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Ventura City Zoning Code

Division 1

Basic Provisions

24.110 Definitions

A decorative device made of cloth, plastic, or other flexible material and containing an affixed message.

24.115 Use Classification System

The Administrative, Business, and Professional Services use type consists of offices of firms or organizations which are primarily used for the provision of executive, management, administrative or financial services. It also refers to establishments primarily engaged in providing professional services to individuals or businesses, but excludes uses classified under the Medical Services use type. Typical uses include corporation headquarters and administrative offices, banks, savings and loans, law offices, real estate offices, public relations firms, advertising firms, insurance offices, travel agencies, and photography studios.

24.100.010 Contents of basic provisions.

The basic provisions consist of the following chapters:

24.100

General

24.105

General Provisions of the Zoning Ordinance

24.110

Definitions

24.115

Use Classification System

24.120

Temporary Uses

24.125

Home Occupations

(Code 1971, § 15.100.010)

24.100.020 Description of basic provisions.

The basic provisions, among other things, set forth the purposes, basic structure, scope and applicability of the zoning ordinance and require compliance with its provisions. (Code 1971, § 15.100.020)

24.100.030 Restatement of previous provisions.

The provisions of this zoning ordinance, insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed or superseded by this ordinance, shall be construed as restatements and continuations thereof, and not as new enactments, with the effective date of such provisions deemed to be February 25, 1965, unless a different effective date is specifically provided herein with respect to particular chapters or provisions. (Code 1971, § 15.100.030)

24.105.010 Title – Reference.

The ordinance codified in this title (Title 24) shall be known and may be cited as the “zoning ordinance of the city of San Buenaventura” or the “zoning ordinance.” This zoning ordinance shall include any ordinances enacted as part of this title and any amendments that may be made to this title from time to time by the city council. This zoning ordinance shall include all chapters of this title from Chapter 24.100 through 24.999 inclusive. References in this title to section numbers are to the sections of the zoning ordinance unless otherwise specifically noted. (Code 1971, § 15.105.010)

24.105.020 Applicability.

Notwithstanding any other provisions of law, this zoning ordinance is not applicable to public rights-of-way or properties adjacent to public rights-of-way owned by the city and used exclusively for landscape purposes except in the coastal zone and with respect to any and all matters covered by Chapter 24.420 relating to signs. (Code 1971, § 15.105.020)

24.105.030 Purposes.

The purposes of this zoning ordinance are to promote and protect the public health, safety, and general welfare. The promotion and protection of the public health, safety, or general welfare may include, without limitation, the advancement of any, or any combination of, the following objectives:

A. To implement the comprehensive plan, including the intent and rationale statements, policies, goals, and objectives;

B. To facilitate and encourage appropriate uses of land and to provide for compatibility of land uses as identified in the comprehensive plan;

C. To promote a safe and efficient traffic circulation system which provides acceptable levels of service;

D. To provide open space for light, air, privacy, aesthetic values, and conservation of environmental values;

E. To promote development of land to appropriate densities in order to conserve and enhance the city’s physical scale and character as identified in the comprehensive plan;

F. To facilitate location of compatible land uses to diminish the risk to life or property from fire and other dangers;

G. To assure timely provision of community facilities and public improvements for the benefit of property owners and the community at large;

H. To preserve and stabilize property values;

I. To assure that any development of the coastal zone preserves and enhances the natural assets of the shoreline and protects coastal views and access; and

J. To assure that development in the hillsides be sensitive to environmental conditions, including scenic qualities. (Code 1971, § 15.105.030)

24.105.040 Adoption of zoning district map.

There is hereby adopted a zoning district map entitled, “official zoning district map of the city of San Buenaventura, California.” The designations, locations, and boundaries of the zoning districts or subzones established, including basic zoning districts, and the number, shape, and area thereof, are designated on the official zoning district map as it may be amended by the city council, which map and all notations and information thereon are made a part of this zoning ordinance by this reference. The designations, locations, and boundaries of overlay zones, and the number, shape, and area thereof, may also be designated on the official zoning district map. In the event there is any conflict between the text of this zoning ordinance and the official zoning district map, the provisions of the text of this zoning ordinance shall prevail. (Code 1971, § 15.105.040)

24.105.050 Interpretation of zoning district map.

Unless otherwise noted on the official zoning district map, the boundary of a zoning district shall be the lot line adjacent to a public street or alley. If any question of interpretation arises as to the boundaries of any zoning district shown on the official zoning district map, the director of community development shall, by written determination, prescribe the location of the zoning district boundary in accordance with the purposes of this zoning ordinance. (Code 1971, § 15.105.050)

24.105.060 City compliance with this zoning ordinance.

Development carried out by the city, or any of its agencies, shall comply with this zoning ordinance. (Code 1971, § 15.105.060)

24.105.070 Use restriction.

It is unlawful for any person to erect, reconstruct, maintain, move, demolish or structurally alter any building, structure, or facility in any manner, or to use or allow the use of any building, structure, facility, or land for any purpose, other than as permitted by, and in compliance with, this zoning ordinance and all other applicable ordinances, laws, and maps. (Code 1971, § 15.105.070)

24.105.080 Interpretation of the ordinance and plans.

A. Authority. The director has the authority to interpret any provision of this title, specific plan, corridor plan or community plan (herein referenced as the code). Whenever the director determines that the meaning or applicability of any code requirement is subject to interpretation, the director may issue an official interpretation.

B. Rules of Interpretation.

1. Language. When used in the code, the words “shall,” “must,” “will,” “is to,” “may be” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “includes” and “including” shall mean “including but not limited to ... ”

2. Time Limits. Whenever a number of days is specified in the development code, or in any permit, condition of approval, or notice provided in compliance with this code, the number of days shall be construed as calendar days. A time limit shall extend to 5:00 p.m. on the following working day when the last of the specified number of days falls on a weekend or holiday.

3. State Law Requirements. Where the code references applicable provisions of state law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be the applicable state law provisions as they may be amended from time to time.

4. Corner Lots. The director shall have the authority, when reviewing an application concerning a corner lot, to determine the street setback and side street setback where the distances differ within a particular zone.

C. Procedure for Interpretations. Whenever the director determines that the meaning or applicability of any requirement of the code is subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation. The director may also forward any interpretation of the meaning or applicability of any provision of the code directly to the planning commission for a determination at a public meeting.

1. Findings, Basis for Interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the general plan, and any applicable part of the code.

2. Record of Interpretations. Official interpretations shall be:

a. Written, and shall quote the provisions of the code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and

b. Distributed to the city council, planning commission, director, city manager, city attorney, city clerk, and department staff.

c. Any provision of this development code that is determined by the director to need refinement or revision will be corrected by amending the applicable code section as soon as is practical. Until an amendment can occur, the director will maintain a complete record of all official interpretations to these codes, indexed by the number of the article or section that is the subject of the interpretation.

3. Appeals. Any interpretation of the code may be appealed to the city council in compliance with Chapter 24.565 (Appeal Procedure). (Code 1971, § 15.105.080; Ord. No. 2021-017, § 4, 12-13-21)

24.105.090 Interpretation regarding effect.

A. Existing Laws and Permits. Except as otherwise specifically herein provided, it is not intended by the enactment of this zoning ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinance, or any rules, regulations, or permits or other approvals previously adopted or issued, or which may be adopted or issued pursuant to law, relating to the erection, construction, establishment, moving, alteration, or enlargement of any building, structure, or improvement, or to the use of any building, structure, improvement, or land.

B. Existing Violations. The repeal of any ordinance or provision of the San Buenaventura Municipal Code by the enactment of this zoning ordinance shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability previously incurred, or of precluding prosecution and imposition of penalty with respect to any violation having occurred prior to the effective date hereof. Any such ordinance or provision shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability, or any prosecution and imposition of penalty with respect to any violation having occurred prior to the effective date hereof.

C. Existing Agreements. It is not intended by the enactment of this zoning ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between persons. (Code 1971, § 15.105.090)

24.105.100 No relief from other provisions of law.

Except as otherwise specifically provided, no provision of this zoning ordinance shall be construed as relieving any person to whom a use permit, variance, or any other discretionary permit or other approval, is issued pursuant to this zoning ordinance from any other provision of state or federal law, or county ordinance or regulation, or from any provision, ordinance, rule, or regulation of the city requiring a license, franchise, or any other permit or approval to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use. (Code 1971, § 15.105.100)

24.105.110 Inapplicability of formal rules of evidence.

A. Formal Rules of Evidence Do Not Apply. Except as otherwise expressly provided in this zoning ordinance, or in any rules of procedure which may be adopted by the city council, or any other decision-making authority exercising authority pursuant to this zoning ordinance, formal rules of evidence or procedure shall not apply to proceedings and hearings conducted pursuant to this zoning ordinance.

B. No Presumption Regarding Error. There shall be no presumption that procedural error is prejudicial, or that injury was done if procedural error is shown, regarding any action, inaction, or recommendation by any decision-making authority or advisory body or officer on, or relating to, any matter subject to this title. (Code 1971, § 15.105.110; Ord. No. 2021-017, § 4, 12-13-21)

24.105.120 Zoning of annexed areas.

Except for property located in the coastal zone, all property in the city not otherwise classified, and all property hereafter annexed to the city and not otherwise zoned upon annexation, is hereby classified in the “R-1-1AC zone.” (Code 1971, § 15.105.120)

24.105.130 Prezoning unincorporated territory.

Unincorporated territory may be prezoned by the city to determine the zoning classification that will apply to such territory if it is subsequently annexed to the city. (Code 1971, § 15.105.130)

24.105.140 Procedure for prezoning of unincorporated territory.

Determination of the zoning classification, and any other applicable provisions of this zoning ordinance for any property that may be annexed, shall be carried out in accordance with the procedures applicable to property already in the city. (Code 1971, § 15.105.140)

24.105.150 Annexation schedule.

Any prezoned classification may be subject to a specific timetable for annexation of all or part of the property to the city. The city reserves the right to review annually whether the prezoned property is being annexed to the city in conformity with the timetable and the city council may, and expressly reserves the right and power to, revoke the prezoned classification solely upon the ground that annexation has not taken place according to said timetable. (Code 1971, § 15.105.150)

24.105.160 Automatic zoning upon annexation.

A. Requirements. Except for property located in the coastal zone, all property annexed to the city after March 1, 1980, shall be zoned, upon annexation, from the existing county zoning to the equivalent city zone classification; provided, that all the following requirements are met:

1. The property has a county zone designation of “R-A” (rural agricultural), “R-O” (single-family estate), “R-1” (single-family), “R-2” (two-family), “R-P-D” (residential planned development), “C-O” (commercial office), “C-1” (neighborhood commercial), “C-P-D” (commercial planned development), “M-1” (industrial park), “M-2” (limited industrial), or “M-3” (general industrial), which has been determined by the director to be in conformance with the comprehensive plan;

2. The property has not been otherwise prezoned or designated with zoning to be effective upon annexation by the city; and

3. The property is part of: (a) an annexation being conducted pursuant to Government Code Section 56112, or (b) consists of inhabited territory as defined in Government Code Section 56046 and is part of an area totally surrounded by the city as to which the city council, by resolution, has specified that this section shall be operative.

B. Equivalent Zone Classifications. For the purposes of this section, the city equivalents to the county zone classifications shall be as follows:

1. County “R-A,” “R-O” and “R-1” will convert to city “R-1” (single-family) with the nearest appropriate subzone suffix;

2. County “R-2” will convert to city “R-2” (two-family);

3. County “R-P-D” will convert to city “R-P-D” (residential planned development) with the nearest appropriate subzone suffix;

4. County “C-O” to city “P-O” (professional office);

5. County “C-1” to city “C-1” (limited commercial);

6. County “C-P-D” to city “C-P-D” (commercial planned development);

7. County “M-1” or “M-2” to city “M-1” (limited industrial); and

8. County “M-3” to city “M-2” (general industrial).

C. Procedure. Upon the initiation of annexation proceedings by the city of inhabited territory as defined in Government Code Section 56046, or receipt by the city of an official notification from the local agency formation commission (LAFCO) of a pending annexation that would be subject to the provisions of this section, the city council will evaluate the property’s conformance with the comprehensive plan and specify the equivalent zone classification which will be the zoning classification pursuant to this section upon annexation. Properties which do not meet the requirements of this section shall be zoned in accordance with the applicable provisions of this zoning ordinance.

D. Intent of Section. The provisions of this section are intended to provide a means for establishing initial zone designations upon annexation where large numbers of properties are being annexed as part of a single annexation and where the comprehensive plan is sufficiently specific to permit establishment of an initial city zone classification by means of the abbreviated procedure specified herein. Neither the provisions of this section or of any other section shall preclude the city from changing zone designations, rezoning any property or properties, or from, in any other respect, exercising any of its zoning, planning, or other powers as it may deem appropriate from time to time. (Code 1971, § 15.105.160)

24.105.200 Permitted and prohibited cannabis activities.

A. Definitions. For the purpose of this section and this section only, unless the context clearly requires a different meaning, the words, terms, and phrases hereinafter set forth shall have the meaning given them in this section:

“Cannabis” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“Cannabis delivery service” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“Commercial cannabis activity” shall have the same meaning as that set forth in Section 6.420.030, as the same may be amended from time to time.

“Cultivation” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“Cultivation site” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“Customer” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“Delivery” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“Distribution” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“Manufacturer” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“MAUCRSA” means the Medical and Adult Use Cannabis Regulation and Safety Act codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.

“Microbusiness” means any cannabis business that engages in at least three of the following four businesses: cultivation, manufacturer, distribution, and retail.

“Retailer” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

“Testing laboratory” shall have the same meaning as set forth in Section 6.420.030, as the same may be amended from time to time.

B. All activities for which a state license under the MAUCRSA are required are expressly prohibited, except for the following activities, which are permitted if the business has applied for and been granted a permit pursuant to Chapter 6.420:

1. Cannabis delivery services.

2. Retailers when said business is located in a zoning district that permits, without a use permit, Retail Sales uses.

3. Testing laboratory when said business is located in a zoning district that permits, without a use permit, Research or Laboratory Services uses.

4. Distribution when said business is located in a zoning district that permits, without a use permit, Wholesaling and Distribution uses.

5. Manufacturer when said business meets the definition of Light Industrial in Section 24.115.3270, and is located in a zoning district that permits, without a use permit, Light Industrial uses.

6. Manufacturer when said business meets the definition of General Industrial in Section 24.115.3210, and is located in a zoning district that permits, without a use permit, General Industrial type uses.

7. Microbusinesses when said business is located in a zoning district that permits, without a use permit, each of the types of cannabis businesses that make up the microbusiness.

C. Personal Cultivation. All outdoor cultivation of cannabis is expressly prohibited and no person or entity may cultivate cannabis at any location in the city, except for personal cultivation as specified in MAUCRSA.

D. Violation and Penalty. In addition to any other enforcement permitted by this section, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates any provision of this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.50, no provision of this code shall be interpreted to authorize a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code Section 11357 et seq. or Section 11362.7 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.50 as it applies to the enforcement of this section, and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord. No. 2017-018, § 1, 11-20-17; Ord. No. 2021-005, § 1, 3-24-21)

24.105.300 Streamlining procedures.

On January 13, 2022, Ordinance No. 2021-017 became effective, which established streamlining regulations for the portions of the city located outside of the coastal zone. This section was created to incorporate similar provisions into the local implementation plan (LIP) in order to have more consistent streamlining regulations apply citywide.

This section amends procedural and processing requirements of this title, the downtown specific plan and midtown corridors development code for properties within the coastal zone, as reflected in the LIP. In situations where this section and other parts of this title, the downtown specific plan or the midtown corridors development code conflict, each as reflected in the LIP, the terms of this section shall prevail.

A. Decision-Making Authority. The design review committee and historic preservation committee are recommending bodies. Decision-making authority for all development applications in the coastal zone shall be by the director at an administrative level, at a director’s hearing, planning commission hearing, or city council hearing, as specified below.

1. For new development that includes one or more major variance(s) or exception(s), or requires a subdivision-tentative map, the decision-making authority shall be the planning commission.

2. For new development that includes one or more minor variance(s) or warrant(s), or is otherwise compliant with zoning regulations, the decision-making authority shall be a director’s hearing.

3. For all use permits, the decision-making authority shall be a director’s hearing.

4. All appeals of actions shall be heard by the city council. Any decision made by the city council shall be final, except that appeals of coastal development permits, or other applications processed concurrently with a coastal development permit, shall be processed pursuant to Section 24.515.130 as reflected in the LIP.

B. Interrelated Applications. When multiple, interrelated applications are submitted for a proposed project that requires, as a necessary component, one or more actions by a combination of the city council, planning commission or the director, the decision-making authority shall be as follows:

1. When decision-making authority for components of the proposed project is shared between the planning commission and director, the director shall forward the entire project application package to the planning commission who shall become the decision-making authority for all component applications.

2. When decision-making authority for components of the proposed project is shared between the city council and other decision-making authorities, the city council shall become the decision-making authority for all application components and the other decision-making authority/authorities shall become a recommending body/recommending bodies for the entire project application package.

C. Forwarding Applications. The director may forward any application that does not otherwise require review by the design review committee or historic preservation committee, to the design review committee or historic preservation committee for a recommendation. The director may forward any application for which the director is authorized to take an administrative action to a director’s hearing or to the planning commission for action.

D. Historic Preservation.

1. The director may require applications for any development proposal involving buildings or structures over 40 years of age that are not designated or have not been identified in a previous historic resources survey adopted by the city council to provide a historic resources assessment report (or “Phase I”) prepared by a city-designated historic preservation professional and funded by the applicant. The director will base this decision on the following considerations:

a. The building or structure appears to retain historic integrity; and

b. There is evidence that the building or structure embodies the distinctive characteristics of an architectural style or type, or is associated with someone on the city’s list of significant architects and builders; or

c. There is evidence that the building or structure is associated with important historical events or persons.

2. If the director determines a building or structure is a potential historic resource, then historic design review is required.

3. Designation or removal of a designation as a landmark or point of interest shall occur by a recommendation from the historic preservation committee to the city council for final action.

4. The historic preservation committee will make a recommendation to the planning commission for the establishment of a historic district. The planning commission will make a recommendation on the establishment of a historic district to the city council for final action.

E. Design Review. Design review approval is required prior to any human-made change to improved or unimproved real property, including, but not limited to, construction of structures, paving, grading, landscaping, and signage, unless otherwise provided in this chapter. Such changes shall be considered development requiring design review for the purposes of this chapter.

1. Design review shall be categorized as major design review, minor design review or historic design review. An application for major, minor, or historic design review shall require a complete application and payment of fees by the property owner or agent and shall be reviewed and acted upon by the director, except that minor design review may be administratively approved by the director without notice or hearing, except as otherwise required for any interrelated approvals for the subject development.

a. Major Design Review. Major design review shall be required for development that adds five or more residential units, new nonresidential structures greater than or equal to 2,000 square feet of gross area, or additions to existing nonresidential structures greater than or equal to a 25 percent increase in the square footage or lot coverage of an existing nonresidential structure. Development subject to this subsection shall be referred to the design review committee (DRC) for a recommendation to the decision-making authority at a noticed public hearing.

b. Minor Design Review. Unless specifically exempted by subsection (E)(3) of this section, all other development that does not qualify for major design review shall require minor design review, including but not limited to:

i. Development that adds three or four residential units, new nonresidential structures less than 2,000 square feet of gross area, or additions to existing nonresidential structures less than a 25 percent increase in the square footage or lot coverage of an existing nonresidential structure.

ii. Facade changes, including change of color, paint, windows, and awnings.

iii. Site and landscape modifications.

iv. New or modified fences and walls.

v. Lighting improvements, including ground- and building-mounted fixtures.

vi. All signs and sign programs.

vii. Screening enclosures for equipment-storage, trash, and similar items.

viii. Outdoor dining areas or enclosures.

ix. Minor changes. The director may forward any minor design review application to the design review committee for a recommendation. A referral of a minor design review application to the design review committee shall be placed on a meeting agenda but shall not require notice or a public hearing, except as otherwise required for any interrelated approvals for the subject development. Any minor design review project that the director determines is likely to have significant public interest due to scope, location or any other issue, shall be required to provide mailed notice, posted notice and pay applicable fees prior to any administrative action. The director shall include any prior improvements that resulted in the addition of units or nonresidential building area over the past 24 months when determining whether a project qualifies as major or minor design review. For purposes of this section, any type of accessory dwelling unit shall not count as a unit for the determination of major or minor design review, except as otherwise required for any interrelated approvals for the subject development.

c. Historic Design Review. Development on a property within or immediately adjacent to a designated historic district (HD) overlay zone, alterations or additions to a property of a designated historic landmark, a property identified as eligible in a historic resources survey adopted by the city council, or a contributor to a designated HD overlay zone, new construction or adjacent to a designated historic landmark, or affecting a potential historic resource as determined by the director, shall require historic design review. The historic design review process will be based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

i. Accessory dwelling units (ADUs) affecting an identified or potential historic resource shall require minor design review.

ii. All other development, alterations or additions the director determines may have an impact on an identified or potential historic resource shall be referred to the historic preservation committee (HPC) for a recommendation to the decision-making authority at a noticed public hearing.

2. Consideration of minor design or color changes may be referred to the DRC by the decision-making authority as a condition of any permit or other approval granted pursuant to this division. If there are substantial changes, the decision-making authority shall continue the hearing and refer the application for a DRC recommendation prior to the decision-making authority’s final action hearing.

3. Exemptions. Development associated with the following is exempt from design review in all cases:

a. Single-family and two-family residential properties, except as required by subsection (E)(1)(c) of this section;

b. Accessory dwelling units, except if a historic resource is involved, as required by subsection (E)(1)(c) of this section;

c. Site, landscaping or structural aspects of:

i. Temporary uses allowed by Chapter 24.120;

ii. Farmers’ market, certified;

iii. Mobile homes;

iv. Animal husbandry, apiculture, crop production, horticulture, produce sales on agriculturally zoned properties;

v. Repair, or repainting, of conforming structures to match previously permitted conditions;

vi. Resurfacing of paved areas to match previously permitted conditions;

vii. Replanting of landscaping to match previously permitted conditions;

viii. Changes to the interior design or layouts of buildings or other structures unless the director determines a publicly visible exterior is significantly affected by the change;

ix. Development that is exempted by state law from local design review; and

x. Any development the director determines is de minimis.

4. Findings for Design Review. Prior to granting an approval of an application for design review, the decision-making authority must make all of the following findings:

a. The design and layout of the proposed development is consistent with the applicable policies and provisions of the certified comprehensive plan and any adopted city-wide design architectural criteria or design criteria for specialized areas, such as designated historic districts, theme areas, planned developments, or specific plans that the project is located in, as reflected in the city’s certified LCP;

b. The design and layout of the proposed development will accommodate the functions and activities that are proposed for the property, will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards;

c. The site, architectural, and landscape design of the proposed development is reasonably compatible with the character of the surrounding neighborhood and all reasonable design efforts have been made to maintain the harmonious, orderly, and attractive development contemplated by this zoning ordinance and the comprehensive plan as reflected in the city’s certified LCP; and

d. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors and that it is aesthetically of good composition, materials, texture, and color that will remain aesthetically appealing with the level of maintenance and upkeep that might reasonably be expected of the occupants.

F. Noticing. Coastal development permits shall be noticed pursuant to Section 24.515.100 as reflected in the LIP. In addition, the following noticing requirements shall apply:

1. Courtesy Notice. The additional requirement of a courtesy notice requires postal cards or letters mailed within the first 30 days of formal application submittal to the owners of all property and tenants within 300 feet of the exterior boundaries of the property involved in the application.

2. Mailed notices for applications other than coastal development permits shall include owners and tenants within 300 feet of the property involved in the application. Coastal development permits shall continue to require mailed notices to owners within 300 feet and tenants within 100 feet of the property involved in the application, as required by Section 24.515.100.

3. Courtesy notices and mailed notices are required for all zoning applications that require a public hearing, except that courtesy notices are not required in cases where the director refers an administrative action to a public hearing.

4. Posted notice is required for all applications that require a public hearing. Posted notices shall comply with the following standards:

a. Notice Location, Size, Structure and Height. Posted notices shall adhere to one of the following standards:

i. Posted notices shall be placed along each street frontage of the property that is the subject of the hearing not more than 10 feet from the property line and in an area that is most visible to the public, subject to approval by the city. If necessary, multiple signs may be required, on each street frontage, as determined by the director. However, on corner lots, notices shall not be posted within the vehicular sight distance area, defined as the corner area within a 90-degree right triangle containing two 10-foot sides.

ii. Each posted notice shall be placed on a white four feet high by eight feet wide signboard made of one-half-inch MDO plywood or one-quarter-inch coroplast (corrugated vinyl). Where the signboard is made of MDO plywood, it shall be supported by two two-inch by four-inch posts, with one-inch by three-inch stringers to support the signboard. The signboard and supporting structure shall not exceed six feet in height and shall not be illuminated.

b. For projects involving existing buildings or structures, hearing notices may be posted in the storefront window of the property in question; provided, that they are posted in an area that is most visible to the public, subject to approval by the city.

i. Each hearing notice shall be placed on white 24-inch by 36-inch paper. When mounted outside, the hearing notice shall be mounted on signboard made of one-half-inch MDO plywood or one-quarter-inch coroplast (corrugated vinyl). Where the signboard is made of MDO plywood, it shall be supported by two two-inch by four-inch posts, when necessary. The signboard and supporting structure shall not exceed six feet in height and shall not be illuminated.

G. Coastal Development Permits. Coastal development permits, of any type, shall be required pursuant to state law and Chapter 24.515 as reflected in the LIP. All coastal development permit applications shall be processed based on Sections 24.105.090 and 24.515.070 as reflected in the LIP, except as follows:

1. Coastal development permit applications that have one or more major variance(s) or exception(s) or require a subdivision-tentative map shall be acted on by the planning commission.

2. Coastal development permit applications that have one or more minor variance(s) or warrant(s), and/or otherwise comply with zoning regulations, shall be acted on at a director’s hearing.

3. Courtesy notices, as set forth in subsection (F)(1) of this section, are required for all coastal development permit applications.

4. In cases where a coastal development permit is required, the coastal development permit may substitute for any required planned development permit. In no case shall a planned development permit substitute for a coastal development permit.

H. Findings for Warrants and Exceptions. The downtown specific plan and midtown corridors development code define development standards and provide a warrant and exception process for variation from those standards. In order for the decision-making authority to approve a warrant or exception, all applicable findings must be made by the decision-making authority as follows:

1. Warrants.

a. The project design reasonably achieves the intent of the standard for which the warrant is requested.

b. The warrant does not result in the project being incompatible with the surrounding area.

c. The warrant would not result in impacts detrimental to or that would adversely impact adjacent properties.

2. Exceptions.

a. The project authorized by the exception is consistent with the policies and provisions of the comprehensive plan.

b. There are special conditions, or exceptional circumstances, involving the physical attributes of the subject property, including, without limitation, its size, shape, topography, location, or surroundings, which do not apply generally to the properties in the same vicinity and zone.

c. Approval of the exception is necessary because strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the same vicinity and zone.

d. Approval of the exception does not grant a special privilege inconsistent with the limitations on other properties in the same vicinity or zone.

e. Approval of the exception is not based on economic hardship.

3. Additional Finding in the Hillside Overlay. The warrant or exception from one or more standards for a project in the hillside overlay would not directly result in unreasonably or unnecessarily interfering with the scenic view from any other public or private property, including, but not limited to, public streets and other public areas.

4. Additional Finding for an Identified or Potential Historic Resource. The warrant or exception from one or more standards may be granted if determined to be necessary to preserve those portions or features which convey the building or structure’s historical, cultural or architectural values.

5. Findings to Be Used for Warrants for Civic Buildings in Addition to the Warrant Findings in Subsection (H)(1) of This Section. The warrant is necessary to provide a public service and the associated project is designed to feature as a prominent, architecturally significant contribution to the built environment.

I. Miscellaneous.

1. References to “administrative” permits are amended as follows:

a. Administrative variances that require planning commission action (including those defined in Section 24.535.110 as reflected in the LIP) shall be classified as major variances.

b. Administrative variances that do not require planning commission action (including those defined in Section 24.535.070 as reflected in the LIP), and sign variances, shall be classified as minor variances and shall require action at a director’s hearing.

c. Administrative use permits are now classified as use permits. All use permits shall require action at a director’s hearing.

d. Administrative coastal development permits and coastal development permits shall be acted upon at a public hearing based on the following standards:

i. A project that qualifies for a coastal development permit under Chapter 24.515 that includes a major variance or exception, or requires a subdivision-tentative map, shall require action by the planning commission.

ii. All other coastal development permits shall require action at a director’s hearing.

2. A minor variance or warrant/exception is required for parking spaces that do not comply with the design and dimension standards of Chapter 24.415 as reflected in the LIP.

3. Alcohol beverage establishments shall require a use permit acted on at a director’s hearing, for the purpose of ensuring public health and safety.

4. Parking approvals in the downtown parking (DP) overlay zone shall be processed based on Chapter 24.510 as reflected in the LIP, except that parking approval request shall require a use permit. Note that Chapter 24.515 requires a coastal development permit in addition to the use permit.

5. Zoning Amendments. Zone changes or amendments to text shall be processed based on Chapter 24.540 as reflected in the LIP, except as follows:

a. Zoning amendments are reviewed by the planning commission for a recommendation to city council.

b. Design review committee review is not required.

6. Development Agreements. Development agreements in the coastal zone shall be processed based on Chapter 24.550 as reflected in the LIP, except as follows:

a. The director may initiate applications requesting consideration and adoption of a development agreement, provided a person having a sufficient legal or equitable interest in the subject real property has provided a written statement of consent.

b. A planning commission action rejecting a proposed development agreement shall be forwarded to the city council for final action.

c. Design review committee review of a development agreement is not required.

7. Specific Plans. The procedure for the adoption, amendment, or repeal of specific plans shall be based on Chapter 24.555 as reflected in the LIP, except as follows:

a. Design review committee review of a specific plan is not required; however, the director may refer portions of a specific plan related to design standards or guidelines to the design review committee for a recommendation.

8. Permit Amendment, Revocation and Reevaluation. The procedure for the amendment, revocation or reevaluation of a zoning permit shall be based on Chapter 24.570 as reflected in the LIP, except as follows:

a. Amendments to any zoning permit shall be acted on by the director at a public hearing. Amendments that result in major changes to a project acted on by the planning commission or city council shall be referred to the planning commission or city council, as applicable, for final action.

b. Revocation or reevaluation of a permit for cause may be initiated by city staff. The hearing will be held by the decision-making authority, or the city council. For revocation or reevaluation, the decision-making authority is that which has the authority to act on the permit as of January 13, 2022, or the date of final certification by the Coastal Commission of this chapter for permits in the coastal zone. (Ord. No. 2022-009, § 1, 6-27-22; Ord. No. 2024-005, §§ 1 – 16, 6-4-24)

24.110.010 Chapter description.

This chapter sets forth definitions of certain words or phrases used in this zoning ordinance in order to promote consistency and uniformity in their usage, thereby facilitating the interpretation of this zoning ordinance. The meaning and construction of words and phrases as set forth in this chapter shall apply throughout the zoning ordinance unless the context clearly indicates otherwise. Definitions contained in the city’s adopted edition of the Uniform Building Code shall be applicable except when in conflict with definitions contained in this chapter or elsewhere in this zoning ordinance, in which case the zoning ordinance definition shall prevail. (Code 1971, § 15.110.010)

24.110.020 General rules for construction of language.

The following general rules of construction shall apply to the text of the zoning ordinance:

A. Headings. Section and subsection headings contained in the zoning ordinance shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the zoning ordinance.

B. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control.

C. Shall, May and Should. “Shall” is always mandatory and not permissive. “May” is permissive. “Should” is advisory and identifies guidance provided by the city council in the adoption of comprehensive plan, specific plan, or other goals, policies, and objectives. All other city decision-making authorities are advised to follow this guidance in the absence of compelling, countervailing considerations.

D. Tenses and Numbers. Words used in the present tense include the future, and words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary.

E. Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions shall be interpreted as follows:

1. “And” indicates that all connected items or provisions shall apply.

2. “Or” indicates that the connected items or provisions may apply singly or in any combination.

3. “Either . . . or” indicates that the connected items or provisions shall apply singly but not in combination.

F. Gender. He” includes “she” and “his” includes “her” and vice versa. (Code 1971, § 15.110.020)

24.110.030 General terms.

Unless the context clearly indicates otherwise, the following terms shall be defined as indicated for purposes of this zoning ordinance:

“Building official” means the officer charged with the administration of the city’s building code or the building official’s designee.

“City” means the city of San Buenaventura.

“City engineer” means the city engineer of the city of San Buenaventura, or the city engineer’s designee.

“Code” means the San Buenaventura Municipal Code.

“Commission” or “planning commission” means the planning commission of the city of San Buenaventura.

“Comprehensive plan” means the city of San Buenaventura comprehensive plan.

“Council” or “city council” means the city council of the city of San Buenaventura.

“County” means the county of Ventura.

“Days” means calendar days.

“Decision-making authority” means a designated official or official body having the authority to review and consider applications for permits or other approvals pursuant to this zoning ordinance and having the authority to approve, conditionally approve or deny such applications.

“Design review committee” means the design review committee of the city of San Buenaventura or its predecessor, the architectural review board of the city of San Buenaventura.

“EIR committee” means the environmental impact report committee, or its successor, as established by resolution of the city council.

“Federal” means pertaining to the government of the United States of America or any of its laws, regulations, departments, subdivisions, or agencies.

“Individual” means a born human being.

“Person” means any individual, firm, partnership, joint venture, association, social club, social organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a legal unit. “Person” includes, without limitation, a utility, or a local agency or subdivision thereof.

“Section” means a section of this zoning ordinance unless otherwise indicated.

“State” means the state of California.

“Title” means this zoning ordinance unless otherwise indicated. (Code 1971, § 15.110.030)

24.110.040 Abut.

To physically touch or border upon for a minimum distance of five feet along a common boundary or lot line. (Code 1971, § 15.110.100)

24.110.045 Accessory dwelling unit.

The term “accessory dwelling unit” or “ADU” shall have the meaning set forth in Chapter 24.430. (Ord. No. 2017-015, § 2.A, 11-6-17)

24.110.050 Accessory structure.

A building which is located on the same lot and customarily, within Ventura County, incidental and subordinate to the primary building or to the use of land. Where an accessory structure is attached to the primary building in a substantial manner, as by a roof or common wall, such structures shall be considered to be a portion of the primary building. Typically accessory structures are intended for a variety of uses such as vehicular parking, storage of lawn and garden equipment, storage of household items, play house and green house. Accessory structures may include habitable area such as a home office, recreation room, guesthouse, and sleeping room(s). (Code 1971, § 15.110.104; Ord. No. 2001-13, § 2, 7-17-01)

24.110.060 Aggrieved person.

Any person who, in person or through a representative, appeared at a public hearing of the local government in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the local government of the nature of their concerns or who for good cause was unable to do either. (Code 1971, § 15.110.108)

24.110.070 Alley.

A public way permanently reserved as a secondary means of access to abutting property. (Code 1971, § 15.110.112)

24.110.080 Animal, domestic.

Any of various animals typically domesticated by people so as to live and breed in a tame condition as pets, including, but not limited to, dogs, cats, small birds such as canaries, parrots, cockateels, parakeets or pigeons, but not including livestock animals or wild animals. For purposes of this definition, (A) a miniature pig, of the variety commonly known as a “Vietnamese pot-bellied pig,” is a domestic animal, but all other varieties of pigs are livestock animals, and (B) tropical fish, such as goldfish or other fresh-water or marine fish, are domestic animals but caribe or piranha fish are wild animals. (Code 1971, § 15.110.116)

24.110.090 Animal, livestock.

Animals typically raised for, or in conjunction with, farming or ranching operations, including, but not limited to, horses, cows, oxen, pigs, or fowl, but not including domestic animals or wild animals. (Code 1971, § 15.110.120)

24.110.100 Animal, wild.

Any of various animals which typically live in a wild environment, regardless of whether such animals may have been subjected to taming or training intended to enable them to live in a domestic, agricultural, or ranching environment. “Wild animals” includes, without limitation, all species of animals prohibited in the state of California pursuant to Title 14, California Code of Regulations, Section 671, or its successor regulation, but does not include domestic animals or livestock animals. (Code 1971, § 15.110.124)

24.110.110 Apartment.

A dwelling unit in a building designed for occupancy by three or more families living independently of each other, but not including dwelling units used as residential condominium projects or condominium conversion projects. (Code 1971, § 15.110.128)

24.110.120 Appealable developments – Coastal zone area.

A development that falls into any of the following categories:

A. Developments approved by the city between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance, as indicated on the official zoning map;

B. Developments approved by the city, and not included within subsection A of this section, which are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff, as indicated on the official zoning map or as determined by the State Lands Commission; or

C. Any development which constitutes a major public works project or a major energy facility under the California Coastal Act (Public Resources Code Section 30000 et seq.) (Code 1971, § 15.110.132)

24.110.130 Appurtenant.

Pertaining to, belonging to, or incidental to something else; in the case of property, an appurtenant right or interest is a right or interest which is attached to, or belongs to, or is incidental to, a principal property right, used with the property for its benefit and which passes as an incident to the principal property right when that principal property right is transferred. (Code 1971, § 15.110.136)

24.110.140 Arcade games.

Mechanical or electrical games, devices, machines or contrivances provided for the purpose of amusement, diversion or entertainment on a pay-for-play basis. This definition shall include movie viewers or similar machines presenting visual displays, but shall not include such devices as billiard tables or shuffleboards. (Code 1971, § 15.110.140)

24.110.150 Architectural protection sign.

A sign attached to any architectural feature that projects beyond the main building wall, such as awnings, canopies, marquees, balconies, porches, and other similar features. (Code 1971, § 15.110.144)

24.110.160 Attached.

For the purposes of this zoning ordinance, “attached” means physically connected in a substantial fashion as with a common wall or roof. (Code 1971, § 15.110.148)

24.110.170 Availability sign.

A sign identifying a commercial, institutional, or industrial development or lot as available for sale, lease, or rent. (Code 1971, § 15.110.152)

24.110.180 Banner.

A decorative device made of cloth, plastic, or other flexible material and containing an affixed message. (Code 1971, § 15.110.156)

24.110.190 Base flood.

A flood having a one percent chance of being equaled or exceeded in any given year. The base flood shall be the same as the 100-year flood. (Code 1971, § 15.110.160)

24.110.200 Basement.

A space having 50 percent or more of its floor-to-ceiling height below the average grade of the adjacent ground; except that any such space shall be deemed a first story if it includes, or could include, a habitable room. (Code 1971, § 15.110.164)

24.110.210 Beach access, lateral.

Access along the shoreline paralleling the water’s edge, including, but not limited to, the public right to pass and repass within an area between the first public roadway and the mean high tide line. (Code 1971, § 15.110.168)

24.110.220 Billboard.

Any outdoor advertising display which is used for advertising or display purposes not substantially related to any activity on the premises where it is located. (Code 1971, § 15.110.172)

24.110.230 Bluff edge.

“Bluff edge” means the upper termination of a bluff. When the top edge of the bluff is rounded away from the face of the bluff, the edge shall be defined as that point nearest the face beyond which the downward gradient of the land surface is greater than 30 degrees. In a case where there is a step-like feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to be the bluff edge. (Code 1971, § 15.110.176)

24.110.240 Boarding house.

A dwelling unit occupied by the owner, or the resident manager employed by the owner, in which there are at least three sleeping rooms, made available for rental to the public for continuous residential purposes, regardless of whether meals are also provided. (Code 1971, § 15.110.180)

24.110.250 Boat.

A vessel which is capable, when fully operational, of carrying one or more persons, on a navigable body of water. (Code 1971, § 15.110.184)

24.110.260 Buffer.

A designated width of land adjacent to a river, stream, or sensitive habitat area necessary to protect biological productivity, water quality, or hydrological characteristics of such rivers, streams, or sensitive habitat area. (Code 1971, § 15.110.192)

24.110.270 Buildable area.

The area of a lot remaining after the minimum required setback, yard, and open space areas required by this zoning ordinance have been subtracted from the total lot area. (Code 1971, § 15.110.196)

24.110.280 Building.

Any structure having a roof supported by columns or walls used or intended to be used for supporting or sheltering any persons, animals, or chattels and requiring a building permit from the city’s building official. (Code 1971, § 15.110.200)

24.110.290 Building area.

The proportion of the lot area, expressed as a percentage of the total lot area, that is covered by the total horizontal cross-section of any and all buildings and structures on the lot. Buildings or structures included within this definition are all accessory structures, balconies, patio covers, covered entryways, gazebos, lattice-work, and any similar buildings or structures or portions thereof that result in reducing the amount of lot area open to the sky. For purposes of this definition, neither structures which are at or wholly below the finished lot grade nor allowed eave overhangs of buildings shall be included in the computation of building area. (Code 1971, § 15.110.204)

24.110.300 Building envelope.

The proposed maximum dimensions of a building, including, without limitation, the building’s length, height, width, configuration, maximum overall elevation, and the building’s placement on the site, as indicated on any plans or drawings submitted for review by the decision-making authority. (Code 1971, § 15.110.208)

24.110.310 Building frontage.

For the purpose of determining maximum allowable sign area, “building frontage” means the linear measurement of a front building elevation at the widest point. For buildings occupied by more than one tenant, the building frontage for each business is that portion of the front building elevation adjacent to the business. (Code 1971, § 15.110.212)

24.110.320 Building line.

The line where the building wall meets the finished grade of the soil along the exterior building walls. (Code 1971, § 15.110.216)

24.110.330 Building-related sign.

A “building-related sign” is a sign that is otherwise defined as an architectural projection sign, projecting sign, wall sign or permanent window sign. (Code 1971, § 15.110.220)

24.110.340 Caretaker’s residence.

A dwelling unit that is occupied by one family, which provides maintenance or security services for commercial, industrial, institutional, recreational, or agricultural uses on the same site as the dwelling unit. (Code 1971, § 15.110.224)

24.110.350 Carport.

A structure with a roof and with at least one open side used for parking automobiles of the occupants of the premises where such structure is located. (Code 1971, § 15.110.228)

24.110.360 Changeable copy sign.

A sign constructed so that the letters or other advertising material upon it can be readily interchanged, but not including theater marquees, information boards at churches, schools, and public service organizations, and service station price signs. (Code 1971, § 15.110.232)

24.110.370 Coastal Act.

The California Coastal Act of 1976, commencing with Section 30000 of the Public Resources Code. (Code 1971, § 15.110.236)

24.110.380 Coastal Commission.

The California Coastal Commission created by and operating under the Coastal Act as it may from time to time be amended. (Code 1971, § 15.110.240)

24.110.390 Coastal-dependent development or use.

Any development or use which requires a site on, or adjacent to, the sea to function. (Code 1971, § 15.110.244)

24.110.400 Coastal-dependent recreation.

Recreational activities which require a coastal zone location in order to occur, including, but not limited to, ocean swimming, surfing, scuba diving, fishing, boating, beach activities, or nature study. (Code 1971, § 15.110.248)

24.110.410 Coastal land use plan.

Maps and a text which indicate the kinds, location, and intensity of land uses, including resource protection and development policies. (Code 1971, § 15.110.252)

24.110.420 Coastal-related development.

Any use that is dependent upon a coastal-dependent development or use. (Code 1971, § 15.110.256)

24.110.430 Coastal-related recreation.

Recreational activities which are popular in coastal zone locations but also occur inland, including, but not limited to, picnicking, bicycling, walking, jogging, or camping. (Code 1971, § 15.110.260)

24.110.440 Coastal zone.

That land and water area extending seaward to the city’s outer limit of jurisdiction and extending inland to the coastal zone boundary shown on the official zoning district map. (Code 1971, § 15.110.264)

24.110.450 Combination sign.

A sign incorporating any combination of the features of monument, projecting, roof, or wall signs. (Code 1971, § 15.110.268)

24.110.460 Community events.

Meetings, rallies or other gatherings of persons which may include games, eating and drinking facilities, live entertainment, art exhibits, animal exhibits, animal vaccination clinics, religious revivals, charitable fund-raising auctions, circuses, carnivals, or other similar activities. (Code 1971, § 15.110.272)

24.110.470 Community identification sign.

A monument sign used as a permanent identification sign for a residential project. (Code 1971, § 15.110.276)

24.110.480 Condominium.

For purposes of this zoning ordinance, a “condominium” shall mean a condominium as defined in California Civil Code Section 1351, as it may be amended from time to time. (Code 1971, § 15.110.280)

24.110.490 Condominium, residential.

“Condominium, residential” or “residential condominium” means an estate in real property consisting of an undivided interest in common in a portion of a lot together with a separate interest in space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either (A) an estate of inheritance or perpetual estate, (B) an estate for life, (C) an estate for years, such as a leasehold, or a subleasehold, or (D) an estate at will. The term “residential condominium” as used in this zoning ordinance shall also be deemed to mean and include the terms “stock cooperative,” “community apartment,” and similar or related forms of residential ownership. (Code 1971, § 15.110.284)

24.110.500 Condominium conversion, residential.

A change in ownership of a development of land and the structures thereon to residential condominiums, regardless of the present or prior use of such land or structures or whether substantial improvements have been made, or are proposed to be made, to such structures. (Code 1971, § 15.110.288)

24.110.510 Construction identification sign.

A sign stating information regarding individuals or businesses directly connected with the construction of buildings or other structures. (Code 1971, § 15.110.292)

24.110.520 Controlled drilling site.

A location upon which surface operations incidental to oil well drilling or deepening and the production of oil or gas or other hydrocarbon substances may be permitted pursuant to the provisions of this zoning ordinance. (Code 1971, § 15.110.296)

24.110.530 Corporate flag.

An official flag of a corporation or other established business entity. (Code 1971, § 15.110.300)

24.110.540 Covenants, conditions, and restrictions.

“Covenants, conditions, and restrictions” or “CC&Rs” means declarations or other documents setting forth rights, duties, and obligations of the owners of property interests in a condominium or other common interest development which, upon being recorded, constitute equitable servitudes upon the subject property. (Code 1971, § 15.110.304)

24.110.550 Curb level.

The average level of the established curb at the front lot line. Where no curb level has been established, a survey acceptable to the city engineer may be required to establish such curb level or its equivalent for the purpose of this section. For lots having more than one front lot line, the curb level shall be measured from the average elevation of the highest front lot line. (Code 1971, § 15.110.308)

24.110.560 Customer service area.

With respect to any dining establishment: full service; dining establishment: fast service, drive-up; or drinking establishment use type, the gross floor area which a customer is typically permitted to occupy and use freely including, but not limited to, entry or waiting areas, indoor dining areas, and bar seating areas. Customer service areas do not include outdoor dining areas, restrooms, kitchens, storerooms, and other areas where services are not provided to the customer. (Code 1971, § 15.110.312)

24.110.565 Day services facility.

A facility open to the public between the hours of 8:00 a.m. and 6:00 p.m. providing a temporary location for the provision of meals, laundry, and shower facilities to persons who may be homeless or in need and subject to the operational standards of Chapter 24.438. The term “day services facility” excludes emergency services and emergency shelters with full supportive service. (Ord. No. 2017-008, § 25, 4-17-17)

24.110.570 Decision, discretionary.

Those decisions which require the exercise of judgment, deliberation, or discretion on the part of the decision-maker in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-maker merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Examples of discretionary decisions that may be made by the city council, planning commission, director of community development, or other decision-making authority include, but are not limited to, use permits, variances, zone changes, planned development permits, tentative maps and related time extensions, comprehensive plan amendments; and appeals, amendments, rehearings, rescissions, or revocations, where applicable, of any such decisions. (Code 1971, § 15.110.316)

24.110.580 Decorative device.

A flag (other than a corporate flag or the flag of a government entity), banner, pennant, balloon, streamer, or similar device, whether or not any written, printed, or other message is affixed. (Code 1971, § 15.110.320)

24.110.590 Development.

On land, in or under water, the placement or erection of any solid material or structure; the discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; the grading, removing, dredging, mining, or extraction of any materials; a change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; a change in the intensity of use of water, or of access thereto; the construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973. (Code 1971, § 15.110.324)

24.110.600 Directional drilling.

Whipstocking or slant drilling from a controlled drilling site. (Code 1971, § 15.110.328)

24.110.610 Directional sign.

A sign which directs, facilitates or controls the efficient and safe movement of pedestrians or vehicles on a site; provided, that it may include the name of the facility which occupies the site, but shall not serve as a form of advertising or act as business identification. (Code 1971, § 15.110.332)

24.110.620 Director.

For purposes of this zoning ordinance, “director” shall mean the director of community services or the director’s designee, unless the context clearly indicates otherwise. “Director” may include, and may sometimes be referred to as, the director’s former title of director of community development. (Code 1971, § 15.110.336)

24.110.630 Directory sign.

A sign listing the occupants of a building designed for pedestrian viewing and direction. (Code 1971, § 15.110.340)

24.110.640 Downtown area.

For purposes of the Downtown Parking Overlay Zone, “downtown area” means the area described in city council Resolution No. 85-68, and exhibits or attachments thereto, as it may be amended from time to time. (Code 1971, § 15.110.344)

24.110.650 Dwelling unit.

Any building or portion thereof which contains living facilities including all of the following: provisions for sleeping, a kitchen, and sanitation for not more than one family. (Code 1971, § 15.110.348)

24.110.660 Emergency.

A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. (Code 1971, § 15.110.352)

24.110.670 Emergency facility.

Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. (Code 1971, § 15.110.356)

24.110.675 Emergency shelter, with minimal supportive services.

Housing with minimal supportive services for homeless persons that limits the occupancy to six months in any 12-month period by a homeless person and does not deny any individual or household shelter because of an inability to pay. This use type does not include residential care or group care. Minimal supportive services may include the provision of personal services such as showers and restrooms, storage, housing for pets, food preparation and dining, laundry, etc. An emergency shelter, with minimal supportive services, that allows homeless persons to stay during the day between the hours of 8:00 a.m. to 6:00 p.m. shall be classified as an emergency shelter, with full supportive services. (Ord. No. 2011-010, § 2, 8-1-11; Ord. No. 2017-008, § 23, 4-17-17)

24.110.676 Emergency shelter, with full supportive services.

Housing with full supportive services for homeless persons that limits the occupancy to six months in any 12-month period by a homeless person and does not deny any individual or household shelter because of an inability to pay. This use type does not include residential care or group care. Full supportive services shall include intake, assessment, and individualized case management services for homeless persons. These services can include social services such as housing assistance, job training and placement, mental health services, life skills coaching, and legal assistance. Full supportive services shall also include housing for pets of homeless persons. (Ord. No. 2017-008, § 24, 4-17-17)

24.110.680 Environmentally sensitive habitat area.

Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in any ecosystem and which could be easily disturbed or degraded by human activities and developments. (Code 1971, § 15.110.360)

24.110.690 Establishment.

The use of a premises, or any portion of a premises, for conducting business, providing services, or performing industrial or agricultural operations, or for conducting activities of a governmental or private nonprofit agency, corporation, or association. (Code 1971, § 15.110.364)

24.110.700 Estuaries.

Coastal water bodies usually semi-enclosed by land, but which have open, partially obstructed, or intermittent exchange with the ocean and in which ocean water is at least occasionally diluted by freshwater runoff from the land. The salinity may be periodically increased above the open ocean by evaporation. In general, the boundary between “wetland” and “estuary” is the line of extreme low water. (Code 1971, § 15.110.368)

24.110.710 Factory-built home.

A dwelling unit which is either wholly manufactured, or in substantial part manufactured, at an off-site location to be transported to, and wholly or partially assembled on, a building lot in accordance with applicable state standards and regulations. “Factory-built home” as defined herein includes a modular home and a panelized home, but does not include a mobile home or a recreational vehicle. (Code 1971, § 15.110.372)

24.110.720 Family.

An individual or two or more persons living together as a single household unit in a dwelling unit, including any group of persons residing in a facility defined or treated under state or federal law as a residential use by a single family; provided, that “group care” uses as defined by this zoning ordinance are not included within this definition. (Code 1971, § 15.110.376)

24.110.730 Farm employee housing.

One or more dwelling units used exclusively for the purpose of housing farm workers and their families employed for farm work and working on the same property or properties under the same ownership as the property upon which the farm employee housing is located. (Code 1971, § 15.110.380)

24.110.740 Feasible.

Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Code 1971, § 15.110.384)

24.110.750 Feature sign.

A sign to identify a particular model, or type of dwelling unit in a subdivision. (Code 1971, § 15.110.388)

24.110.760 Flashing or blinking sign.

An illuminated sign in which the illumination is not designed to be maintained at a constant intensity, with the exception of time and temperature displays. (Code 1971, § 15.110.392)

24.110.770 Floodproofing.

Any combination of structural and nonstructural additions, changes, and adjustments to a site which reduce or eliminate potential flood damage to real estate or improved property. (Code 1971, § 15.110.396)

24.110.780 Floor area, gross.

The total number of square feet of actual floor, stair, loft, or mezzanine area included within the outside faces of the surrounding exterior walls of all buildings on a site. (Code 1971, § 15.110.400)

24.110.790 Freeway service facility.

Uses within the lodging services: hotels and motels; the automotive and accessories, gasoline sales; the dining establishment: full service; or the dining establishment: fast service, drive-up use types located either:

A. Within 250 feet of a freeway right-of-way; or

B. Adjacent to a public street right-of-way such that a portion of the opposite side of the street right-of-way is within 250 feet of a freeway right-of-way. (Code 1971, § 15.110.404)

24.110.800 Front building elevation.

For the purpose of determining maximum allowable sign area, the front building elevation is that elevation designed to be viewed from the street and containing the primary pedestrian entrance. For corner lots where the primary pedestrian entrance is part of the corner of the structure, only one elevation is the front building elevation, as determined by the director. (Code 1971, § 15.110.408)

24.110.810 Garage.

A detached accessory structure or portion of a main building which is fully enclosed, has a roof, has a vehicular garage door maintained in good working order, and is used for the parking of vehicles of the occupants of the premises. (Code 1971, § 15.110.412)

24.110.820 Grade, average finished.

The average elevation of the finished surface of the ground comprising a site after all necessary grading has been performed. (Code 1971, § 15.110.416)

24.110.830 Grade, average natural.

The average elevation of the surface of the ground comprising a site as it existed as of March 1, 1989. (Code 1971, § 15.110.420)

24.110.840 Group care.

A use, as described in subsections A through D of this section, including, without limitation, any use providing a residence for a person or persons with a handicap as defined by the Federal Fair Housing Act Amendments of 1988, but excluding those uses defined as “residential care,” “emergency shelter,” “transitional housing,” “supportive housing,” or “medical care,” in any facility, place, or building which is:

A. Operating without a valid license or special permit from the state department of social services or its director where nonmedical care, supervision, or assistance of any kind is provided to six or fewer persons 18 years of age or older on a 24-hour per day or less than 24-hour per day basis;

B. Operating with or without a valid license or special permit from the state department of social services or its director where nonmedical care, supervision, or assistance of any kind is provided to seven or more persons 18 years of age or older on a 24-hour per day or less than 24-hour per day basis;

C. Operating as a residential care facility for the elderly as defined in Section 2469.2 of the Health and Safety Code where residents over 60 voluntarily choose a group housing arrangement; or

D. Operating as a licensed large family day care home as defined in Section 1596.78 of the Health and Safety Code where family day care and supervision is provided for 13 or more children under 18 years of age for periods of less than 24 hours per day. (Code 1971, § 15.110.424; Ord. No. 2011-010, § 3, 8-1-11)

24.110.850 Guest house.

Living quarters within a detached accessory building located on the same premises with the primary building, for use by temporary guests of the occupants thereof; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling. (Code 1971, § 15.110.428)

24.110.860 Habitable room.

Any room which has a minimum ceiling height of seven and one-half feet, and is used, or which could be used, for sleeping or other living purposes, but excluding such enclosed places as closets, bath or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking, and similar spaces. (Code 1971, § 15.110.432)

24.110.870 Hazardous materials.

Any materials defined as “hazardous materials” by Chapter 14.50, as it may be amended from time to time. (Code 1971, § 15.110.436)

24.110.880 Hazardous waste.

A waste, or combination of wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following:

A. Cause, or significantly contribute to an increase in mortality or increase serious irreversible, or incapacitating reversible, illness;

B. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely hazardous waste and acutely hazardous waste. (California Health and Safety Code Section 25117.) (Code 1971, § 15.110.440)

24.110.890 Hazardous waste facility.

“Hazardous waste facility” means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (Code 1971, § 15.110.444)

24.110.900 Hillside area.

All of that area northerly of Foothill Road and Poli Street, and east of Cedar Street and as more particularly described in the comprehensive plan. (Code 1971, § 15.110.448)

24.110.910 Historic district.

Any area designated by the city council and which may contain one or more registered historic places. (Code 1971, § 15.110.452)

24.110.920 Home occupation.

An occupation conducted at a premises containing a dwelling unit as an incidental use by the occupant of that dwelling unit. (Code 1971, § 15.110.456)

24.110.930 Hotel.

A building containing six or more rooms occupied as a temporary abiding place for persons who, for compensation, are lodged with or without meals. “Hotel,” as used in this zoning ordinance, includes without limitation, a timeshare facility, a hostel, or a motel. (Code 1971, § 15.110.460)

24.110.940 Household.

A family living together in a single dwelling unit, with common access to, and common use of, all living areas and a kitchen within the dwelling unit. (Code 1971, § 15.110.464)

24.110.950 Incidental use.

A use customarily, within Ventura County, incident and subordinate to the principal use of the land or building(s) and customarily found on the same lot as the principal use. (Code 1971, § 15.110.468)

24.110.960 Junk.

“Junk” means old or scrap ferrous or nonferrous metals, rope, rags, batteries, paper, trash, rubber debris, waste, not including hazardous waste; or dismantled or wrecked motor vehicles, or parts thereof. (Code 1971, § 15.110.472)

24.110.970 Junkyard.

Any lot where more than 10 square feet of said lot is used for the storing, keeping, buying, or selling of wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts or other junk. This definition of “junkyard” includes, but is not limited to, salvage yards, scrap yards, scrap metal processing facilities, automobile graveyards, auto wrecking yards, auto recycling yards, used auto parts yards, and automobile dismantling facilities. (Code 1971, § 15.110.476)

24.110.980 Kitchen.

Any area of a premises used for the storage and cooking of foods for human consumption regardless of whether said area is, or may be, used for other purposes. A kitchen may be identified by the presence or indication of, among other things, a cooking appliance, including, but not limited to, a stove, oven, microwave oven, or hot plate. (Code 1971, § 15.110.480)

24.110.985 Landscaping, dense.

Any plant material, living or dead, that restricts or prevents movement across a boundary and that provides the appearance and/or function of a fence and/or barrier. Individual plant material identified in Sunset’s Western Garden Book as a tree and planted at a minimum spacing as recommended in the Western Garden Book shall not be construed as restricting movement across a boundary. (Ord. No. 2010-016, § 2, 11-22-10)

24.110.990 Like-for-like.

For purposes of this zoning ordinance, “like-for-like” replacement of a building means the same gross square footage, the same building footprint, the same height, and the same setbacks as existed at the site immediately prior to the replacement. (Code 1971, § 15.110.484)

24.110.1000 Local coastal program.

The city’s (A) comprehensive plan as applicable to the coastal zone, (B) zoning ordinance, (C) official zoning district map, and (D) within sensitive coastal resource areas, other implementing actions, which when taken together meet the requirements of, and implement the provisions and policies of, the Coastal Act of 1976 at the local level. (Code 1971, § 15.110.488)

24.110.1010 Lot.

A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, that may be used, developed or built upon as a unit. (Code 1971, § 15.110.492)

24.110.1020 Lot area.

The total area, measured in a horizontal plane, within the lot lines of a lot and inclusive of easements. In computing the lot area of a lot which abuts upon one or more alleys, one-half of the width of such alley or alleys may be used in computing the total area of a lot. (Code 1971, § 15.110.496)

24.110.1030 Lot, corner.

A lot situated at the intersection of two or more streets, or upon two parts of the same street forming an interior angle of less than 135 degrees. (Code 1971, § 15.110.500)

24.110.1040 Lot coverage.

For purposes of this zoning ordinance, “lot coverage” shall have the same definition as “building area.” (Code 1971, § 15.110.504)

24.110.1050 Lot depth.

The horizontal distance between the front and rear lot lines, measured as a line extending from the midpoint of the front lot line in the mean direction of the side lot lines to the midpoint of the rear lot line. In the case of a through lot, the lot depth is the horizontal distance similarly measured between the two front lot lines. In the case of irregularly shaped lots, the lot depth shall be determined by the director in accordance with the procedure provided in this definition for regular-shaped lots to the extent feasible. (Code 1971, § 15.110.508)

24.110.1060 Lot frontage.

That portion of a lot that abuts a street to which the property has rights of vehicular access. (Code 1971, § 15.110.512)

24.110.1070 Lot, interior.

A lot other than a corner lot. (Code 1971, § 15.110.516)

24.110.1080 Lots irregularly shaped.

A lot which is triangular, or which the director otherwise determines to be irregular because it has at least one pair of opposing boundary lines that are not parallel. (Code 1971, § 15.110.520)

24.110.1090 Lot key.

The first lot to the rear of a reversed corner lot where such lots are not separated by an alley. (Code 1971, § 15.110.524)

24.110.1100 Lot line.

The lines bounding a lot as herein defined. (Code 1971, § 15.110.528)

24.110.1110 Lot line, front.

The shortest boundary line of a lot that abuts a street to which the property has rights of vehicular access. For corner lots, the boundary line parallel to front of the structure that contains the main entrance. (Code 1971, § 15.110.532; Ord. No. 2010-016, § 3, 11-22-10)

24.110.1120 Lot line, rear.

A lot line which is opposite and most distant from the front lot line. For an irregular-shaped lot, the rear lot line shall mean a line 10 feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line. (Code 1971, § 15.110.536)

24.110.1130 Lot line, side.

Any lot boundary line which is not a front lot line or a rear lot line. (Code 1971, § 15.110.540)

24.110.1140 Lot of record.

A lot officially recorded by map or plat in the office of the county recorder of Ventura County prior to March 5, 1930; or officially recorded since March 5, 1930, in full compliance with zoning and subdivision requirements in effect at the time of recordation. (Code 1971, § 15.110.544)

24.110.1150 Lot, reversed corner.

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

(Code 1971, § 15.110.548)

24.110.1160 Lot, through.

A lot having a frontage on, and rights of vehicular access to, two parallel or approximately parallel streets. For the purposes of determining vehicular access to parallel streets pursuant to this definition, alleys are not streets. (Code 1971, § 15.110.552)

24.110.1170 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. (Code 1971, § 15.110.556)

24.110.1180 Major public works projects and major energy facility.

Any public works project defined as a major public works project, or any energy facility defined as a major energy facility, by the Coastal Act or any regulations promulgated thereunder. (Code 1971, § 15.110.560)

24.110.1190 Manufactured home.

A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation, when connected to all required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. “Manufactured home” includes, without limitation, a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Sections 5401 et seq.). (Code 1971, § 15.110.564)

24.110.1200 Maximum sign allowance.

The sign, or combination of signs, that constitutes the maximum allowable number, types, sizes, and areas of signs permitted in conjunction with a particular use. (Code 1971, § 15.110.568)

24.110.1210 Mean high tide line.

High water mark of the ocean which is an ambulatory line varying over time as a result of climatic and other influences. The line is the norm of the average inland extent of tidal influence. (Code 1971, § 15.110.572)

24.110.1220 Medical care.

A use, excluding “residential care” and “group care,” provided by the following:

A. Licensed health facilities, as defined in Health and Safety Code Section 1250, except as provided in Health and Safety Code Section 1267.8; or

B. Licensed clinics, as defined in Health and Safety Code Sections 1200, 1204, and 1204.1. (Code 1971, § 15.110.576)

24.110.1230 Mezzanine.

For purposes of this zoning ordinance, “mezzanine” shall have the same definition as “half-story.” (See “story, half.”) (Code 1971, § 15.110.580)

24.110.1240 Mobile home.

A structure certified under the National Manufactured Housing Construction and Safety Act of 1974. This definition does not include a recreational vehicle, motor home, factory-built home, or trailer coach. (Code 1971, § 15.110.584)

24.110.1250 Mobile home park.

A site used or designated to accommodate two or more mobile home lots which are rented or leased or held out for rent or lease. (Code 1971, § 15.110.588)

24.110.1255 Mobile home park – Seniors.

“Mobile home park – seniors” or “seniors mobile home park” means a mobile home park in which at least 80 percent of the spaces are occupied by, or intended for occupancy by, at least one person who is 55 years of age or older, or in which 100 percent of the spaces are occupied or intended for occupancy by persons 62 years of age or older. (Ord. No. 2015-010, § 2, 9-21-15)

24.110.1260 Mobile sign.

Any sign which is mounted, or designed for mounting, on wheels; or which is mounted or designed for mounting on a self-propelled or towed vehicle; which sign or vehicle is parked or otherwise left on a public right-of-way or is visible from a public right-of-way, the primary purpose of which is advertising. A mobile sign shall not be construed as a name or other identifying information painted or mounted on a vehicle when that vehicle is in fact being used in normal day-to-day transportation operations of the business so identified. (Code 1971, § 15.110.592)

24.110.1270 Monument sign.

A permanent sign supported by one or more braces in or upon the ground. (Code 1971, § 15.110.596)

24.110.1280 Moving sign.

A sign which has an actual moving, revolving, or rotating part, activated by electrical, mechanical, or other devices, or by wind movement. For the purposes of this zoning ordinance, time and temperature displays and traditional barber poles shall not be considered moving signs. (Code 1971, § 15.110.600)

24.110.1290 Mural.

A sign that is not an integral part of the architecture or color scheme of the structure. (Code 1971, § 15.110.604)

24.110.1300 Nonconforming lot.

A lot lawfully existing at the time the zoning ordinance originally became effective (February 25, 1965), but that does not comply with the current provisions of this zoning ordinance because it has less than the currently required lot area or lot width required for the zoning district in which it is located. (Code 1971, § 15.110.608)

24.110.1310 Nonconforming sign.

A sign that was a lawfully existing sign as of April 16, 1981, but that does not conform to all of the provisions of this zoning ordinance. (Code 1971, § 15.110.612)

24.110.1320 Nonconforming structures.

A building or other structure, or portion thereof, lawfully existing at the time the zoning ordinance originally became effective (February 25, 1965), but that does not conform to the current provisions of this zoning ordinance including, but not limited to, height, setbacks, or lot coverage regulations for the zoning district in which it is located. (Code 1971, § 15.110.616)

24.110.1330 Nonconforming use.

A use which lawfully occupied a building or land at the time the zoning ordinance became effective (February 25, 1965), but which does not comply with this zoning ordinance with respect to the current use regulations for the zoning district in which it is located. (Code 1971, § 15.110.620)

24.110.1340 Nonmedical care, supervision or assistance.

Aid provided by a group, person, or entity other than the persons occupying a residence when the provider has control over or responsibility for assuring the provision of a substantial portion of the: (A) personal activities of daily living, including, but not limited to, grooming, feeding, and dressing; or (B) instrumental activities of daily living, including, but not limited to, housework, laundry, money management; or (C) protective supervision of the persons occupying the residence. (Code 1971, § 15.110.624)

24.110.1350 Open coastal waters and coastal water.

The open ocean overlying the continental shelf and its associated coastline where salinity exceeds 30 parts per thousand with little or no dilution except opposite mouths of estuaries. Some portions of open coastal waters, generally areas without especially significant plant or animal life, may not be considered environmentally sensitive habitat areas. Environmentally sensitive habitat areas within open coastal waters may include “areas of special biological significance,” as identified by the state water resources control board, habitats of rare or endangered plant and animal species, near shore reefs, rocky intertidal areas (such as tidepools), and kelp beds. (Code 1971, § 15.110.628)

24.110.1360 Open house sign.

A sign to indicate a residential open house for sales purposes. (Code 1971, § 15.110.632)

24.110.1370 Open storage.

Storage of any goods, materials, or equipment other than vehicles, and other than “junk” as defined in this chapter for a period of 72 hours or more in areas that are outside the confines of a completely enclosed building. (Code 1971, § 15.110.636)

24.110.1380 Parking space.

Space specifically set aside on a site to be used only for the temporary off-street parking of one operable motor vehicle as defined by the California Vehicle Code. (Code 1971, § 15.110.640)

24.110.1390 Patio cover.

A structure consisting of any overhead covering including, but not limited to, lattice-work, open beams, and solid materials, that is open on all sides not attached to a building with the exception of necessary post supports. (Code 1971, § 15.110.644)

24.110.1400 Pole sign.

A monument sign greater than 12 feet in height as measured from the average curb grade of the adjacent public right-of-way. (Code 1971, § 15.110.648)

24.110.1410 Portable sign.

A sign which is self-supporting, designed to be moveable, and not structurally attached to the ground, a building, a structure or another sign. Portable signs include, but are not limited to, sandwich board signs, A-frame signs, and other similar signs. (Code 1971, § 15.110.652)

24.110.1420 Premises.

A lot together with the buildings and structures thereon. (Code 1971, § 15.110.656)

24.110.1430 Primary building.

A building which contains the principal use on a lot. (Code 1971, § 15.110.660)

24.110.1440 Principal use.

The specific and primary purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or a building is or may be occupied or maintained. (Code 1971, § 15.110.664)

24.110.1450 Projecting sign.

A sign attached to a building wall such that the face of the sign is not parallel to the wall, or a sign which extends beyond the building wall to which it is attached for a distance greater than the depth of the sign structure. (Code 1971, § 15.110.668)

24.110.1460 Promotional activities.

Temporary retail sales activities conducted on a premises outside the confines of a completely enclosed building, by an establishment occupying and operating from that premises. “Promotional activities” include, but are not limited to, private sidewalk or parking lot sales. (Code 1971, § 15.110.672)

24.110.1470 Public right-of-way.

For purposes of this zoning ordinance, any area dedicated or subject to public fee ownership or an easement for public use for vehicular and/or pedestrian travel including, but not limited to, streets, alleys, and sidewalks. (Code 1971, § 15.110.676)

24.110.1480 Real estate sign.

A sign identifying residential property for sale, lease, or rent. (Code 1971, § 15.110.680)

24.110.1490 Recreation, active.

Recreational activities, usually of a group nature, which require permanent above-ground improvements, including, but not limited to, playing fields or courts, restrooms, and tables; or which involve a motorized vehicle. (Code 1971, § 15.110.684)

24.110.1500 Recreation, passive.

Recreational activities, usually of an individual nature, including, but not limited to, sunbathing, walking, hiking, or nature study, and which do not require permanent above-ground improvements and which do not involve a motorized vehicle. (Code 1971, § 15.110.688)

24.110.1510 Recreational vehicle.

A vehicular portable structure without permanent foundation, which can be towed, hauled, or driven, and which is primarily designed as a temporary living accommodation for recreation, camping, and travel use, including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes, but not including a trailer coach. (Code 1971, § 15.110.692)

24.110.1520 Recreational vehicle park.

A site used for, or designed to accommodate, the overnight parking of two or more recreational vehicles. (Code 1971, § 15.110.696)

24.110.1530 Registered historic place.

Any building or site which is registered in the National Register of Historic Places, California Points of Historical Interest Program, Historic American Building Survey, or designated on the city’s list of historic landmarks. (Code 1971, § 15.110.700)

24.110.1540 Repair.

The reconstruction or renewal of any part of an existing building or structure for the purpose of maintaining such building or structure in its existing size and configuration. (Code 1971, § 15.110.704)

24.110.1550 Residential care.

A use, excluding those defined as “group care” and “medical care,” provided by any of the following:

A. Licensed residential facilities, as defined in Section 1502(a)(1) of the Health and Safety Code, serving six or fewer persons as provided in Section 1566.3 of the Health and Safety Code;

B. Licensed small family day care homes serving six or fewer children, as provided in Health and Safety Code Section 1597.46;

C. Licensed residential care facilities for the elderly serving six or fewer persons as provided in Health and Safety Code Section 1569.85;

D. Licensed intermediate care facility/developmentally disabled habilitative health facilities serving six or fewer persons, as provided in Health and Safety Code Section 1267.8;

E. Licensed intermediate care facility/developmentally disabled nursing health facilities serving six or fewer persons, as provided in Health and Safety Code Section 1267.8;

F. Licensed congregate living health facilities serving six or fewer persons, as provided in Health and Safety Code Section 1267.8;

G. Any arrangement for the receiving and care of persons by a relative if the arrangement is not for financial profit and occurs only occasionally and irregularly, as provided in Health and Safety Code Section 1505(k);

H. Group care uses lawfully existing and operating prior to February 2, 1988, subject to the terms and conditions of any use permit or other entitlement to operate which the use possesses; and

I. Any other facility defined as a residential use by a single family in federal or state law that is preemptive of local regulation. (Code 1971, § 15.110.708)

24.110.1560 Reserved.

Editor’s note(s): Section 2.B. of Ord. No. 2017-015, adopted November 6, 2017, repealed Section 24.110.1560, which pertained to the definition of residential second unit (or “second unit”), and derived from the 1971 Code; and Ord. No. 2004-007, adopted April 19, 2004.

24.110.1570 Riparian habitats.

Areas of riparian vegetation. This vegetation is an association of plant species which grow adjacent to freshwater watercourses, including perennial and intermittent streams, lakes, and other bodies of fresh water. (Code 1971, § 15.110.716)

24.110.1580 Rivers.

For purposes of this zoning ordinance, “rivers” shall have the same definition as “streams.” (Code 1971, § 15.110.720)

24.110.1590 Roof sign.

A sign which extends above the roof line or is supported by any part of the roof of a structure. A sign which is attached to a parapet or is completely recessed into a sloping roof plane and is designed as an integral part of the roof line shall not be considered a roof sign upon determination by the director that said sign is architecturally and aesthetically appropriate to the building upon which it is located. (Code 1971, § 15.110.724; Ord. No. 2021-017, § 5, 12-13-21)

24.110.1600 Sea.

The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. (Code 1971, § 15.110.728)

24.110.1610 Seaward parking corridor.

For the purposes of this zoning ordinance, “seaward parking corridor” means that area consisting of properties generally located between Harbor Boulevard and the Pacific Ocean, directly abutting Seaward Avenue or Zephyr Court. (Code 1971, § 15.110.730)

24.110.1620 Setback.

The distance between a property line and any structure more than three and one-half feet high. In the case of a side or rear setback, one-half of an abutting alley may be included in the computation of the setback. (Code 1971, § 15.110.732)

24.110.1630 Shopping center.

Development of a site with a total area of one or more acres in any commercial zone, or M-1 or M-2 zone, consisting of five or more nonresidential uses which are otherwise permitted in a commercial zone and which utilize common parking facilities on the site. (Code 1971, § 15.110.736)

24.110.1640 Shoreline protective structure.

Any device or structure, including, but not limited to, a groin, seawall, or revetment, that is designed or intended to prevent the incursion of the ocean onto the land and/or retard the erosion of a beach area. (Code 1971, § 15.110.740)

24.110.1650 Sign.

Any writing (including letter, word, or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banners or pennants), or any other device, figure, or similar character, including its structure and component parts, which is used for, intended to be used for, or which has the effect of identifying, announcing, directing, or attracting attention for locational, advertising, or other informational purposes, including subject matter attached to, printed on, or in any other manner represented on a building or other structure or device. (Code 1971, § 15.110.744)

24.110.1660 Sign face.

The surface of a sign designed for the purpose of displaying the sign copy, message, or display, exclusive of the supporting sign structure. (Code 1971, § 15.110.748)

24.110.1670 Sign program.

A written and pictorial representation of the location and design criteria for all signs on a site. (Code 1971, § 15.110.752)

24.110.1680 Site.

One premises, or two or more premises that function in a unified manner, for example, through use of common parking facilities. (Code 1971, § 15.110.756)

24.110.1690 Story.

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above an under-floor space is more than six and one-half feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such under-floor space shall be defined as a story. (Code 1971, § 15.110.760)

24.110.1700 Story, half or half-story.

A story whose floor area does not exceed 50 percent of the floor area immediately below. (Code 1971, § 15.110.764; Ord. No. 2001-10, § 2, 6-18-01; Ord. No. 2010-016, § 4, 11-22-10)

24.110.1710 Streams.

“Streams” or “rivers” means natural watercourses as designated by a solid line or dash and three dots symbol shown on the United States Geological Survey Map most recently published or any well-defined channel with distinguishable bed and bank, that show evidence of containing or having contained flowing water as indicated by scour or deposit of rock, sand, gravel, soil, or debris. (Code 1971, § 15.110.768)

24.110.1720 Street.

A public or private thoroughfare which affords principal means of vehicular access to abutting property. (Code 1971, § 15.110.772)

24.110.1730 Structural alteration.

Any construction, reconstruction, alteration, demolition, removal of, or additions to, the supporting members of a building or structure, including, but not limited to, bearing walls, columns, beams, girders, rafters, or joists. (Code 1971, § 15.110.776)

24.110.1740 Structure.

For purposes of this zoning ordinance and only if a building permit is required therefor, a structure is that which is built or constructed; an edifice or building of any kind; or any piece of work artificially built up or composed of parts joined together in some definite manner. (Code 1971, § 15.110.780)

24.110.1750 Subdivision sign.

A sign to identify a residential subdivision which has units for sale. (Code 1971, § 15.110.784)

24.110.1760 Supergraphic.

For purposes of this zoning ordinance, “supergraphic” shall have the same definition as “mural.” (Code 1971, § 15.110.788)

24.110.1770 Swap meet.

“Swap meet” means the occasional or periodic retail sale or exchange of goods or merchandise, other than animals or animal products, carried out in a building or open area where stalls or sales areas are set aside for, rented by, or otherwise provided to, various unrelated persons for the purpose of offering their inventories of such goods or merchandise for sale or exchange to members of the public, but such goods or merchandise are not displayed or otherwise stored on the site on a continuous basis. (Code 1971, § 15.110.792)

24.110.1780 Temporary business sign.

A sign displayed for a limited period of time and which is not considered permanent business identification. (Code 1971, § 15.110.796)

24.110.1790 Temporary political sign.

A sign installed for a limited period of time, designed for the purpose of soliciting or advertising support of or opposition to a political candidate or proposition at a public election. (Code 1971, § 15.110.800)

24.110.1800 Temporary use.

A use which occurs, or is intended to occur, on a particular site, for a fixed and limited period of time with the intent to discontinue such use upon the expiration of the time period. (Code 1971, § 15.110.804)

24.110.1810 Temporary window sign.

A window sign that exceeds the maximum sign allowance for a particular use. (Code 1971, § 15.110.808)

24.110.1820 Tenant directory map.

A sign consisting of a map of a residential project and listing the street addresses of buildings within that residential project. (Code 1971, § 15.110.812)

24.110.1830 Timeshare facility.

A facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, unit, or portion of real property, for a period of time that has been or will be allocated from the use of occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. (Code 1971, § 15.110.816)

24.110.1840 Trailer coach.

A vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle. (Code 1971, § 15.110.820)

24.110.1850 Truck.

“Truck” means a motor vehicle designed, used or maintained primarily for the transportation of property. Trucks are further classified into three categories as follows:

A. Light Trucks. Light trucks are trucks having a gross payload of one ton or less.

B. Medium Trucks. Medium trucks are trucks having a gross payload of more than one ton, but less than five tons.

C. Heavy Trucks. Heavy trucks are trucks having a gross payload of five or more tons. (Code 1971, § 15.110.824)

24.110.1860 Use (as a noun).

The purpose for which land or a structure is arranged, designed or intended, or for which either land or any structure thereon is or may be used. (Code 1971, § 15.110.828)

24.110.1870 Use (as a verb).

To occupy land or water in any manner or to establish, carry out, maintain or continue any activity or development on land or in water regardless of whether the activity or development is established, carried out, maintained or continued in a manner that utilizes buildings or structures on land or in water. (Code 1971, § 15.110.832)

24.110.1880 Wall sign.

A permanent sign flush-mounted upon the exterior of a building wall. (Code 1971, § 15.110.836)

24.110.1890 Wetland.

Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. (Code 1971, § 15.110.840)

24.110.1900 Window sign.

A sign which is attached to, or painted onto, a window surface or otherwise displayed inside the building and intended to be viewed from the exterior of the building. Window signs may be temporary or permanent. (Code 1971, § 15.110.844)

24.110.1910 Yard.

An open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this zoning ordinance. (Code 1971, § 15.110.848)

24.110.1920 Yard, front.

An area extending across the full width of the lot and lying between the front lot line and the nearest line or point of the main or primary building. (Code 1971, § 15.110.852)

24.110.1930 Yard, rear.

An area extending across the full width of the lot between the rear lot line and the nearest line or point of the main or primary building. (Code 1971, § 15.110.856)

24.110.1940 Yard, required.

The three-dimensional space extending upward from the area of a site located between a lot line and the setback line calculated from that lot line. (Code 1971, § 15.110.860)

24.110.1950 Yard setback.

For purposes of this zoning ordinance, “yard setback” shall have the same definition as “setback.” (Code 1971, § 15.110.864)

24.110.1960 Yard, side.

An area extending from the front yard, or from the lot line where no front yard is required by this zoning ordinance, to the rear yard, or rear lot line, between a side lot line and the side yard setback line. (Code 1971, § 15.110.868)

Article 4. Agricultural Use Types1

1 Cross reference(s): Animals, Chapter 8.50.

24.120.010 Chapter description.

This chapter establishes regulations governing temporary uses. (Code 1971, § 15.120.010)

24.120.020 Temporary uses permitted.

Seasonal events including, but not limited to, Christmas tree sales, Halloween pumpkin sales, berry sales, and similar events may be carried out in any zoning district, other than a residential zoning district; provided, that:

A. Such seasonal events may not exceed one occurrence of a seasonal event per site per calendar year;

B. One occurrence of any seasonal event per site may not last longer than eight weeks; and

C. Such seasonal events must comply with all requirements of the city’s building and safety division, fire department, police department, business license section, and other agencies. (Code 1971, § 15.120.020)

24.120.030 Temporary uses permitted subject to director’s permit.

This section lists those temporary uses which are allowed only upon approval of an application for a director’s permit pursuant to Chapter 24.505. The director’s permit may be conditionally approved in a manner that places conditions and restrictions on the use including, without limitation, conditions and restrictions relating to duration and hours of operation, noise and litter control, parking and vehicle or pedestrian access, or relating to any such other concerns as may arise with respect to the proposed use. Temporary uses which require a director’s permit are:

A. Temporary Gathering. Temporary gatherings of individuals that may involve eating, drinking, dancing, fundraisers, or other similar activities may be conducted at any one site but only for a maximum of one instance of no more than seven consecutive days in any 30-day period and a maximum of six times per calendar year. The types of temporary gatherings that may be allowed and the further limitations on such uses are as follows:

1. Community events.

2. Swap meets, intermittent. Swap meets that do not occur more frequently than the time limitations of this section may be conducted only in commercial zones, the M-1 zone, and the M-2 zone (swap meets that occur more frequently than allowed by the time limitations of this section require a use permit pursuant to Chapter 24.520);

B. Noncharity Auction: Temporary. Sales of goods or merchandise by auction less than three times per calendar year, and excluding the sale of food products or animals; and

C. Promotional Activities. Promotional activities may be conducted only on private property in commercial zones or the M-1 or M-2 zones, but only for a maximum of one instance of no more than seven consecutive days in any 30-day period and a maximum of six such instances per calendar year. (Code 1971, § 15.120.030)

24.125.010 Chapter description.

This chapter establishes regulations for home occupations. This chapter provides for and regulates reasonable and limited occupations within dwelling units. (Code 1971, § 15.130.010)

24.125.020 Locations where allowed.

Home occupations as defined in Chapter 24.110 may be conducted in accordance with this chapter in any zone which contains residential dwelling units; provided, that the home occupation is incidental to the residential use of the dwelling unit and complies with all the provisions of Section 24.125.030. (Code 1971, § 15.130.020)

24.125.030 Standards.

Home occupations shall comply with all of the following provisions:

A. Except as provided in subsection J of this section, no pedestrian or vehicular traffic related to the home occupation is permitted beyond that normally generated by the residential uses prevalent in the vicinity in which the subject property is located;

B. No signs visible from the outside of the dwelling unit are allowed except for signs that are otherwise permitted in conjunction with the primary residential use;

C. No supplies or equipment used for, or in any way related to, the home occupation may be stored outside the dwelling unit;

D. No more than one vehicle used for, or in any way related to, the home occupation may be used or stored on the premises and any truck or van related to the home occupation shall have a maximum capacity of one ton;

E. No hazardous materials may be used for any activities related to the home occupation or stored on the premises for that purpose unless approved by the fire chief or their designee;

F. No activities related to the home occupation may be performed on the premises if such activities produce, or may produce, any external physical effects, including, but not limited to, noise, smoke, odors, vibrations, electromagnetic wave interference, line voltage fluctuation, or similar physical impacts;

G. No more than 500 gross square feet of the dwelling unit may be used in connection with the home occupation;

H. Deliveries of any supplies or equipment related to the home occupation may be made no more than once daily; provided, that such deliveries shall not interfere with traffic circulation;

I. All on-site required parking spaces shall be maintained; and

J. A maximum of one employee, not otherwise an occupant of the premises, may be employed as part of the home occupation. (Code 1971, § 15.130.030)

24.115.110 Chapter description.

This chapter establishes the use classification system. The provisions of this chapter shall apply throughout this zoning ordinance.

This chapter classifies uses within a limited number of “use types” on the basis of common functional, product, impact, compatibility, or other relevant characteristics, thereby providing a basis for orderly regulation of uses in accordance with the public health, safety, and general welfare. Use types may be, in a similar manner, grouped into various “use type categories.” For example, the use type category of “Family Residential” includes, among others, the use types of “Family Residential: Caretaker” and “Family Residential: Large Multifamily.”

The classification system set forth in this chapter is intended to further the purposes of this zoning ordinance as set forth in Section 24.105.030. Any determination made by the director pursuant to this chapter shall be carried out in accordance with the purposes of this zoning ordinance as set forth in Section 24.105.030. Any determination made by the director pursuant to this chapter may be appealed to the city council in accordance with the appeal procedures in Chapter 24.565. (Code 1971, § 15.115.010; Ord. No. 2021-017, § 6, 12-13-21)

24.115.120 Types of uses included.

Only principal uses are included within the use classification system. The term “use” as used in this chapter refers to a principal use unless otherwise indicated. The director may determine whether a use is a principal or incidental use.

All proposed new or continuing uses shall be classified under one of the use types set forth in this chapter. Descriptions of use types in this chapter often include typical uses classified within that use type. These typical uses are examples only and are not meant to include all uses that may properly be classified within the use type.

Temporary uses are regulated by Chapter 24.120 and home occupations conducted as incidental uses are regulated by Chapter 24.125. (Code 1971, § 15.115.020)

24.115.130 Classification of uses.

All proposed new or continuing uses shall be classified within one of the use types described in this chapter beginning with Section 24.115.210. Any proposed new or continuing use which cannot be classified within one of the given use types is not permitted by this zoning ordinance. The listing of use types in this chapter is intended to be exhaustive so that the creation of new use types shall require an amendment to this zoning ordinance pursuant to Chapter 24.540. New use types may not be created by the director or by any other administrative action. Classification of proposed new or continuing uses within given use types shall be carried out as follows:

A. Administrative List of Uses. An administrative list of common uses and the use types into which they are classified shall be developed and maintained by the director of community development. The director may revise or amend the administrative list from time to time. If a proposed use is classified within a designated use type on that administrative list, or is classified within an appropriate use type pursuant to subsection B or C of this section, such a proposed use may be allowed, subject to all applicable regulations and standards, in a particular zoning district if the zoning district regulations set forth in Chapters 24.200 through 24.290 indicate the designated use type is allowed in that particular zoning district.

B. Classification of Proposed Uses. If a proposed use is not included on the administrative list of common uses, then a director’s permit shall be required to classify the proposed use within an appropriate use type. Classification of such proposed uses shall be carried out pursuant to the provisions of this chapter and Chapter 24.505.

Such proposed uses may be classified by the director within one of the given use types based upon the description of the use types, or upon the similarity of the proposed use’s characteristics to the typical uses listed in this chapter or other uses already classified within the use type, subject to the applicable provisions of subsection C of this section with respect to multiple uses.

The director may determine that: (1) the proposed use can be properly classified within one of the use types set forth in this chapter and classify the proposed use accordingly; or (2) the proposed use cannot be appropriately classified under a given use type, in which case the proposed use is not permitted by this zoning ordinance. No director’s permit may be issued for such a nonpermitted use and no such proposed use may be initiated or maintained.

C. Classification of Multiple Principal Uses. When more than one principal use is being conducted, or is proposed to be conducted, at a single site, the director may determine, in accordance with subsection B of this section, whether each principal use conducted on that single site is appropriately classified within the same use type or shall be appropriately classified under different use types. If any of the proposed uses are not listed on the administrative list of common uses, the director shall determine whether any such proposed uses can be classified within a given use type pursuant to subsection B of this section. If the director determines that any such proposed use cannot be appropriately classified under a given use type, such a proposed use is not permitted by this zoning ordinance. No director’s permit may be issued for such a nonpermitted use and no such proposed use may be carried out.

D. Capitalization of Use Types. The names of individual use types are intended to be capitalized throughout this zoning ordinance. (Code 1971, § 15.115.020)

24.115.210 Description of residential use types.

Residential use types describe principal uses of sites that include dwelling units. (Code 1971, § 15.115.200)

24.115.220 Family Residential.

The use of dwelling units by one or more families. The following are use types within the Family Residential use type category:

A. Family Residential: Caretaker. The use of a site for one caretaker’s residence.

B. Family Residential: Large Multifamily. The use of a site for five or more dwelling units within one or more buildings.

C. Family Residential: Mobile Home. The use of a lot for no more than one dwelling unit, where such dwelling unit consists of one mobile home.

D. Family Residential: Single-Family. The use of a lot for no more than one dwelling unit, where such dwelling unit does not consist of a mobile home; provided, that the foregoing limitation of one dwelling unit per lot does not preclude accessory dwelling unit(s) pursuant to Chapter 24.430.

E. Family Residential: Small Multifamily. The use of a lot for three or four dwelling units within one or more buildings.

F. Family Residential: Two-Family. The use of a lot for two dwelling units, neither of which is a mobile home. (Code 1971, § 15.115.205; Ord. No. 2021-017, § 7, 12-13-21)

24.115.230 Farm Employee Housing.

The use of dwelling units for farm employee housing. (Code 1971, § 15.115.210)

24.115.240 Group Residential.

The use of a dwelling unit as a residence by a group or groups of persons, other than families, on a weekly or longer basis; provided, that nonmedical care, supervision, or medical assistance are not provided on the premises for such persons. Typical uses include boarding houses, collegiate Greek system residence houses, and convents. Uses classified under the “Group Care” use type are excluded from this definition of Group Residential. (Code 1971, § 15.115.215)

24.115.250 Mobile Home Parks.

The use of one site for two or more dwelling units that are defined as manufactured homes or mobile homes. (Code 1971, § 15.115.220)

24.115.260 Residential Care.

The use of a dwelling unit classified under the Family Residential use type for a Residential Care use as defined in Chapter 24.110. (Code 1971, § 15.115.225)

24.115.270 Residential Condominiums.

The use of a site for dwelling units defined as residential condominiums, including residential condominium conversion projects. (Code 1971, § 15.115.230)

24.115.280 Reserved.

Editor’s note(s): Section 8 of Ord. No. 2021-017 , adopted December 13, 2021, deleted Section 24.115.280, which pertained to residential second unit, and derived from the 1971 Code; and Ord. No. 2004-007, adopted April 19, 2004.

24.115.310 Description of general use types.

General use types consist of those institutional, commercial, and industrial use types described in Sections 24.115.320 through 24.115.3450. (Code 1971, § 15.115.300)

24.115.320 Administrative, Business, and Professional Services.

The Administrative, Business, and Professional Services use type consists of offices of firms or organizations which are primarily used for the provision of executive, management, administrative or financial services. It also refers to establishments primarily engaged in providing professional services to individuals or businesses, but excludes uses classified under the Medical Services use type. Typical uses include corporation headquarters and administrative offices, banks, savings and loans, law offices, real estate offices, public relations firms, advertising firms, insurance offices, travel agencies, and photography studios. (Code 1971, § 15.115.305)

24.115.330 Animal Sales and Services.

The Animal Sales and Services use type category consists of establishments primarily engaged in animal-related sales and services. The following are the three Animal Sales and Services use types:

A. Animal Sales and Services: Grooming and Pet Stores. Grooming or selling of animals. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops.

B. Animal Sales and Services: Veterinary. Veterinary facilities which may provide veterinary services for small animals, including facilities where small animals may sometimes be kept overnight for medical purposes only. Typical uses include pet clinics, dog and cat hospitals, animal hospitals for domestic animals and offices for veterinarians who provide off-site veterinary services.

C. Animal Boarding. Overnight boarding and care of domestic animals within an enclosed facility. Such boarding may also include uses listed in subsection A of this section. (Code 1971, § 15.115.310; Ord. No. 2010-016, § 5, 11-22-10)

24.115.340 Auction Sales.

The Auction Sales use type consists of the use of a site for the sale of goods or merchandise by auction three or more times per year, but excludes the sale of food products or animals. Typical uses include antique and art auction houses. (Code 1971, § 15.115.315)

24.115.350 Automotive and Accessories.

The Automotive and Accessories use type category consists of establishments primarily engaged in automotive or automotive accessories sales or services or activities related to such sales or services. The following are the 10 Automotive and Accessories use types:

A. Automotive and Accessories: Automotive Rentals. Rental from the premises of automobiles, vans, light trucks, trailers, and recreational vehicles. Typical uses include car rental agencies.

B. Automotive and Accessories: Automotive Repairs, Bodies. Repair of automotive and recreational vehicle bodies, or painting thereof, other than repair or painting conducted as an incidental use in conjunction with an Automotive Sales, Retail use type. Typical uses include an auto body and paint shop.

C. Automotive and Accessories: Automotive Repairs, Systems. Repair of automobiles and the sale, installation, and servicing of automobile equipment and parts, but excluding system repairs conducted as an incidental use in conjunction with an Automotive Sales, Retail use type and uses classified under the Equipment Rentals, Sales, or Services use type category. Typical uses include muffler shops, tire shops, automotive detailing, tune-up shops, automobile repair garages, vehicle stereo installation, and automobile glass shops.

D. Automotive and Accessories: Automotive Sales, Retail. Retail sale of automobiles, vans, light trucks, motorcycles, mopeds, recreational vehicles, and trailers together with incidental parts sales and maintenance, but excluding uses classified under the Equipment Rentals, Sales, or Services use type category. The Automotive Sales, Retail use type may also include the incidental repair of automotive systems and the incidental repair and painting of automotive bodies, but only if such incidental uses are conducted in conjunction with the operation of a retail dealership. Typical uses include automobile dealers and recreational vehicle dealers.

E. Automotive and Accessories: Automotive Sales, Wholesale. Wholesale distribution and related storage of automobiles, vans, light trucks, motorcycles, mopeds, recreational vehicles, and trailers together with incidental parts sales and maintenance, but excluding uses classified under the Equipment Rentals, Sales, or Services use type category. Typical uses include wholesale automobile distributors and wholesale recreational vehicle sales agencies.

F. Automotive and Accessories: Cleaning. Washing and polishing of automobiles. Typical uses include automatic car washes.

G. Automotive and Accessories: Gasoline Sales. Retail sale, from the premises, of vehicle fuel which may include the incidental sale of other petroleum products, tires, batteries, and replacement items, and the incidental provision of minor repairs, lubricating services, and automatic car washes. Typical uses include automobile service stations and filling stations and special oil change and lube shops.

H. Automotive and Accessories: Impound Yards. Storage of vehicles for up to six months when those vehicles have been brought to the site because they are awaiting repair or were illegally parked or abandoned.

I. Automotive and Accessories: Operable Vehicle Storage. Long-term storage of operable vehicles, recreational vehicles, or boat trailers, but excluding uses classified under other Automotive and Accessories use types and uses classified under the Equipment Rentals, Sales, or Services use type category. Typical uses include fleet storage lots and recreational vehicle storage lots.

J. Automotive and Accessories: Parking. Parking of operable vehicles, not owned by the owner of the premises, for less than 72 hours within an off-street parking area with or without a fee. Typical uses include public parking garages and commercial parking lots. (Code 1971, § 15.115.320; Ord. No. 2021-017, § 9, 12-13-21)

24.115.360 Billboards.

The Billboards use type generally consists of the installation and use of a “billboard” as defined in Chapter 24.110. (Code 1971, § 15.115.325)

24.115.370 Boating and Harbor Activities.

The Boating and Harbor Activities use type category consists of establishments primarily engaged in the provision of sales or services directly related to commercial or recreational uses of the ocean or other waterways. The following are the five Boating and Harbor Activities use types:

A. Boating and Harbor Activities: Boat Building or Repair. Construction, repair or repainting of pleasure or commercial boats.

B. Boating and Harbor Activities: Boat Sales and Services. Sale or repair of boats and their accessory equipment and the incidental repair or painting of boats; provided, that such incidental repair or painting is conducted in conjunction with the operation of a boat dealership. The Boating and Harbor Activities: Boat Sales and Services use type may include the incidental provision of anchorage and docking facilities not offered for rental to the public. Typical uses include boat sales stores and chandlers.

C. Boating and Harbor Activities: Boat Slips. Anchorage and docking facilities for pleasure boats. Typical uses include temporary slip rentals and live-aboards.

D. Boating and Harbor Activities: Commercial Boating and Fishing. Services for commercial boating and fishing, but excluding uses classified within the Food and Fish Processing: Fish and Meat Processing use type. Typical uses include commercial boat anchorages and docking facilities, boat repair facilities, retail fish sales, boat rental, boat charters or tours, and offices related to such uses.

E. Boating and Harbor Activities: Harbor Sales and Services. Sale of marine equipment or products, or other commercial uses related to the use and enjoyment of a harbor. Typical uses include dry boat storage, bait sales, fuel docks and yacht clubs. (Code 1971, § 15.115.330)

24.115.380 Business and Professional Support.

The Business and Professional Support use type consists of establishments primarily engaged in the sale or rental of office-related equipment or the provisions of services to offices of other businesses and organizations, rather than to individuals. Typical uses include office supply and office furniture stores, copying centers, and commercial postal services. (Code 1971, § 15.115.335)

24.115.390 Community Meeting.

The Community Meeting use type consists of group gatherings conducted indoors. Typical uses include synagogues, mosques, temples, churches, community centers, bingo halls, private clubs, social, philanthropic and charitable organizations, and lodges, but excludes day services facilities. (Code 1971, § 15.115.340; Ord. No. 2017-008, § 26, 4-17-17)

24.115.3100 Construction Sales and Services.

The Construction Sales and Services use type category consists of establishments primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale from the premises of materials used in the construction of buildings or other structures, but excludes those uses classified under the Automotive and Accessories use type category, the Equipment Rentals, Sales, or Services use type category, and retail sales of paint, fixtures, and hardware classified under the Retail Sales use type. The following are the three Construction Sales and Services use types:

A. Construction Sales and Services: Building Contractor Yards. Building construction activities and incidental storage of equipment and building supplies.

B. Construction Sales and Services: Building Supply Stores. Sale of building materials including the sale of precut lumber products.

C. Construction Sales and Services: Lumber Yards. Sale of building materials including the sale of lumber which is cut on the premises to the purchaser’s specifications. (Code 1971, § 15.115.345)

24.115.3110 Cultural and Library Services.

The Cultural and Library Services use type consists of museum-like preservation and exhibition of objects of interest in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books and manuscripts for study and reading. (Code 1971, § 15.115.350)

24.115.3120 Day Care Centers.

The Day Care Centers use type consists of day care centers as defined in Section 1596.76 of the Health and Safety Code where day care and supervision is provided for more than 14 children under 18 years of age for periods of less than 24 hours per day. (Code 1971, § 15.115.355; Ord. No. 2010-016, § 6, 11-22-10)

24.115.3130 Dining Establishments.

The Dining Establishments use type category consists of establishments primarily engaged in the preparation and sale of food and beverages, but excludes those uses classified under the drinking establishments and food and beverage retail sales use types. The following are the five Dining Establishments use types:

A. Dining Establishments: Ancillary Service. Sale of prepared food and beverages in a ready-to-eat state for on-site or off-site consumption as an ancillary service to a use classified under another use type. Typical uses include sandwich sales at a cookie or donut shop or at a convenience store or the sale of pastries and coffee at an antique store. The Ancillary Service use type is not a separate establishment from the establishment conducting the use it is incident to.

B. Dining Establishments: Fast Service Counter. Dining establishments that exhibit each of the following characteristics:

1. Food may be consumed on or off the premises.

2. Food is purchased at a walk-up window or counter.

3. Food is paid for prior to consumption.

4. Food is primarily served with disposable containers or wrappers.

This use type typically includes, without limitation, fast service hamburger, chicken, seafood, or taco restaurants but excludes uses classified under the Dining Establishments: Fast Service Drive-Up or Dining Establishments: Take Out use types. A restaurant shall not be considered to be a Dining Establishments: Fast Counter Service use type solely on the basis of incidental or occasional take-out sales.

C. Dining Establishments: Fast Service, Drive-Up. Fast Service Drive-Up restaurants are dining establishments serving ready-to-eat foods or beverages which include drive-up facilities.

D. Dining Establishments: Full Service. Dining establishments serving ready-to-eat food and beverages.

E. Dining Establishments: Take Out. Dining establishments, other than Fast Service Drive-Up use types, serving ready-to-eat food and beverages for consumption off site, and for which no dining area is provided for on-site consumption. (Code 1971, § 15.115.360; Ord. No. 2002-05, § 2, 3-18-02)

24.115.3140 Drinking Establishments.

The Drinking Establishments use type consists of establishments engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises. Typical uses include taverns, bars, brew-pubs, cocktail lounges, and similar uses other than those classified under the Dining Establishments use type. (Code 1971, § 15.115.365)

24.115.3150 Education Services.

The Education Services use type category consists of training or educational services provided by individuals or public or private institutions. The following are the two Education Services use types:

A. Education Services: Commercial. Provision of educational services with the primary purpose of preparing students for jobs in a trade or profession, or instructing students in a hobby or craft. Typical uses include training in business or vocational fields, music, hair styling, or martial arts; provided, that, any establishment offering aerobic dancing, or other dancing instruction, which also offers exercise machines, saunas, Jacuzzis, or other amenities, other than showers, typically associated with health and fitness clubs, is not included in this use type.

B. Education Services: General. Provision of educational services which meet state requirements for primary, secondary, or higher education. Typical uses include elementary schools, middle schools, senior high schools, colleges and special education facilities. (Code 1971, § 15.115.370)

24.115.3160 Equipment Rentals, Sales, or Services.

The Equipment Rentals, Sales, or Services use type category excludes uses classified under the Automotive and Accessories use type category. The following are the two Equipment Rentals, Sales, or Services use types:

A. Equipment Rentals, Sales, or Services: Heavy. Repair of equipment such as aircraft, boats, heavy trucks, and heavy construction equipment. Sale, rental, or servicing of trucks and heavy construction equipment. Typical uses include truck or construction equipment sales and towing services devoted primarily to towing of trucks, RVs or heavy equipment.

B. Equipment Rentals, Sales, or Services: Light. Rental from the premises of medium trucks, trailers, garden equipment, home repair equipment, and light construction equipment limited to two-wheel trailers. Typical uses include consumer equipment rental yards. (Code 1971, § 15.115.375)

24.115.3170 Farmers’ Market, Certified.

The Farmers’ Market, Certified use type consists of indoor or outdoor sales of fresh produce and other artisan prepared food goods typically in a multiple vendor format in a designated area where, on designated days and times, growers and producers may sell directly to the public from open, semi-open or within built facilities approved by the county agricultural commissioner under California Code of Regulations Title 3, Chapter 3, Article 6.5. (Code 1971, § 15.115.380; Ord. No. 2012-024, § 2, 12-17-12)

24.115.3175 Firearm and Ammunition Sales.

A. In determining whether a use is a Firearm and Ammunition Sales use, only conduct or activities which constitute a regular and substantial course of conduct shall be considered.

B. “Regular and substantial course of conduct” means:

1. Devoting more than 20 percent of the total display area to the display of firearms and/or ammunition; or

2. Deriving at least 50 percent of gross receipts from the sale, trade, display, or presentation of services and/or products pertaining to firearms and/or ammunition; or

3. Having 10 percent or more of its stock in trade consisting of firearms and/or ammunition.

C. “Firearm” shall mean any device, designed to be used as a weapon or modified to be used as a weapon that expels a projectile by the force of an explosion or other form of combustion.

D. “Ammunition” means any cartridge or encasement containing a bullet or projectile, propellant, or explosive charge, and a primer that is used in the operation of a firearm. (Ord. No. 2019-001, § 2, 3-18-19)

24.115.3180 Food and Beverage Retail Sales.

The Food and Beverage Retail Sales use type consists of establishments engaged in the retail sale of food and beverages primarily for off-site consumption. Typical uses include grocery stores, liquor stores, convenience stores, bakeries, donut shops, coffee and pastry shops, and ice cream shops, but excludes those uses classified under the Dining Establishments use type category or Drinking Establishment use type. (Code 1971, § 15.115.385)

24.115.3190 Food and Fish Processing.

The Food and Fish Processing use type category consists of establishments primarily engaged in the processing of agricultural or fish products to be used as food or for other uses. Uses such as slaughterhouses or the rendering or refining of fats or oils are not included in this use type. The following are the three Food and Fish Processing use types:

A. Food and Fish Processing: Fish and Meat Processing. Processing and associated storage of fish and meat products.

B. Food and Fish Processing: Fish Receiving. Fish receiving activities including hoisting, freezing, storing, packaging, and on-site sales. This use type excludes cooking or canning of fish but includes cleaning of fish delivered directly by fishing boats.

C. Food and Fish Processing: Food Processing. Processing and associated storage of agricultural products excluding the processing of fish and meat products. (Code 1971, § 15.115.390)

24.115.3200 Funeral and Interment Services.

The Funeral and Interment Services use type consists of establishments primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. (Code 1971, § 15.115.395)

24.115.3210 General Industrial.

The General Industrial use type consists of industrial plants primarily engaged in manufacturing, compounding, processing, assembling, packaging, treatment, or fabrication of materials and products, primarily from extracted or raw or recycled materials. Uses in this use type generally are characterized by, among other things, truck or rail traffic, or outdoor storage of products, materials, equipment or fuel. Typical uses include battery manufacturing, welding, water softening plants, plating, ready-mix concrete plants, trucking terminals, and distribution facilities for commercial package services. (Code 1971, § 15.115.400)

24.115.3220 Government Services.

The Government Services use type consists of the provision of municipal, administrative or legislative services by a governmental entity. Typical uses include city or county administration buildings. (Code 1971, § 15.115.405)

24.115.3230 Group Care.

The Group Care use type consists of the provision of services defined as “group care” in Chapter 24.110. (Code 1971, § 15.115.410)

24.115.3240 Hazardous Waste Facility.

The Hazardous Waste Facility use type generally consists of facilities as defined in Chapter 24.110. (Code 1971, § 15.115.412)

24.115.3250 Helicopter Landing Services.

The Helicopter Landing Services use type consists of use of a site, or portion of a site, to provide a heliport or helipad. (Code 1971, § 15.115.415)

24.115.3260 Laundry Services.

The Laundry Services use type consists of establishments primarily engaged in the provision of laundering, dry cleaning or fabric dyeing services. The Laundry Services use type differs from the Personal Services use type described in this chapter in that it usually involves pick-up and delivery services. Typical uses include laundries, diaper services, and linen supply services. (Code 1971, § 15.115.420)

24.115.3270 Light Industrial.

The Light Industrial use type consists of the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products and incidental storage and distribution of such products or parts, but excluding basic industrial processing classified under the General Industrial use type. Typical uses include apparel manufacturing, machine shops, and furniture manufacturing. (Code 1971, § 15.115.425)

24.115.3280 Lodging Services.

The Lodging Services use type category consists of establishments primarily engaged in the provision of commercial lodging to the general public, but excludes uses classified under Group Residential. The following are the two Lodging Services use types:

A. Lodging Services: Bed and Breakfast Inns. Temporary lodging provided by establishments which offer three to five individual rooms or suites in a single-family dwelling unit for temporary rental to members of the public, and which may include incidental food, drink, and services intended for the convenience of guests.

B. Lodging Services: Hotels and Motels. Temporary lodging provided by establishments which offer two or more housekeeping units or six or more rooms or suites for temporary rental to members of the public and which may include incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels, motels, and timeshare facilities. (Code 1971, § 15.115.430)

24.115.3290 Medical Services.

The Medical Services use type category consists of medical, psychiatric, surgical, dental or other health-related services. The following are the three Medical Services use types:

A. Medical Services: Consulting. Medical, dental, psychiatric or other therapeutic services offered in individual offices or suites, which may include laboratories incidental to the practitioner’s consulting or therapeutic work.

B. Medical Services: Medical Care. Services defined as “medical care” in Chapter 24.110.

C. Medical Services: Mobile Equipment. Mobile medical equipment which is contained within a conveyance to enable it to be moved from site to site. Typical uses include a mobile scanner. (Code 1971, § 15.115.435)

24.115.3300 Nursery Sales.

The Nursery Sales use type consists of establishments primarily engaged in the retail sales of cut or potted plants, fertilizer, lawn furniture, plant pots, or other items typically used in gardening, landscaping, or cultivation of flowering plants. The Nursery Sales use type may also include the incidental growing of flowers or plants, other than crops, in an enclosed building, but excludes retail florist shops that do not sell gardening and cultivation-related supplies in addition to flowers. Typical uses include a nursery or garden center. (Code 1971, § 15.115.440)

24.115.3310 Oil Equipment Services.

The Oil Equipment Services use type category consists of establishments primarily engaged in the sale, servicing or maintenance of oil well testing and service equipment. The following are the two Oil Equipment Services use types:

A. Oil Equipment Services: Heavy. Sales and services of heavy, industrial-scale equipment which is typically done in an industrial area.

B. Oil Equipment Services: Light. Sales and services of light, easily transportable equipment which is typically done in a commercial area. (Code 1971, § 15.115.445)

24.115.3320 Personal Services.

The Personal Services use type consists of establishments primarily engaged in the provision of services for the enhancement of personal appearance, cleaning, alteration or reconditioning of garments and accessories, and similar non-business-related or nonprofessional services. Typical uses include reducing salons, tanning salons, barber shops, tailors, shoe repair shops, self-service laundries, and dry cleaning shops, but exclude uses classified under the Administrative, Business, and Professional Services use type, Education Services use type category, or the Laundry Services use type. (Code 1971, § 15.115.450)

24.115.3325 Personal Services: Restricted.

The Personal Services: Restricted use type consists of establishments that due to their nature may have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to mitigate their adverse impact. Examples of this use type include tattoo and body piercing services. (Ord. No. 2011-005, § 2, 5-2-11)

24.115.3330 Personal Storage.

The Personal Storage use type consists of establishments providing storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excludes any sales or services or business other than storage uses such as workshops, hobby shops, manufacturing, or commercial activity. Typical uses include mini-warehouses. (Code 1971, § 15.115.455)

24.115.3340 Property Maintenance Services.

The Property Maintenance Services use type consists of establishments primarily engaged in the provision of property maintenance and custodial services. Typical uses include janitorial, landscape maintenance, private security services, insect or pest control services, and window cleaning services. (Code 1971, § 15.115.460)

24.115.3350 Recreation Services.

The Recreation Services use type category consists of establishments providing sports, entertainment or recreation for participants or spectators. The following are the seven Recreation Services use types:

A. Recreation Services: Amusement Centers. Establishments, other than establishments classified under the Dining Establishment use type category or Drinking Establishment use type, in which five or more arcade games are available for public use.

B. Recreation Services: Campgrounds. Establishments consisting of two or more campsites on a single premises which provide a location for tents or recreational vehicles used by the general public as temporary living areas for recreational purposes.

C. Recreation Services: Indoor Entertainment. Establishments offering live or recorded events or performances, or other activities intended for spectators that are conducted within an enclosed building. Typical uses include motion picture theaters, music performance halls, off-track betting facilities which provide viewing of sporting events, and sports arenas but do not include uses classified under the Community Meeting use type.

D. Recreation Services: Indoor Sports and Recreation. Establishments offering predominantly participant sports conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, pool halls, indoor ice or roller skating rinks, indoor racquetball courts, indoor batting cages, and health or fitness clubs.

E. Recreation Services: Outdoor Entertainment. Establishments offering activities intended for spectators that are conducted in open or partially enclosed or screened facilities. Typical uses include sports stadiums, athletic fields, racing facilities, and fairgrounds.

F. Recreation Services: Outdoor Sports and Recreation. Establishments offering predominantly participant sports or other activities conducted in open or partially enclosed or screened recreational activities facilities. Typical uses include driving ranges, miniature golf courses, golf courses, amusement parks, swimming pools, and tennis courts.

G. Recreation Services: Public Parks and Playgrounds. Publicly owned and operated parks, playgrounds, and open space. (Code 1971, § 15.115.465)

24.115.3360 Recycling Services.

The Recycling Services use type category consists of uses primarily involving the collection, processing, or transfer of used or waste materials, other than hazardous waste or other hazardous materials. The following are the three Recycling Services use types:

A. Recycling Services: Consumer Recycling Collection Points. Bins, containers, or other stationary facilities for consumer drop off and collection, with or without remuneration, of used newspapers, glass, plastic, or aluminum.

B. Recycling Services: Recycling Transfer. Stationary facilities for the collection, processing and transfer of recyclable materials, including paper, cardboard, glass, plastic, and aluminum.

C. Recycling Services: Scrap Operations. Storage, dismantling, sale, or recycling of inoperable vehicles, inoperable equipment, scrap metal products, tires, batteries, or other scrap products. Typical uses include junk yards. (Code 1971, § 15.115.470)

24.115.3370 Repair Services.

The Repair Services use type consists of establishments primarily engaged in the repair of appliances and other household items and equipment but excludes uses classified under the Automotive and Accessories use type category, Equipment Rentals, Sales, or Services use type category, and the Personal Services use type. Typical uses include appliance repair shops and musical instrument repair shops. (Code 1971, § 15.115.475)

24.115.3380 Research or Laboratory Services.

The Research or Laboratory Services use type consists of establishments primarily engaged in research of an industrial, technical or scientific nature or the processing of material in a laboratory, but excludes manufacturing uses. Typical uses include electronics research firms, pharmaceutical research laboratories, radiological labs, and biotechnical labs. (Code 1971, § 15.115.480)

24.115.3390 Retail Sales.

The Retail Sales use type consists of establishments primarily engaged in the sale of goods and merchandise, but excludes those uses classified under the Animal Sales and Services use type category, Automotive and Accessories use type category, Business and Professional Support use type, Construction Sales and Services use type category, and Food and Beverage Retail Sales use type. Typical uses include department stores, apparel stores, furniture stores, florists, pawn shops, and hardware stores. (Code 1971, § 15.115.485)

24.115.3400 Safety Services.

The Safety Services use type consists of safety, protection or emergency medical transportation services, but excludes uses classified under the Government Services use type. Typical uses include ambulance services and municipal police and fire protection, but do not include private security firms. (Code 1971, § 15.115.490)

24.115.3410 Shopping Centers.

The Shopping Centers use type category consists of unified commercial development defined as shopping centers in Chapter 24.110. The following are the two Shopping Centers use types:

A. Shopping Centers: Large. Shopping centers with a total area of five acres or more.

B. Shopping Centers: Small. Shopping centers with a total area of at least one acre but less than five acres. (Code 1971, § 15.115.495)

24.115.3415 Supportive Housing.

The Supportive Housing use type consists of a Family Residential use with no limit on length of stay, that is occupied by the target population, and that is 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, when possible, work in the community. Typical uses include housing for victims of domestic violence and the disabled. (Ord. No. 2011-010, § 4, 8-1-11)

24.115.3420 Swap Meets.

The Swap Meets use type consists of the use of a site, or a portion of a site, for conducting swap meets, as defined in Chapter 24.110, more frequently than allowed by Chapter 24.120. Typical uses include swap meets and flea markets. (Code 1971, § 15.115.500)

24.115.3425 Thrift Stores.

Any retail establishment primarily selling used goods that are donated or acquired for less than reasonable wholesale value of the goods. (Ord. No. 2010-006, § 2, 4-26-10)

24.115.3425.1 Transitional Housing.

The Transitional Housing use type consists of a family residential use 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. Typical uses include housing for persons in transition from homelessness to permanent housing. (Ord. No. 2011-010, § 5, 8-1-11)

24.115.3430 Transportation Services.

The Transportation Services use type consists of establishments primarily engaged in the provision of transportation of persons and goods. Typical uses include stations, depots, yards, dispatch centers or other facilities for bus services, train services or taxi services but exclude trucking terminals or moving and storage firms. (Code 1971, § 15.115.505)

24.115.3440 Utility or Equipment Substations.

The Utility or Equipment Substations use type consists of utility maintenance, relay or distribution points or installations or similar facilities and excludes wireless telecommunications facilities as defined in Section 24.115.3460. Typical uses of Utility or Equipment Substations include electrical substations, natural gas pumping stations, transmitters, or translators, and utility relay or monitoring facilities. (Code 1971, § 15.115.510; Ord. No. 2000-04, § 2, 1-24-00)

24.115.3450 Wholesaling and Distribution.

The Wholesaling and Distribution use type consists of establishments primarily engaged in wholesaling, storage, moving or bulk distribution of goods other than live animals. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms. (Code 1971, § 15.115.515)

24.115.3460 Wireless Telecommunication Facilities.

Unmanned facilities that transmit and/or receive electromagnetic signals for the purpose of providing telecommunication service. Wireless Telecommunication Facilities (WTF) include, without limitation, building or ground-mounted directional (panel), omni-directional (whip), vertical, parabolic (satellite dish), and portable antennas, microwave dishes/antennas and related accessory structures for the transmission and receipt of signals. Such facilities may include but are not limited to, facilities for the transmission and reception of cellular, enhanced specialized mobile radio, personal communication system, paging, email, and other data transmission.

Wireless Telecommunication Facilities (WTF) do not include facilities staffed with on-site personnel (other than occasional maintenance and installation personnel), vehicle or other outdoor storage yards, office or broadcast studios, ham radio antennas, or TVROs (television receive only), or other uses defined in Section 24.115.3440 (Utility or equipment substations use classification). Wireless Telecommunications Facilities are divided into three use types:

A. Wireless Telecommunication Facilities: Mini. Any wireless telecommunications facilities directly affixed to a primary building or structure; provided, that all components of the facility are designed in a manner to be architecturally consistent with the building or structure and meet all zoning ordinance requirements for the underlying zone. Examples of Wireless Telecommunications Facilities: Mini include, without limitation, wireless telecommunications facilities concealed within existing structures such as attics, cupolas, steeples, stanchions, bell towers, or similar structures, mounted to the penthouse of a building to appear as part of the architecture.

B. Wireless Telecommunication Facilities: Minor. Freestanding wireless telecommunications facilities designed to blend into the surrounding natural or human-made environment in order to minimize the overall visual impact, such designs would include flag, telephone or light poles, palm trees, windmills, or rock formations and other similar items. Wireless Telecommunications Facilities: Minor may further include, without limitation, wireless telecommunications facilities proposed to co-locate on another freestanding existing Wireless Telecommunications Facility: Major.

C. Wireless Telecommunication Facilities: Major. Wireless telecommunications facilities which do not meet the definition of mini or minor wireless telecommunications facilities, including, without limitation, a structure-mounted wireless telecommunications facilities or freestanding monopoles or towers constructed to support wireless telecommunications facilities and accessory facilities that are not designed to blend with the structure to which they are attached or camouflaged with the surrounding environment. “Accessory facilities,” for the purpose of this definition, includes a building or shelter to house cabinets, utilities, back-up generators or batteries; and other related appurtenances such as: guy wires; security lighting and/or FAA required lighting; screening materials such as landscaping and decorative walls; and access roads or driveways. Any wireless telecommunications facility that does not meet the definition of either a Wireless Telecommunications Facility: Mini or Minor, as set forth in subsections A and B of this section, shall be considered a Wireless Telecommunications Facility: Major. (Ord. No. 2000-04, § 3, 1-24-00)

24.115.410 Description of agricultural use types.

Agricultural use types include the commercial on-site cultivation of fruits, vegetables or other plants and the commercial raising of animals. (Code 1971, § 15.115.600)

24.115.420 Animal Husbandry.

The Animal Husbandry use type consists of the raising of livestock or domestic animals for commercial purposes, but does not include feedlots. Typical uses include grazing, ranching, agricultural and dairy farming. (Code 1971, § 15.115.605)

24.115.430 Apiculture.

The Apiculture use type consists of raising of bees for the purposes of honey extraction or for pollination in conjunction with agricultural or horticultural purposes. (Code 1971, § 15.115.610)

24.115.440 Crop Production.

The Crop Production use type consists of the growing and harvesting of tree crops, row crops or field crops on a commercial basis. The Crop Production use type includes temporary storage of crops grown on the premises, but excludes uses classified under the Food and Fish Processing use type category or the Indoor Production use type. (Code 1971, § 15.115.615)

24.115.450 Horticulture.

The Horticulture use type category consists of the use of a site, or a portion of a site, for the cultivation or storage, for commercial purposes, of horticultural and floricultural specialties such as flowers, shrubs or trees intended for ornamental or landscaping purposes, but excludes uses classified under the Food and Fish Processing use type category or the Indoor Production use type. The following are the two Horticulture use types:

A. Horticulture: Cultivation. Cultivation of plants for off-site wholesale or off-site retail sales.

B. Horticulture: Storage. Storage of plants, other than plants grown on the premises, primarily in containers, for off-site wholesale or off-site retail sale. (Code 1971, § 15.115.620)

24.115.460 Indoor Production.

The Indoor Production use type consists of the commercial production of fruits, vegetables or other crops within an enclosed building. Typical uses include growing crops, flowers or plants in commercial greenhouses and producing mushrooms. (Code 1971, § 15.115.625)

24.115.470 Produce Sales.

The Produce Sales use type consists of on-site sale of fruits, vegetables or other crops. “On-site sale,” for purposes of this use type classification, means sale of fruits, vegetables or other crops on a site on which a Crop Production or Indoor Production use type is conducted. Typical uses include fruit and vegetable stands. (Code 1971, § 15.115.630)