities (see Utilities, Major).
         (a)   Recycling Collection Facility: An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site.
         (b)   Recycling Processing Facility: A facility that receives, sorts, stores and/or processes recyclable materials.
      8.   Utilities, Major: Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
      9.   Utilities, Minor: Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.
      10.   Warehousing, Storage, And Distribution: Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.
         (a)   Chemical, Mineral, And Explosives Storage: Storage and handling of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.
         (b)   Indoor Warehousing And Storage: Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.
         (c)   Outdoor Storage: Storage of vehicles or commercial goods or materials in open parcels.
         (d)   Personal Storage: Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
         (e)   Wholesaling And Distribution: Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. (Ord. 2024-6, 6-17-2024)