"Accent lighting" means any directional lighting that emphasizes a particular object or draws attention to a particular area.

"Accessory" means a building, part of a building or structure or use, which is subordinate to, and the use of which is incidental to that, of the main building, structure or use on the same lot. Where the wall of an accessory building is a part of, or joined to, the wall of the main building, such accessory building shall be counted as part of the main building.

"Accessory Structure or Use" means any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the use. Accessory structures include, but are not limited to, guest houses, storage sheds, spas, swimming pools, detached garages/carports, covered patios, etc.

"Administrative Use Permit (AUP)" means a ministerial entitlement under the provisions of this zoning code, which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement.

"Adult Business" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration either of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other electronic video media which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

b. Instruments, devices, or paraphernalia, which are designed for use in connection with specified sexual activities.

Adult businesses also include properties used for the purpose of filming or producing films characterized by the depiction or description of specified sexual activities or specified anatomical areas.

"Affix" means attach, erect, construct, install, place, suspend, paint, post, or display.

"Airport or Aircraft Land Field" means any area which is used or is intended to be used for the taking-off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways, and tie-down areas.

"Alcoholic Beverage" shall include alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine or beer, that contains one-half or 1 percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.

"Alcoholic Beverage Sales Activity" means the retail sale of alcoholic beverages for on-site (i.e., as part of a restaurant, bar or entertainment) or off-site consumption.

"Alcoholic Beverage Sales Establishment" means any establishment that is permitted to sell and/or serve alcoholic beverages. This includes the wholesale and retail sale of beer, wine or distilled spirits for on-premises or off-premises consumption.

"Alcoholic Sales, Offsite" means the retail sale of alcoholic beverages for off-site consumption.

"Alley" means a public or private way typically reserved as a secondary means of access to abutting property.

"Amplified Sound" means the use of sound amplification equipment in outdoor areas. All sound amplification equipment shall be operated in compliance with the requirements of the Upland Municipal Code Chapter 9.40 (Unnecessary Noise).

"Animal Care, Sales, and Services" mean the commercial provision of indoor and outdoor shelter, care, and medical services to small animals, and the retail sale of animals:

"Non-boarding" means the provision of bathing and trimming services for small animals on a commercial basis. These uses include boarding of domestic animals for a maximum period of 48 hours.

"Boarding Indoor" means the provision of indoor shelter and care for small animals on a commercial basis including activities (e.g., feeding, exercising, grooming, and incidental medical care).

"Boarding Outdoor" means the provision of outdoor shelter and care for small animals on a commercial basis including activities (e.g., feeding, exercising, grooming, and incidental medical care).

"Animal Hospitals and Veterinary Services" means establishments where small animals receive medical and surgical treatment.

"Animal-Keeping, Commercial" means any establishment that keeps animals for sale or hire, provides medical treatment for animals on the premises or regularly offers any temporary boarding facilities for animals. Animal Keeping, Commercial includes but is not limited to: obedience and/or training facilities, kennels, refuges/rescue facilities, impoundment facilities, boarding services, veterinary clinics and animal hospitals.

"Animal-Keeping, Non-Commercial" means any establishment that keeps animals only as pets, or for the production of eggs, milk, honey or meat for personal use only. Up to five chickens are permitted in single-family residential zones.

"Antenna" means a device used in wireless communications, which radiates and/or receives commercial cellular, personal communication service and/or data radio signals. For the purpose of this section, antenna shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM or shortwave radio reception purposes.

"Appeal" means the process that calls for review of any actions, interpretations, and decisions made by the Planning Commission and Development Services Director.

"Arcade" means a continuous covered area, which opens onto a street or a plaza.

"Art Gallery" means a room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised or exhibited to the general public.

"As-of-right" means a development or enlargement complies with all applicable zoning regulations and does not require any discretionary action by the City Planning Commission or Board of Standards and Appeals.

"Assembly Use" means a use conducted in a structure or portion of a structure for the purpose of a civic, education, political, religious, or social function. Assembly use includes, but is not limited to, churches and other places of religious assembly.

"Automotive Service Related Use" means a retail or service commercial place of business engaged in the supplying of goods and services associated with the operations and maintenance of motor vehicles and the fulfilling of motorists' needs. The goods and services provided by automotive service related uses include, but are not limited to, the following: the sale of motor fuels or petroleum products; the selling, leasing, or renting of vehicles; the performance of major or minor automotive maintenance and repair; the sale and servicing of tires, batteries, automotive parts and accessories, and audio-video components and equipment; car washing and oil lubrication services; and the supplying of other incidental customer services and products.

i. Full Service. A car wash establishment where operating functions are performed entirely by an operator/owner with the use of washing, waxing, and drying equipment supplemented with manual detailing by the operator/owner.

ii. Self-Service or Accessory. An establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant.

h. "Smog Check Testing" means a state-contracted emissions test facility designed to provide consumers with smog check inspections, but not repairs, on vehicles.

"Balloon" means an object made of an airtight material, no greater than eighteen inches in diameter at its widest point, filled with air or gas and used as a sign.

"Banks and Financial Institutions" mean institutions that provide financial services for its clients or members. This includes banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, other investment companies, securities/commodity contract brokers and dealers, security and commodity exchanges, and vehicle finance (equity) leasing agencies.

a. "ATM (Automatic Teller Machine)" means a machine used by bank and financial service patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations.

b. "Banks and Credit Unions" means a bank, savings and loan, credit union, or other financial institution that provides retail banking services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money.

c. "Check Cashing Businesses" means a place of business where one can cash a check for a fee.

"Banner" means a strip of cloth, thin plastic or other flexible material on which a sign is painted, printed, or otherwise displayed.

"Bars, Nightclubs, and Lounges" shall refer to businesses devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

"Bed and Breakfast" means either a bed and breakfast homestay or a bed and breakfast inn depending on the number of guest rooms.

a. "Bed and breakfast homestay" means a private, owner-occupied residence, providing between one and five guest rooms.

b. "Bed and breakfast inn" means an owner-or manager-occupied residence, which provides more than five guest rooms.

Further, "guest room" means a sleeping room occupied by a specific number of persons in either a bed and breakfast homestay or bed and breakfast inn.

"Bedroom" means any room, which may be used for sleeping purposes. A den, living room, loft, study and dining room do not constitute a bedroom.

"Beekeeping" means the cultivation of bees on a commercial scale for the production of honey.

"Boarding house" means more than one individual occupies a dwelling unit or other lodging facility, not including a bed and breakfast, hotels or motels, for a temporary length of time and provides the property owner or manager with regular compensation. Boarding is prohibited in single-family residential dwelling units.

"Building" means a permanently located structure having a roof (all forms of vehicles excluded).

"Building Footprint" means the area within the perimeter of a building measured at the foundation. It shall include roofed areas and any cantilevered portions of the building. The term "building footprint" shall not include open uncovered patios, decks, unroofed stoops or stairs or roof projections. It shall not include one-story open porches or porticos extending up to 12 feet zero inches from the exterior walls of a structure. Any portion extending more than 12 feet zero inches from the exterior walls shall be included in the building footprint.

"Building Frontage" means that side thereof which faces upon a public or private street, common open space (such as a paseo) or parking area between such building and the street. Where a building faces two or more streets, the frontage containing the principal entrance to the building shall be considered to be the building frontage.

"Building Height" means the vertical distance, measured from the average finished grade of the site covered by the building, to the ceiling of the uppermost story.

"Building-mounted" or "Structure-mounted" means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure.

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

"Business Support Service" means an establishment within a building, providing other businesses with various services including maintenance, repair and service, testing, rental, etc.

"California Department of Alcoholic Beverage Control" or "ABC" is the department of the State of California empowered to act pursuant to Article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.

The "California Environmental Quality Act" or CEQA is a state law (California Public Resources Code Section 21000 et seq.) requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project. General Plans usually require the preparation of a "Program EIR."

"Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.

"Cemetery" means any place for the burial, disposal or long-term storage of human remains, including but not limited to, a columbarium, crematory or mausoleum.

"Centerline" means the centerline of a street or right-of-way as established by official surveys.

"Child Care/Day Care Center" means any group of buildings, building or portion thereof used primarily for the daytime care of children.

"City Council" serves as the review and decision-making authority on legislative actions, discretionary permit and approval applications, and appeals filed from Planning Commission decisions. The City Council conducts meetings that are regularly open to members of the public.

"Collection Facility" means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public, including reverse vending machines.

"Co-located" means the locating of wireless communications antennas or equipment from more than one provider on a single wireless communication facility.

"Communal Facility" means facilities owned by the public intended for public access as outlined by the City. Access may be limited for staffing, safety, or other valid reasons.

"Community Assembly" is defined as:

a. A gathering of 50 or more persons for such purposes as including, but not limited to, deliberating, education, worship, entertainment, drinking.

b. A meeting facility for organizations including, but not limited to churches and other religious institutions, clubs and lodges, community centers and meeting halls for organizations.

"Community Center" means a building or site used for recreational, social, educational, and cultural activities, owned and operated by a nonprofit group, governmental agency, quasi-governmental agency or commercial entity.

"Community Garden" means a piece of land in which a variety of edible plants are grown and cultivated by the members of the community.

"Compatible Use" means a use that by its manner of operation is suitable in the zone in which it is located. Such use of land or building shall be in harmony with the uses on abutting properties in the same zones.

"Conditional Use Permit (CUP)" means a discretionary entitlement under the provisions of this zoning code, which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement.

"Condition of Approval" means a condition, stipulation, or covenant that the review authority attaches to a zoned parcel to ensure that the purposes of the Zoning Ordinance shall be achieved. The conditions shall be covenants running with the land.

See Food and Beverage Sales

"Copy" means the words, symbols, and/or devices used to display or convey a meaning, image, or message when displayed on a sign.

"Correctional Institution and Facility" means publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.

"Cottage Food Operation" means a small-scale commercial industry that is typically run from an individual's home or small business. Products from cottage food operations are often found at farmers markets and other small community organized events and fairs.

See Golf Course and Country Club

"Court" means any space where the boundaries of the space is formed by three or more exterior walls of a single building or enclosed by multiple buildings on three sides, and which space is open and unobstructed from the ground to the sky.

"Courtyard Housing/Apartment Court" means a group of dwellings arranged about two or more sides of a court, which opens into a dedicated street or public way, or on a place approved by the commission.

"Covenant" means an agreement between the City and an individual doing business in the City that either pledges to do and/or refrain from doing something.

"Covenants, Conditions and Restrictions" or "CC&Rs" shall refer to specific written rules, limitations and restrictions on use, mutually agreed to by all owners of homes in a subdivision or condominium complex. CC&Rs are enforced by a homeowners association or by individual owners and are permanent (i.e., "run with the land") so future owners are bound to the same rules.

"Covered Parking Space" means a parking space that is located underneath a permanent structure having a roof.

"Cultural Facility and Institution (Assembly)" means places or institutions managed by non-profit groups, jurisdictions, or other public accommodation companies for the purpose of fostering or preserving interests in one or more of the arts or sciences, and involving the gathering of people for educational or social purposes. This use includes music halls, theaters, and concert venues.

"Cultural Facility and Institution (Non Assembly)" means places or institutions managed by non-profit groups, jurisdictions, or other public accommodation companies, fostering or preserving interests in one or more of the arts or sciences, but does not facilitate the gathering of people. This use includes libraries, museums, and art galleries.

"Cultural Resource" means items, structures, etc. of historical, archaeological, or architectural significance.

"Day Care" means the supervision and non-medical care of persons, at a facility that is not the primary residence of such persons, for periods less than 24 hours each day.

"Density Bonus" means a density increase of a specified amount as dictated by this zoning ordinance granted in exchange for the provision of a community benefit, such as affordable housing, child care services and the donation of land.

"Development Agreement" means a contract between the City and an applicant for a development project, in compliance with Government Code Section 65864 et seq. The purpose of a Development Agreement is to:

a. Facilitate development projects for which there is significant applicant contribution toward infrastructure, public facilities, open space or other amenities, or other programs of benefit to the City and its residents.

b. Assure the applicant that upon approval of the subject project, the project may proceed in accordance with existing City policies, rules, and regulations in place at the time of Development Agreement approval.

c. Encourage private participation in comprehensive planning and provision of public facilities, including, but not limited to, streets, sewerage, transportation, potable water, schools, and utilities.

d. Provide a net benefit to the City and its residents not otherwise obtainable through other processes.

"Development Services Director" (or Director) means the primary administrator responsible for directing, organizing, and reviewing the activities of the Development Services Department including planning, economic development, housing, redevelopment, building inspection, code enforcement and zoning programs.

"Direct Light" means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

"Director" means the Development Services Director or his or her designee.

"Drilling (oil, gas, or other similar)" means any boring through the earth's surface using equipment designed to extract petroleum, natural gas or other similar natural resources.

"Dry Cleaner" means a service establishment that is primarily engaged in high volume laundry and garment services, including dry-cleaning and garment pressing, linen suppliers, uniform services, diaper services, industrial laundries, and carpet and upholstery cleaners.

"Duplex" means two attached dwelling units on one residential lot or parcel, and designed for occupancy by two independent households. Each dwelling unit of a duplex contains its own cooking, sleeping and sanitary facilities; its own entrance; and, shares no common interior space. Duplex dwellings share a common wall or contain a single unit on the first floor with another above it.

"Dwelling, Multiple Family" means a building or portion thereof, designed for, or occupied by, three or more families living independently of each other. Multiple family dwellings have at least one common wall. Townhome and wrap/podium housing types, condominiums, and apartments are considered multiple family dwellings.

"Dwelling, Single Family" means a detached building designed for, or occupied exclusively by, one family.

"Dwelling Unit" means two or more rooms in a dwelling or apartment hotel designed for, or occupied by, one family for living or sleeping purposes and having only one kitchen.

"Primary Dwelling Unit" means the principal residence on the site.

"Easement" means the real property for which the right of use is given to another for a specific purpose.

"Eating and Drinking Establishment" means businesses that are engaged primarily in preparing and serving meals and/or alcoholic beverages providing indoor and/or outdoor seating to its customers.

a. "Bars, Nightclubs, and Lounges" means businesses devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

b. "Restaurants, Full-Services, Limited Service, Take-out" means a restaurant where food is customarily prepared on the premises and food orders are taken by and served to patrons by a waiter or waitress while the patron is seated at a table or dining counter located inside the restaurant (full-service) or means a restaurant where food is customarily ordered by patrons while standing at a window or counter located inside a building and where food is consumed on or off the premises (take-out).

c. "Restaurants, with Drive-Through Facilities" means a business, the character of which by design or operation provides food and drink service directly to occupants of motor vehicles or directly to pedestrian traffic from an exterior service or counter, or any combination of the foregoing, including a business where a customer is permitted or encouraged by the design of physical facilities, by advertising, or by service and/or packaging procedures, to carry on his business in the off-street parking area accessory to the business, while seated in his motor vehicle, and also including fast-food, self-service and take-out foodstands.

d. "Restaurants, with Live Entertainment/Dancing" means a restaurant or drinking establishment that provides incidental musical performances.

e. "With Outdoor Dining and Seating" means any outdoor space directly adjacent to a primary use for the purpose of outdoor food or beverage service and dining.

f. "Beer, Wine and Liquor for Sale" means an eating establishment that provides accessory sales of alcoholic beverages including beer, wine, and distilled spirits for on-site consumption.

"Efficiency Unit" means a dwelling unit for occupancy by not more than two persons, which has a minimum floor area of 150 square feet and as further defined by California Health and Safety Code Section 17958.1.

"Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (Cal Health & Safety Code § 50801)

"Enclosed Parking Space" means a parking space that is located within a permanent structure having a roof, a concrete floor, walls on all sides and doors to close both vehicle and pedestrian entrances.

"Encroachment" means the intrusion or extension of a building or structure onto or into an adjacent property of another. Encroachment is typically used to describe unlawful placements.

"Environmental Impact Report (EIR)" means a report required of general plans and proposed development projects by the California Environmental Quality Act and which assesses all the environmental characteristics of an area and determines what effects or impacts will result if the area is altered or disturbed by a proposed action. (See "California Environmental Quality Act.")

"Equestrian Establishment" means a facility, center or establishment created and maintained for the purposes of managing, accommodating, training or competing equids, especially horses. This use may be known as barn or stables, including commercial operations such as boarding stable, livery yard, or livery stable that also offers services such as riding schools, farriers, vets, shops and equipment repairs.

"Establishment" means a place of business, professional services, or organized activities (not including residential use), profit seeking or nonprofit, with its furnishings and staff, which may be regarded as the smallest unit conveyable by sale, rent, or lease.

"Family" means one or more persons living together as a single housekeeping unit in a dwelling unit. See "Single housekeeping unit."

In accordance with Section 1502 of the Health and Safety Code, "residential care facility" means any family home, group care facility or similar facility for twenty-four-hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, where medical care is not a major element. Examples of residential care home uses include children's homes, transitional houses, orphanages, rehabilitation centers, and self-help group homes. Convalescent homes, nursing homes, and similar facilities with medical care services are excluded from this definition.

a. Family Day Care, Small: means a family day-care home that serves eight or fewer children, including children who reside at the home.

b. Family Day Care, Large: means a family day-care home that serves nine to 14 children, including children who reside at the home.

"Financial Assurance" means there is sufficient documentation or proof that there is sufficient funding to cover the projected costs of a facility, project, or regulatory change while satisfying all regulatory compliances at the Federal, State, or local municipal level.

"Findings" mean the conclusion reached as a result of an inquiry during the permit approval process.

"Finished Grade" means the elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code.

"Fire Arms Club and Establishment" means the retail sale of firearms or ammunition by a firearms dealer, whether it is the principal sales item or incidental to the overall sales. This use includes firearms dealers that transfer and lease any firearms.

"Fixture" means the assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

"Flag" means a piece of fabric, usually rectangular in shape, with a distinctive design that is used as a symbol or signaling device and is usually displayed hanging free from a staff or pole, to which it is attached by one edge.

"Food and Beverage Sales" means the retail sale of food and beverages for off-site preparation or consumption.

a. "Bakery" means any establishment manufacturing bakery products for retail or wholesale, operating standard bakery ovens, rotary ovens, peel ovens and other commercial bakery equipment, or operating delivery trucks, or shipping such bakery products interstate.

b. "Catering Business" means a business that prepares and delivers food and beverages for off-site consumption without provision for on-site pickup or consumption.

c. "General Market/Convenience Store (less than 10,000 square feet)" means a retail store of 10,000 square feet or less in gross floor area, which carries a range of merchandise oriented to daily convenience and travelers' shopping needs.

d. "Specialty Food Store" means a use that is intended to apply to specialty foods provided by uses like bakeries, delicatessens, and confectioneries, with liquor consumption and food principally consumed off-site.

e. "Supermarkets (10,000 square feet or more)" means a retail store of 10,000 square feet or more in gross floor area, which carries a range of merchandise oriented to daily grocery shopping needs.

"Food Cottage/Cottage Food Operation" means an enterprise within the registered or permitted area of a dwelling unit where the cottage food operator, as defined by California Health and Safety Code Section 113758, resides and where cottage food products pursuant to California Health and Safety Code Section 113758 are prepared or packaged for direct, indirect, or direct and indirect sale to consumers.

"Freestanding Sign" means a sign which is not attached to a building, but instead either: (a) has its base mounted directly on the ground (a monument sign); or (b) is supported by one or more uprights, poles, or braces in or upon the ground (a pole sign), and which is permanently mounted in a fixed location.

"Freeway Sign" means a sign which is so located and oriented as to be primarily visible to motorists on a nearby freeway or freeway ramp.

"Street Frontage" means the length of the property line of a single parcel, which abuts a legally accessible street or right-of-way.

"Funeral Home/Mortuary" means the provision of services including preparing human remains for burial, and arranging and managing funerals. This use does not include cemeteries, crematoriums, and columbariums.

"Garage" means a fully enclosed accessory building or an accessory portion of the main building, designed and used for the shelter and parking of vehicles and interior residential storage, where applicable.

"Glare" means light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness.

"Golf Course and Country Club" means a commercial recreational facility that provides at least nine holes for playing the game of golf and is improved with tees, greens and fairways. A golf course may include accessory uses such as a clubhouse.

"Governmental Facility" means a structure owned, operated, or occupied by the City or other governmental agency to provide a governmental service to the public (e.g., City Hall, community recreation center, post office, library, etc.).

"Finished Grade" means the expected grade after construction activities.

"Natural Grade" means the grade unaffected by construction, fill, or landscape.

"Grandfathered" means a use or structure not conforming to this ordinance that was in place at the time this ordinance was adopted. When a use or structure is "grandfathered", it means that it already existed and is not required to change to conform to the requirements of the new zoning ordinance, unless otherwise required by an adopted abatement procedure.

"Guest House" means living quarters, excluding a second dwelling unit, within an accessory building located on the same lot with a main dwelling, and which includes living and sleeping facilities designed and intended to be used solely for the purposes of living and sleeping, and having no kitchen.

"Habitable" means a structure that can be occupied for residential use.

"Health/Fitness Facility" means a facility providing equipment and/or instructional services for the purpose of increasing physical fitness. This use includes fitness centers, gymnasiums, health and athletic clubs including any of the following: sauna, spa or hot tub facilities; tennis; handball, racquetball, archery; and shooting ranges and other sports activities.

a. "Dance Studios, Pilates Studio, Yoga Studio, Martial Arts Studio" mean space or studios in which yoga, dance, pilates, and martial arts are practiced.

b. "Gymnasiums, Health Clubs, and Similar Uses" means a facility that provides equipment and space for physical exercise and/or courses and training related to physical fitness, including work-out areas, training equipment, sports facilities (e.g., swimming pools, basketball courts, climbing walls), and group and personal training.

"Historic commission" means an advisory board to the Upland City Council which makes recommendations on protecting historic resources.

"Historic District" means any area or place, which is historically or archeologically significant, or which is significant in the architectural, engineering, scientific, economic, agriculture, educational, social, political, military, or cultural history to the City, State of California and/or the United States.

"Historic Site" means one or more of the following:

a. Any lot within a federal, state or local designated historic district;

b. Any site designated as a federal, state or local historic structure, site or landmark;

c. Any site or structure identified in a historic survey adopted by the Upland city council; or

d. Any site or structure having the potential to be designated as a local historic landmark.

"Home Occupation" means the conduct for pecuniary gain of an art or profession, the offering of a service, or the conduct of a business or handicraft manufacture of products within or from a residence in a residential zone. A home occupation is incidental and secondary to the primary residential use and does not change the residential character of the neighborhood.

"Horizontal Plane" means a ninety degree angle measured from a vertical line from the bottom of the lamp or bulb extended to the ground.

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured, or infirmed persons and including sanitariums, institutions for the care of chronic drug addicts and mental patients. Includes nursing homes or convalescent care.

"Hotel and Motel" mean facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days).

a. "Hotel" means any building or portion thereof designed or used for containing six or more guest rooms or suites of rooms or a combination of six or more guest rooms or suites of rooms, and not more than two dwelling units, but not including any institutions in which human beings are housed or detained under legal restraint.

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

"Indirect Light" means light that has been reflected or has scattered off of other surfaces.

"Industrial, General " means a use that is intended to allow for a full range of industrial and manufacturing uses, including operations that necessitate the storage of large volumes of hazardous or unsightly materials, or that produce dust, smoke, fumes, odors, or noise at levels that would affect surrounding uses. This definition includes casting, milling, smelting, refining, plating, rendering, chemical processing, fertilizer manufacturing, tanneries, junkyards, auto wrecking yards, major waste tire storage facilities, and other similar land uses.

"Industrial, Light" means a use that is intended to allow for light industrial and business park uses with little potential to create noise, odor, vibration, or other similar impacts to surrounding areas, and is intended to generate employment opportunities in the City. This definition includes clothing and fabric product manufacturing; food and beverage product manufacturing; catering operations and wholesale bakeries; laundry, dry-cleaning, and carpet cleaning plants; establishments manufacturing and assembling small products primarily by hand, including jewelry, pottery and other ceramics; woodworking, including cabinet making and furniture manufacturing; repair of scientific or professional instruments and electric motors; and printing, publishing and lithography.

"Kelvin" means the measure of the color temperature of a light source.

"Lamp or Bulb" means the component of a luminaire that produces the actual light.

"Landscaping" means the planting and maintenance of living plant material, including the installation, use, and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

See Personal Service

"Libraries" mean a public, quasi-public or privately owned facility that is open to the public for the use, but not sale, of literary, musical, artistic or reference materials.

"Light Trespass" means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

"Live Work" means property that combines residential living space with commercial or manufacturing space in which occupant(s) may both reside and work in the same unit or building.

a. "Live-Work, Commercial" means a dwelling unit that is primarily a residential unit with ancillary use(s) as a private commercial space.

b. "Live-Work, Industrial" means industrial buildings or spaces within buildings that are used jointly for industrial and residential purposes where the residential use of the space is usually secondary or accessory to the primary use as a place of work.

See "Bed and Breakfast" and "Hotels and Motels"

"Lot" means:

a. A parcel of land with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder and legally in existence on the effective date of California Government Code Section 66410 (i.e., Subdivision Map Act); or

b. A parcel of land delineated on an approved record of survey, lot split or sub-parceling map as filed in the office of the commission and abutting at least one public street; or

c. A parcel of land containing not less area than required by the zone in which it is located, abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of California Government Code Section 66410.

"Lot Coverage" means the percentage of a site covered by all principal and accessory structures, including garages, carports, covered patios, and roofed porches. Lot coverage does not include unenclosed and unroofed decks, uncovered patio slabs, uncovered porches and landings that are less than 30 inches above grade at surface (and less than 6 feet including railings); eaves and roof overhangs projecting up to 2 feet from a wall; unenclosed pools and spas; and one non-habitable accessory structure 120 square feet or less.

"Lot Line Adjustment" means a procedure for relocating lot lines between two or more existing adjoining parcels, where land taken from one parcel is added to an adjoining parcel and where:

a. No more parcels are created than originally existed.

b. No additional lots or building sites are created.

c. The lot line adjustment shall not result in the creation of an additional substandard lot, nor in a decrease in the size of an existing substandard lot.

"Lot Merger" means a procedure for the consolidation of any number of existing contiguous parcels into one parcel under common ownership, provided that no new street is created and no existing street or public service easement is extinguished.

"Lumen" means a measurement of light energy generated by a light source. One foot-candle is one lumen per square foot. For the purposes of this Ordinance, the lumen-output values shall be the initial lumen output ratings of a lamp.

"Luminaire or fixture" means a complete lighting system, and includes a lamp or lamps and a fixture.

"Manufactured Home" means a structure designed to be used as a dwelling unit, constructed in whole or in part off the building site and subsequently transported to the site and installed on a permanent foundation, and which meets the standards of the National Manufactured Housing and Construction Safety Act of 1976.

"Marijuana-Related Use and Activity" means dispensing, cultivation, possession, manufacture, processing, storing, testing, labeling, relabeling, packaging, repackaging, transporting, delivery, distribution, provision, or sale, or any combination thereof, of marijuana, and as defined in Chapter 9.48 of the Upland Municipal Code.

See Food and Beverage Sales

"Massage" means the scientific manipulation of the soft tissues.

"Massage Establishment" means a fixed location where massage is performed for compensation.

"Massage Owner or Operator" An owner or operator shall mean:

a. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the State and date of incorporation and these names and residence addresses of each of its current officers, directors and each stockholder holding more than five percent of the stock of that corporation.

b. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners.

c. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.

"Massage Practitioner" means a person who is certified by the California Massage Therapy Council pursuant to Section 4604.2 of the Government Code and who administers massage for compensation.

"Massage Therapist" means a person who is certified by the California Massage Therapy Council under Section 4604 of the Government Code and who administers massage for compensation.

"Medical or Dental Laboratory" means an establishment providing dental or medical laboratory services; or an establishment providing analytical, photographic, or testing services.

"Medical or Dental Office" means an office or health facility providing health services including, without limitation, preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes, but is not limited to, offices providing medical, dental, surgical, rehabilitation, optometric, chiropractic and psychiatric services, and medical or dental laboratories incidental to these offices, but exclude inpatient services and overnight accommodation.

"Mill's Act" means a state act which allows local governments to enter into historic property contracts with owners of qualifying privately owned historic properties who agree to rehabilitate, restore and/or maintain their property according to the Secretary of Interior Standards (California Government Code, Article 12, Sections 50280-50290)

"Mixed-Use" means the combination of commercial and residential uses in the same structure or on the same site, where the residential component is located either above (vertical mixed-use) or behind or next to (horizontal mixed-use) the non-residential component. Non-residential uses are typically commercial uses.

a. "Mixed-Use Horizontal" means a development that provides both residential and non-residential uses with residential units located behind or next to non-residential uses.

b. "Mixed-Use Vertical" means a development that provides both residential and non-residential uses with residential units located above non-residential uses in the same building.

A "mobile food business" is a business that serves food or beverages from a self-contained unit either motorized or in a trailer on wheels, and conducts all or part of its operations on premises other than its own and is readily movable, without disassembling, for transport to another location. The term "mobile food business" shall not include vending carts or mobile ice cream vendors.

A "mobile food court" is a parcel of land where two or more mobile food businesses congregate to offer food or beverages for sale to the public.

A "mobile food trailer" is a mobile food business that serves food or beverages from a non-motorized vehicle that is normally pulled behind a motorized vehicle. The term "mobile food trailer" shall not include vending carts, mobile food trucks or mobile ice cream vendors.

A "mobile food truck" is a mobile food business that serves food or beverages from an enclosed self-contained motorized vehicle. The term "mobile food truck" shall not include vending carts, mobile food trailers or mobile ice cream vendors.

"Mobile Home" means mobile home as such term is defined in the Mobile Home Residency Law. Mobile home also means a vehicle designed and equipped for human habitation and for being drawn by a motor vehicle and having no foundation other than jacks, piers, wheels or skirtings. Mobile home includes camping trailers, motor homes, slide-in campers and travel trailers when used as the occupant's primary place of residence as established in nine months of continuous residency.

"Mobile Home Park" means any area or tract of land where two or more mobile home lots are sold, rented or leased, held out for sale, rent or lease to accommodate manufactured homes, mobile homes, or recreational vehicles used for human habitation.

"Monopole" means a structure composed of a single spire, pole or tower used to support antennas or related equipment.

"Monument Sign" means a type of freestanding sign with its base resting directly on the ground, as opposed to being mounted on one or more poles.

See Funeral Home/Mortuary

"Mounted" means attached or supported.

"Ground-Mounted" means any support equipment located separate from the antenna.

"Roof-Mounted" means mounted above the eave line of a building.

"Structure-Mounted" or "Building-mounted" means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure.

"Movie Theater" means an establishment where films/motion pictures are viewed usually for public entertainment.

"Multi-Family" means a building or portion of a building that provides three or more attached dwelling units. Multiple-family dwellings include apartment buildings, as well as townhouses or rowhouses that have apartments located above them. Multiple-family dwellings do not include temporary lodging such as hotels or motels.

"National Register of Historic Places" means the United States federal government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation.

"Noise" means any sound that is loud or disturbing or that interferes with one's ability to hear some other sound.

"Nonconforming Lot" means a lot that was legally created before the adoption of this Zoning Code or that legally existed at the time of annexation, and that does not conform to current code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the lot is located.

"Nonconforming Sign" means a sign that was legally erected prior to the adoption, revision or amendment of an ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the requirements of such new ordinance. Such sign may be nonconforming because of its type, size, location, dimensions, display of motion, type of lighting, or other factor addressed in the regulations of a sign ordinance.

"Nonconforming Structure" means a structure that was lawfully erected, but that does not conform to the property development regulations for the zoning district in which the structure is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City.

"Nonconforming Use" means a use of a structure or land that was lawfully established and maintained, but that does not conform to the use regulations for the zoning district in which it is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City.

"Non-Habitable" means a structure does not contain livable space. May include garages, carports, barns, storage sheds, gazebos, cabanas and other similar structures.

"Non-Residential" means any use which cannot be occupied for residential purposes including commercial, industrial, office, etc.

"Nursery" means a place where plants are propagated and grown to usable size, including retail nurseries and wholesale nurseries. Sales can be conducted either in-store or by mail or both.

a. "Retail Nursery" means nurseries that sell to the general public.

b. "Wholesale Nursery" means nurseries that sell only to businesses such as to other nurseries or to commercial gardeners. Some wholesale nurseries only supply products to private institutions or private estates.

"Office/Professional" means developments that are used predominantly for professional and administrative offices, supporting retail, and related uses.

"Off-Site Sign" means a sign that identifies, advertises or directs attention to businesses, buildings, occupancies, accommodations, goods, services, or activities supplied or originated outside of the specific establishment, property, or business or industrial complex where the sign is displayed. The on-site/off-site distinction applies only to commercial copy.

"On-Site Sign" means a sign that identifies or promotes an establishment, business or building, accommodations, goods, services, commodities or activities that are available or conducted within the specific establishment, property, or business or industrial complex where such sign is displayed. The on-site/off-site distinction applies only to commercial copy.

"Common Open Space" means a court, landscape, recreation building/facility or other outdoor area which is used for landscape and/or recreation and that has common access from more than one dwelling unit. Common open space may also include the water area of a pool and common recreation facilities or gardens located on top of a building or parking structure.

"Private Open Space" means any private balcony, porch, deck, patio, court, ground level yard or roof deck that is accessible from only one unit.

"Operator's Permit" means a discretionary entitlement under the provisions of this Zoning Code, which authorizes a massage establishment to conduct business at a specific property subject to compliance with all terms and conditions imposed on the entitlement.

"Outdoor Dining" means an outdoor dining area contiguous and accessory to a food service establishment.

"Outdoor Lighting" means the night-time illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

"Outdoor storage and Display" means the storage of various materials outside of a building, as an accessory use.

"Parapet Wall" means that part of any building wall entirely above the roofline.

"Parcel" means a tract or lot of land.

"Parking, Surface" means an at grade commercial parking for paying customers with or without a dwelling above.

"Parking, Structured" means any building or structure, other than a garage on the premises of and used exclusively by a single-family dwelling, that is used for the parking or storage of vehicles, whether for free or for compensation.

"Parks and Playgrounds" means a commercial or noncommercial public outdoor recreational facility that provides active or passive recreational opportunities.

"Paseo" means a pedestrian pathway between buildings.

"Pawning" an establishment engaged in the retail sale of new or secondhand merchandise and offering loans secured by personal property.

"Pennant" means a flag or banner that is longer in the fly than in the hoist, and may be used to display a message or sign, usually triangular and usually attached to a rope, cable, or wire.

"Permit, Suspension, Revocation, Modification" means the action linked to any conduct, act, omission, or occurrence prohibited by law or in violation of the Zoning Ordinance.

"Permitted Use" means a use that is permitted by right in the respective zone and is not subject to discretionary review and approval.

"Personal Service" means an establishment other than a professional office that provides services to individuals as a primary use, which tends to create minimal adverse impacts on its surroundings, and that may provide accessory retail sales of products related to the services provided. Typical uses include, but are not limited to, beauty and barber shops, shoe repair shops, tailor shops, dry-cleaning services with no on-site dry-cleaning equipment, laundromats, tanning salons, and other uses of like kind or character.

"Planned Development" means a development with the designed grouping of both varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, all within one contained development or subdivision.

"Planning Agency" means the review and implementation authority consisting of the City Council, Planning Commission and Development Services Director. The Planning Agency functions as the City's Advisory Agency in compliance with Government Code Section 65100.

"Planning Commission" means the Review and Decision-Making Authority in the administration of the Zoning Ordinance. The Planning Commission reports its findings and recommendations to the City Council.

See Parks and Playgrounds

"Portico" means an outdoor roofed space attached to a structure without screens, walls or windows (rails are allowed). The porch or portico may have an occupiable deck as long as the roof deck does not have an enclosure of any kind beyond a rail around the perimeter.

"Post-Secondary Educational Institution or Trade School" means institutions of higher education including not only colleges and universities but also professional schools in such fields as law, theology, medicine, business, music, and art. They also include teacher-training schools, community colleges, and institutes of technology. At the end of a prescribed course of study, a degree, diploma, or certificate is awarded.

"Primary Structure" means a structure that houses the primary use on a property or lot. It shall not include accessory structures (e.g., guest houses, garages, pool houses, or sheds).

"Primary Use" means the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

"Private Educational Institution (K-12) means a private or nonprofit educational institution that includes elementary, middle, junior high, and high schools serving kindergarten through 12th-grade students, including denominational and sectarian, boarding schools, and military academies.

"Projecting Feature" means any outward protruding extension of a building or structure or architectural feature including towers, gables, spires, antennas, cornices, eaves canopies, etc.

"Projecting Sign" means any sign which is attached to a wall and which projects horizontally from a structure or building face or wall by more than twelve inches. Projecting signs also include signs painted on, or otherwise attached to or displayed on, awnings, canopies, and marquees.

"Psychic" means service establishments that provide services involving sensitivity to non-physical or supernatural forces and influences or marked by extraordinary or mysterious sensitivity, perception or understanding and shall include but not be limited to palm readers, astrologers, psychics and crystal ball readers.

"Public Safety Facility" means a facility for public safety and emergency services, including police and fire protection. This use includes facilities used by the National Guard or the Military Reserve.

"Public Storage" means a business comprised of any more than one small, compartmentalized storage structures for individual access, for rental or sale and designed to meet temporary storage needs.

See Health/Fitness Facility

See Parks and Playgrounds

"Recreational Vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, box trailers, freight containers, pick-up campers, truck campers, camping trailers, fifth-wheel trailers, motorhomes, converted trucks or buses, boats and boat trailers, off-road vehicles and trailers used in their transport, personal watercraft and trailers used in their transport, and utility trailers. When transported upon a public roadway, an "RV" measures 8 feet or less in width and less than 40 feet in length and which is either self-propelled, truck-mounted or permanently towable on the highways without a permit.

Material that has been recovered or diverted from the non-hazardous solid waste stream for purpose of reuse, recycling or reclamation and a substantial portion of which is consistently used in the manufacture of products, which may otherwise be produced using raw or virgin materials.

"Recycling Facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business, or manufacturer.

a. "Reverse Vending Machines" means an automated mechanical device that accepts one or more types of empty beverage containers, including, but not limited to, aluminum cans, and glass and plastic bottles and issues a cash refund or a redeemable voucher. A reverse vending machine may sort and process containers mechanically, if the entire process is enclosed within the machine.

b. "Small Collection Facilities" means a recycling center of 500 square feet or less for the deposit or drop-off of recyclable materials.

c. "Large Collection Facilities" means a recycling center over 500 square feet for the drop-off or deposit of recyclable materials.

d. "Processing Facility" means a building or enclosed space used for the collection and processing of recyclable materials. Processing facilities include areas of gross collection, processing, and storage areas with average outbound truck shipments greater than two outbound truck shipments per day.

"Regional Commercial" means developments that are visible from a regional standpoint, such as near freeways and major arterials.

"Religious Facilities" means a facility in which the primary use is religious worship. A religious facility may include related accessory activities including religious education, ministry, clothing and food distribution, counseling, employment assistance, referral services, and support groups. Other uses (e.g., private schools and child day-care centers) that are located on the site of a religious assembly use shall not be accessory uses.

In accordance with Section 1502 of the Health and Safety Code, "Residential Care Facility" means any family home, group care facility or similar facility for twenty-four-hour care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, where medical care is not a major element. Examples of residential care home uses include children's homes, transitional houses, orphanages, rehabilitation centers, and self-help group homes. Convalescent homes, nursing homes, and similar facilities with medical care services are excluded from this definition.

a. Residential Care Facility, Small: Housing that provides less than seven residents with a program of assisted-living services to deal with the activities and instrumental activities of daily living.

b. Residential Care Facility, Large: Housing that provides seven or more residents with a program of assisted-living services to deal with the activities and instrumental activities of daily living, including assisted living facilities.

"Rest Home" means a premises used for the housing of and caring for the aged or infirm. There shall be offered to clients only incidental and necessary health care services and no physician shall permanently reside on the premises. No medical services such as surgery or other procedures customarily performed in hospitals or sanitariums shall be conducted on the premises.

"Restaurant" means a business that is engaged primarily in preparing and serving meals for immediate consumption either on or off the premises.

a. "Drive-Through Restaurant" means a restaurant where provision is made for one or more drive-through lanes for the ordering and serving of food to patrons in vehicles for consumption at a separate location either on or off the premises.

b. "Fast Food Restaurant" means a restaurant where food is customarily ordered by patrons while standing at a window or counter located inside a building and where food is consumed on or off the premises.

c. "Full-service Sit-Down Restaurant" means a restaurant where food is customarily prepared on the premises and food orders are taken by and served to patrons by a waiter or waitress while the patron is seated at a table or dining counter located inside the restaurant.

"Retail Store, General Merchandise" means a business selling goods, wares or merchandise directly to the ultimate consumer.

"Right-of-way" means all public and private rights-of-way and all areas required for public use in accordance with any master plan or parts thereof.

"Secondary Structure/Use" means a subordinate structure or use customarily incidental to and located on the same lot as the principal use.

"Secondhand Goods Store" means a business selling used goods, used wares or used merchandise directly to the ultimate consumer.

"Senior Citizen Housing" means a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens. Senior housing developments are required to provide amenities, services, and facilities to ensure the comfort, health, and recreation of elderly persons.

"Setback" means:

a. The required distance between a property line and a building, street, or road, channel or flood plain, or any other place to promote safety and protection.

b. The distance required between the edge of a building and the upper tiers of a multi-story building.

"Shielding" means a method to control light rays so as to avoid light trespass or glare.

"Sign" means any structure, device or material, temporary or permanent, fixed or portable, moving or stationary, whether located inside or outside a building, which is visible from any lot line, and the primary purpose of which is to convey an idea, advertising, endorsement, identification or information by means of visual symbols, lettering, illustration or other form of visual communication; includes display surfaces together with such structures as used to support, maintain, and illuminate the display surfaces. Does not include exterior paint or building décor when such are merely part of the architectural elevations and do not constitute an integral part of the sign copy.

"Sign Area" means the face or display area of a sign, including the border thereof only when the border carries or displays part of the message or copy.

"Sign Height" (freestanding sign) means the distance from the ground to the top of a freestanding sign.

On designated historic sites, preservation and maintenance of "Significant Site Features" may be required by the Planning Commission as a condition of approval, including landscaping, historic architectural, and/or cultural features of the structure or property.

"Single-Family Dwelling" means a one-family detached dwelling product type that includes kitchen and bath facilities and is designed for occupancy exclusively by one family. Single-Family Residential units have separate exterior entry doors and commonly have accessory buildings on the same parcel or lot.

"Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance, expenses, etc.) and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

"Single-Room Occupancy (SRO) Unit" means one-room units intended for occupancy by a single individual. They are distinct from a studio or efficiency unit, in that a studio is a one-room unit with a kitchen and bathroom. Although SRO units are not required to have a kitchen or bathroom, many SROs have one or the other.

"Skilled Nursing Facility" means a health facility that provides skilled nursing and supportive care to persons who need this type of care on an extended basis (per California Health and Safety Code Section 1250(c)).

"Smoking Lounge/E-vape/Hookah Lounge" refers to an establishment that is dedicated, in whole or part, to providing tobacco or other substances for smoking by patrons on the premises for a fee, including, but not limited to, establishments known as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, e-vape or similar use (i.e., e-cigarette, e-hookah, vape pen, etc.). Does not include a "retail or wholesale tobacco shop," which sells tobacco products and smoking accessories, but does not provide for on-premises use of tobacco products.

A retail establishment that either exclusively sells or has more than five percent of their floor area dedicated to the sale, display, distribution, delivery, or marketing of tobacco, tobacco products and smoking paraphernalia but does not provide for on-premises use of tobacco products. Tobacco shall mean any preparation of the nicotine-rich leaves of the tobacco plant for smoking, vaping, healing, inhaling, chewing, absorbing, dissolving, or ingesting by any other means. Tobacco products may include, but are not limited to: cigarettes, cigars, e-cigarettes, vaporizers or similar electronic devices that deliver nicotine to the person inhaling from the device, hookahs, pipes, bongs, and related devices for holding burning material.

"Special Event" means an event that is outside the scope of normal operation of an establishment. By way of example only, special events may include short-term sales or promotional events, grand opening or remodeling sales, campaigns for new memberships on unusual terms, etc.

"Square Footage/Square Feet" means the total floor area within a building or structure, except for inner courts, public areas not usable for rental space (restrooms, hallways, stairs and elevators) and mechanical or electrical equipment rooms when used primarily for lighting, heating or air conditioning of the building or structure.

"State Historical Building Code" means the Part 8 of Title 24 (California Building Standards Code) of the California Code of Regulations.

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

"Street" means a public or private thoroughfare, which affords principal means of access to the abutting property.

"Structure" means anything constructed or erected, which requires location on the ground, or attached to, something having a location on the ground, but not including fences or walls used as fences.

"Supportive and Transitional Housing" means housing with no limit on length of stay that is occupied by the low income adults with disabilities and is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Similar to transitional housing, supportive housing can take several forms, including group quarters with beds, single-family homes, and multifamily apartments. (Cal Health & Safety Code § 50675.14)

a. Supportive and Transitional Housing, Small (six or fewer): Housing that provides less than seven residents with a program of assisted-living services to deal with the activities and instrumental activities of daily living.

b. Supportive and Transitional Housing, Large (seven or more): Housing that provides seven or more residents with a program of assisted-living services to deal with the activities and instrumental activities of daily living.

"Surface Mining/Reclamation" means the extraction, processing, development, removing or stockpiling of natural resources and minerals (including, but not limited to, stone, coal, peat, sulfur, sand and bituminous rock, but excluding geothermal resources, natural gas and petroleum).

"Tandem parking - vertical" means a parking space that is located directly overhead of another vehicle through the use of a mechanical lift.

"Tandem parking – horizontal" means a parking space that is located directly behind another parking space.

"Target population" means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. (Cal Health & Safety Code § 53260)

"Temporary, Seasonal or Special Event" means a short-term activity that may or may not meet the normal development or use standards of the applicable zoning district, but that occurs for a limited period of time and does not permanently alter the character or physical facilities of a property. As an example, the City will permit and allow temporary use of outdoor and open spaces for indoor uses when activities exceed the confines of normal indoor operations such as sidewalk sales and street festivals.

"Temporary Sign" means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, poster board or other light materials, with or without frames, and mounted in a nonpermanent manner.

"Temporary Wireless Communication Facility," "Temporary telecom facility," or "Temporary facility" means a wireless communication facility that is kept portable or mobile and deployed while a permanent facility is under construction.

"Townhouse/Townhome" means a single-family dwelling with party walls and no side yards between abutting dwellings.

"Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (Cal Health & Safety Code § 50675.2) Transitional housing facilities typically offer assistance and counseling in personal and household income management to help return people to independent living. Transitional housing can take several forms, including group quarters with beds, single-family homes, and multifamily apartments.

"Triplex" means the same as "Dwelling, Multiple Family."

"Unattended Collection Container" means any unstaffed drop-off box, container, receptacle, or similar facility located on any real property in the City and that accepts textiles, clothing, shoes, household items, books and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling.

"Upland Heritage" means an organization dedicated to preserving Upland's historic homes and buildings.

"Urgent Care Facility" means an establishment providing limited clinical and emergency medical services, generating primary walk-in service.

"Use Not Allowed" means a use that is not allowed in the respective zone.

"Utilities, Major" means services of a regional nature that normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities, stations or substations, community wastewater treatment plants and similar facilities.

"Utilities, Minor" means services that are necessary to support development within the immediate vicinity and that involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices and well, water and sewer pump stations.

"Variance" means a permitted or required allowance in order to approve a deviation from a zoning standard by more than 10 percent.

"Minor adjustment" means a permitted or required allowance in order to approve a deviation from a standard by 10 percent or less.

"Vested Right" means a right that so completely and definitely belongs to a person that it cannot be impaired or taken away without the person's consent.

"Vision Triangle" means the area needed to be clear of site obstruction for safe turning movements.

"Wall" or "Fence" means a barrier constructed of materials other than living shrubbery erected for the purpose of protection, confinement, enclosure, or privacy.

"Wall Sign" means any sign attached parallel to, painted on or affixed to the wall or window of a building or structure, when such sign does not extend more than twelve inches from the building face. Signs extending more than twelve inches from the building face or wall are categorized either as statuary or projecting signs. Walls signs include permanent window signs.

"Warehousing" means the provision of facilities used primarily for the storage of commercial goods, including documents. "Warehousing" does not include mini-storage.

"Warming Luminaries" mean lamps that emit heat.

"Watt" means a unit of electric power consumed by a lamp or bulb.

"Window Sign" means copy that is affixed to a window so as to be read or viewed from the exterior thereof.

"Yard" means the required portion of a lot that is vacant and extends across the entire width or length of the lot.

"Zone" means the type of land use that is permitted (with or without consent) or prohibited in an area of land.

"Zoning Clearance" means a ministerial procedure used by the City to verify that a proposed use or structure complies with the Zoning Ordinance. Zoning clearances are processed as part of a building permit application and do not require the submittal of a separate permit application.