5.- DEFINITIONS
"Abut" shall mean adjoining at or along a common lot line, or corner except where such common lot line is located in a public street right-of-way.
"Accessory Building" shall mean a subordinate building, located on a building site, the use of which is incidental to the main building or the use of the land on the same building site.
"Accessory Use" shall mean a use customarily incident and accessory to the principal use of the land or building site or to a building or other structure located on the same building site as the accessory use.
"Activity" shall mean a business establishment with direct access to a parking lot or public right-of-way and under separate management from any other business establishment within the same building.
"Actual Construction" shall mean the actual placing of construction materials in their permanent position fastened in a permanent manner; except that where a basement is being excavated, such excavation shall be deemed to be actual construction or where demolishing or removal of an existing building or structure has been started preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing, in all cases that actual construction work be diligently carried on until the completion of the building or structure involved.
"Administrative Office" shall mean a place of business for the rendering of service or general administration, but excluding retail sales.
"Advertise" or "Advertisement" means any written or oral publication, dissemination, solicitation or circulation which is intended to directly or indirectly induce any person to enter into an agreement for the rental of a single-family in violation of this section or the applicable provisions of the City of Villa Park Municipal Code. This definition includes, but is not limited to mailings, print advertisements, Internet listings, e-mail publications or other oral, printed or electronic means.
"Alley" shall mean a public or private way not more than twenty (20) feet wide permanently reserved as a secondary means of access to abutting property.
"Alteration" shall mean any change of copy, color, size, shape, illumination, position, location, construction, or supporting structure.
"Ambient Noise Level" shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
"Animal Clinic" shall mean a place where animals no larger than the largest breed of dogs are given medical or surgical treatment. A facility primarily for treatment of out-patients and where only short-time critical patients are kept longer than twenty-four (24) hours. No boarding of animals shall be permitted.
"Antenna" shall mean a system of wires, poles, booms, elements, rods, reflecting discs, ground plane radials, and similar devices capable of being used for the transmission and/or reception of electromagnetic waves.
"Attached" shall mean the physical sharing of a common wall between two (2) enclosed, habitable structures.
"AUMA" shall mean the Adult Use of Marijuana Act approved as Proposition 64 by the voters of the State of California on November 8, 2016.
"Automobile Service Station" shall mean a retail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods which are required to in the day-to-day operation of automotive vehicles and the fulfilling of motorist needs.
"Balcony Facia" shall mean area below second floor and above door height of ground floor on the front of a two-story building.
"Basement" shall mean a story partly underground and having more than half of its height above the ground level grade.
"Boarding House" or "Rooming House" shall mean a building used to provide lodging for compensation, either with or without meals.
"Borrow Site" shall mean an area used for the extraction of material in an amount in excess of five thousand (5,000) cubic yards.
"Boutique" shall mean an accessory use within a dwelling unit for the sale of handmade crafts and wares on a temporary basis.
"Breezeway" shall mean an open walkway between two (2) otherwise detached structures, not exceeding twelve (12) feet at the ridgeline and fifteen (15) feet in length in which a primary residential structure is connected to a detached garage or garage/workshop.
"Building" shall mean a permanent or portable structure having either an open lattice roof or fully covered roof supported by columns or walls.
"Building Area" shall mean the total floor area of a building measured to the exterior face of the perimeter walls. Total building area shall include all buildings on the site and shall include, but not be limited to: Principal and accessory-use structures, garages, carports, guest houses, pool houses, and storage buildings. Courtyards which are enclosed on all sides shall be calculated as building area for each story by which they are enclosed on all sides. Building areas which exceed the allowable height limit for one-story buildings shall be calculated as an additional story of floor area.
"Building Height" shall mean the vertical distance measured from the average existing grade, previously approved grade, or from the averaged level of the finished ground surface within four (4) feet adjacent to the subject building, to the highest point of the building, whichever is most restrictive. Exception: This requirement shall not be construed to restrict the height of chimneys which are constructed to comply with the minimum requirements of the Uniform Building Code.
Exception: This requirement shall not be construed to restrict the height of chimneys which are constructed to comply with the minimum requirements of the Uniform Building Code.
"Building Line" shall mean an imaginary line on a building site specifying the closest point from an ultimate right-of-way line or a property line where a main building may be located. It may be a line shown as such on a map entitled "Precise Plan of Highway Alignment" or any other officially adopted precise plan, and any amendments thereto. If not such precise plan has been adopted, the building line shall be a line as specified in general requirements of section 23-6.7. The building line shall be at the required distance from, and the measured at right angles to, the ultimate right-of-way line or property line.
"Building Official" shall mean the Building Official of the City of Villa Park.
"Building Site" shall mean a legally created parcel, or contiguous parcels of land in single or joint ownership; which provides the area and the open spaces required by this Chapter, exclusive of all rights-of-way and all easements that prohibit the surface use of the property; which abuts a street or waterway; and which has a minimum of twenty (20) continuous feet of vehicular and pedestrian access to a street or alley having a right-of-way width of not less than twenty (20) feet.
"Building Site Area" shall mean the area computed by deducting from the gross site area any ultimate street rights-of-way together with all rights-of-way and all easements that prohibit the surface use of the site in question.
"Building Site Coverage" shall mean the relationship between the gross building areas of the building or buildings, including the area of courtyards enclosed on all sides, and the net area of the site. Said net site area shall be computed by deducting from the gross site area any ultimate street rights-of-way together with all rights-of-way and all easements for vehicular use that prohibit the surface use of the site in question. Site coverage shall be determined by the greater perimeter of all stories in a building. Swimming pools and lattice patio covers which are at least fifty (50) percent open, do not exceed twelve (12) feet in height, and are open on all sides except where attached to the main structure, shall not constitute buildings for the purpose of this definition.
"Building Site, Panhandle or Flag" shall mean a building site with access to a street by means of a corridor or accessway which is not less than twenty (20) feet nor more than forty (40) feet in width.
"Building Site, Through" shall mean a building site having frontage on two (2) parallel or approximately parallel streets.
"Business" or "Commerce" shall mean the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood; the ownership or management of office buildings; maintenance and use of offices by professions and trades rendering services.
"Cannabis" shall mean all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" further includes any edible or consumable product infused with any part of the above-referenced cannabis plants. "Cannabis" also means "marijuana" as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. The term "Cannabis" shall also have the same meaning as set forth in Business and Professions Code § 19300.5(f), as may be amended from time to time.
"Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in Health and Safety Code § 11362.7, as may be amended from time to time.
"Carport" shall mean a fully roofed building or a portion of a building, open on two (2) or more sides primarily for the parking of automobiles belonging to the occupants of the property.
"Cellar" shall mean a portion of a building partly or wholly underground and having more than one-half of its height below the ground level grade. A cellar shall not be considered a story.
"Centerline" shall mean a line as described in the first situation that applies in the following instances:
a.
A section line, half section line, or quarter section line whenever a mapped highway is platted on the "Master Plan of Arterial Highways" along a section, half section, or quarter section line.
b.
A line shown as a centerline on a map entitled "Precise Plan of Highway Alignment," and any amendments thereto.
c.
A line shown as a centerline on a recorded tract map, an approved record of survey map, or a parcel map.
d.
A line in the center of the ultimate street right-of-way.
"City" shall mean the City of Villa Park.
"City Attorney" shall mean the City Attorney of the City of Villa Park.
"City Engineer" shall mean the City Engineer of the City of Villa Park.
"City Manager" shall mean the City Manager of the City of Villa Park.
"Clinic, Medical" shall mean an organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations.
"Club" shall mean an association of persons for some common purpose but not including groups organized primarily to render service which is customarily carried on as a business.
"Commercial" shall mean operated or carried on primarily for financial gain.
"Commercial Cannabis Activity" shall have the same meaning as set forth in Business and Professions Code § 19300.5(j), as may be amended from time to time, or any activity pertaining to medical or recreational marijuana.
"Commercial Coach" shall mean a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.
"Commercial District" shall mean the inclusion of the CN-AC District.
"Commercial Recreation" shall mean any use or development either public or private, providing amusement, pleasure, or sport; which is operated or carried on primarily for financial gain.
"Communication Equipment Building" shall mean a building housing operating mechanical or electronic switching, and microwave receiving equipment of a telephone or similar communication system and personnel necessary for operation of such equipment.
"Community Facility" shall mean a noncommercial use established primarily for the benefit and enjoyment of the population of the community in which it is located.
"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential or commercial building on such real property such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.
"Cooperative" shall mean two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available marijuana, with or without cultivation.
"Council" shall mean the City Council of the City of Villa Park.
"County" shall mean the County of Orange.
"County Recorder" shall mean the County Recorder of the County of Orange.
"Court Surface" shall mean the area of a lot established for recreational court purposes. The court surface may or may not be paved, or marked by permanent boundaries.
"Cultivation" or "Cultivate" shall have the same meaning as set forth in Business and Professions Code § 19300.5(k), as may be amended from time to time.
"Cut off" shall mean a light source is cut off at the point where neither the light source nor its image from a reflecting fixture is directly visible.
"Cumulative Period" shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.
"Decibel (dB)" shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base 10 of this ratio.
"Delivery" shall have the same meaning as set forth in Business and Professions Code § 19300.5(m), as may be amended from time to time.
"Density" shall mean the total number of dwelling units permitted on an acre of land exclusive of all existing public streets and rights-of-way.
"Detached" shall mean the physical separation of six (6) feet or greater between structures and eighteen (18) inches or greater between minor structures. Where there are wall openings (windows and/or doors) on adjacent walls of two (2) structures used for residential occupancy on the same lot, such structures shall be separated by a distance of not less then ten (10) feet.
"Detached Patio" shall mean a patio structure that is physically separated by a minimum of two (2) inches or greater between structures.
"Directory" shall mean a sign identifying the name and location of tenants of a single building.
"Dispensary" shall have the same meaning set forth in Business and Professions Code § 19300.5(n), as may be amended from time to time. For purposes of this Chapter, Dispensary shall also include a cooperative. Dispensary shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.
"Driveway" shall mean a vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.
"Dwelling, Multiple-Family" shall mean a permanent building containing two (2) or more dwelling units.
"Dwelling, Single-Family" shall mean a permanent building containing one (1) dwelling unit.
"Dwelling Unit" shall mean one (1) or more rooms and a single kitchen, designed for occupancy by one (1) family for living and sleeping purposes.
"Easement" shall mean a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over said land.
"Educational Institution" shall mean private or public schools, colleges or universities qualified by the State Board of Education to give general academic instruction.
"Electric Distribution Substation—Local" shall mean an assemblage of equipment which is part of a system for the distribution of electric power which electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general local customer use.
"Electric Transmission Substation" shall mean an assemblage of equipment which receives, transforms and distributes electric energy where electric energy is received at very high voltage and transformed to lower subtransmission voltage for distribution to large individual consumers, other power-producing agencies or local electric distribution substations.
"Exterior Property Line" shall mean a property line abutting a public or private street.
"Family" shall mean an individual or two (2) or more persons living together as a single housekeeping unit in a single dwelling unit.
"Fence" shall mean any type of fence, walls used as fences, screens, hedges and thick growths of shrubs or trees but does not include windbreaks for the protection of orchards or crops.
"Floor Area, Gross" shall mean the total horizontal area, in square feet, including the exterior walls of all floors of a structure.
"Floor Area Ratio" shall mean the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.
"Front Yard Area" shall mean the area from the front property line to the primary residence, to include the required front yard setback.
"Garage, Private" shall mean a building, or a portion of a building, used primarily for the parking of automobiles belonging to the occupants of the property. All private garages shall be accessible and usable for the purpose for which built.
"General Plan" shall mean the General Plan of the City of Villa Park and shall consist of the General Plan Map and Report adopted by the City Council.
"Grade, Ground Level" shall mean the average level of the finished ground surface within four (4) feet adjacent to the subject building.
"Grade, Natural" shall mean the natural grade prior to excavation unless superceded by an approved tract map.
"Guest House" shall mean a detached building not exceeding twelve hundred (1,200) gross square feet of floor space having no kitchen facilities, which is used primarily for sleeping purposes for members of the family occupying the main dwelling and their nonpaying guests.
"Habitable Room" shall mean any room meeting the requirements of the Uniform Building Code, as adopted by the County of Orange, for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces.
"Home Occupation" shall mean an occupation conducted as an accessory use within a dwelling unit.
"Junk" shall mean any worn-out, cast-off or discarded article or material.
"Kennel" shall mean any property where four (4) or more dogs or four (4) or more cats over the age of four (4) months are kept or maintained for any purpose except for veterinary clinics and hospitals.
"Key Lot" shall mean any lot where the side property line abuts the rear property line of one (1) or more lots and where said lots are not separated by an alley or any other public way.
"Lot" shall mean any numbered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land or parcel map, or any parcel shown on the County Assessor's book as being a separate parcel.
"Lot, Corner" shall mean a lot located at the intersection or interception of two (2) or more streets at an angle of not more than
one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "Interior Lot".
"Lot Line" shall mean any line bounding a lot as herein defined.
"Lot Line, Exterior" shall mean a lot line abutting a public or private street.
"Lot Line, Front" shall mean on an interior lot, the front lot line is as established for the main building.
"Lot Line, Interior" shall mean a lot line not abutting a street.
"Lot Line, Rear" shall mean a lot line which is not a front or side lot line.
"Lot Line, Side" shall mean any lot line which intersects a front lot line and does not have an angle point within the line that is less than one hundred fifty (150) degrees. In no event shall a side lot line have more than one (1) angle point.
"Lot, Panhandle or Flag" shall mean a lot with access to a street by means of a corridor or accessway which is not less than twenty (20) feet nor more than forty (40) feet in width.
"Lot, Reverse Corner" shall mean a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.
"Lot, Through" shall mean a lot having frontage on two (2) dedicated parallel or approximately parallel streets.
"Lot Width" shall mean the average 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.
"Mast" shall mean any structure or device with a circumference less than five (5) inches which is affixed to the ground, or attached to a building and is used to support an antenna.
"Master Plan of Arterial Highways" shall mean an element of Villa Park's General Plan designating adopted and proposed routes for all commuter, secondary, primary, and major highways within the City.
"Master Plan of Drainage" shall mean an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City and duly adopted by the City Council.
"Medical Cannabis" shall have the same meaning as set forth in Business and Professions Code § 19300.5(af), as may be amended from time to time.
"Medical Marijuana Regulation and Safety Act" or "MMRSA" shall mean and refer to the following three bills signed into law on October 9, 2015 as the same may be amended from time to time: AB 243, AB 246, SB 643.
"Minor Structures and Mechanical Equipment" shall mean trash enclosures, storage sheds or playhouses less than one hundred twenty (120) square feet, doghouses, play equipment, fountains, enclosed water heaters, barbecues, garden walls, air conditioners, pool filters, vents and other similar structures and mechanical equipment greater than six (6) inches in height.
"Natural Grade" shall be defined as the elevation of the grade prior to any proposed changes or construction. It may either be the contours of undisturbed soil or the contours established by an approved tract map and/or grading plan.
"Noncommercial" shall mean an enterprise or activity which is not normally conducted for profit or gain and which is of a type not normally conducted for profit or gain.
"Nonconforming Exterior Lighting" shall mean exterior lighting for recreational courts installed prior to April 20, 1975, and which is in conflict with Article 23-18 of the zoning chapter.
"Nonconforming Sign" shall mean a sign which was validly installed under laws or ordinances in effect prior to the effective date of this Chapter or subsequent revisions, but which is in conflict with the provisions of this Chapter.
"Nonconforming Structure" shall mean a lawfully established building or structure that does not conform to the regulations of this Code, or is designed for a use that does not conform to the regulations of this Code, for the district in which it is located, either at the effective date of this Code or as the result of subsequent amendments to this Code.
"Nonconforming Use" shall mean the lawfully established use of a building, structure or land that does not conform to the use regulations of this Code for the district in which it is located, either at the effective date of this Code or as the result of subsequent amendments to this Code.
"Parking Area, Private" shall mean an area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use.
"Parking Area, Public" shall mean an area, or other than a private parking area or street, used for the parking of vehicles and available for general public use, either free or for remuneration.
"Parking Area, Restricted" shall mean an area used for parking vehicles on a semipermanent basis and not available to the general public for hourly or day-to-day parking.
"Planning Director" shall mean the City Manager of the City of Villa Park.
"Precise Plan of Highway Alignment" shall mean a plan, supplementary to the Master Plan of Arterial Highways, which establishes the highway center line, the ultimate right-of-way lines, and may establish building setback lines.
"Preliminary Landscaping Plan" shall mean a plan indicating the approximate location, size, type of plant materials and ground cover to be located in the yards and other open areas of a property development.
"Preliminary Plan for the Control and Disposal of All Waters Flowing Into, Across or From a Development" shall mean a plan which includes, but is not limited to the following:
a.
The location of any existing watercourses, channels, storm drains, culverts, or other drainage facilities affecting the property.
b.
The location of any proposed drainage facilities and any proposed drainage easements affecting the property.
c.
The drainage area tributary to the property and a statement setting forth in detail but not quantitatively the manner in which waters will enter the property, the manner in which they will be carried through the property, and the manner in which proper disposal beyond the boundary of the property will be assured.
"Premises" shall mean a lot or a building site, or a specified portion of a lot or building site, that contains the structures and the open spaces needed for the location, maintenance, and operation of the use of the property.
"Professional Office" shall mean a place of business for any of the following only: accountants, architects, attorneys, bookkeeping services, brokers (stocks and bonds), building designers, doctors, dentists, optometrists, oculists, chiropractors, chiropodists, others licensed by the State of California to practice the healing arts, drafting services, financial institutions (including banks, savings and loan associations, credit unions and credit reporting agencies), engineers, surveyors and planners, insurance agencies and brokers, interior decorators and designers (no retail sales allowed on premises), laboratories (medical and dental), landscape architects, pharmacies (sale of drugs and medicines by prescription only), notaries public, public stenographers, typing and secretarial services.
"Public Utility Booster Station" shall mean a structure and the equipment needed for boosting current or pressure along public utility service or supply lines.
"Public Utility Service Yard" shall mean any buildings or premises used for the office, warehouse, storage yard or maintenance of a public utility including microwave repeater or receiving stations when incorporated as part of the service yard use.
"Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth in Health and Safety Code section 11362.7 as may be amended from time to time.
"Recreational Court" shall mean a planned area at, above, or below existing ground level in which recreational activities relating to physical competition are conducted. It is generally a quadrangular space marked off for playing one (1) or more various games with a ball or other object. This includes, but is not limited to, tennis, paddle tennis, badminton, basketball and volleyball. A swimming pool is not considered a recreational court.
"Residential Zones" shall mean the following zones: E-4 Single-Family Residential Estate and R-1 Single-Family Residential.
"Retail" shall mean the selling of goods, wares or merchandise directly to the ultimate consumer.
"Riding and Hiking Trails" shall mean a trail or way designed for and used by equestrians, pedestrians, and cyclists using non-motorized bicycles.
"Right-of-Way" shall mean an area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.
"Satellite Receiving Antenna" shall mean any dish-shaped antenna designed to receive direct satellite signals.
"Satellite Receiving Antenna Diameter" shall be measured by the line bisecting the dish-shaped antenna extending from the outer edge on one side to the outer edge on the opposite side.
"Setback Area" shall mean the area between the building line and the property line or, when abutting a street, the ultimate right-of-way line.
"Setback Distance" shall mean the distance between the building line and the property line or when abutting a street, the ultimate right-of-way line.
"Shopping Center" shall mean a commercial center, or group of commercial establishments, planned, developed, managed, and maintained as a unit; with common off-street parking provided to serve all uses on the property.
"Short-term Rental" means the use of any dwelling unit or portion thereof where residential uses are allowed, for a period of less than thirty (30) consecutive days in exchange for compensation, financial or otherwise.
"Sign" shall mean any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention to an activity for identification or advertising purposes.
"Sign Area" shall mean the area included within the outer dimensions of a sign. In the case of "skeleton letters" or other signs placed on a wall without any border, the area shall be the inscribed area.
"Sign Copy" shall mean any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign with the purpose of attracting attention to the subject matter.
"Sign, Directly Lighted" shall mean a sign which has light cast on the surface from an interior source.
"Sign, Exterior" shall mean any sign, whether or not contained within a building, that is readily visible from without a building and used or intended to be used to attract attention to an activity for identification, information or advertising purposes.
"Sign, Illegal" shall mean any sign placed without proper City approval and/or permits as required by this Code at the time said sign was placed. "Illegal sign" shall also mean any nonconforming sign which has exceeded its authorized amortization period.
"Sign, Illuminated" shall mean any sign in which an artificial source of light is used.
"Sign, Interior" shall mean any sign located within a building and is not used or intended to be used to attract attention from the exterior of the building.
"Sign, Permanent" shall mean any exterior sign used or intended to be used for a period in excess of thirty (30) days.
"Sign, Permanent Window" shall mean any lettering attached to the interior of the frontage glass for the purpose of identifying hours and emergency telephone numbers.
"Sign, Professional Service, Door/Wall Plaque" shall mean any engraved metal plaque attached to the entrance door or the wall adjacent to an entrance to identify professional offices.
"Sign, Roof" shall mean a sign erected between the lowest and highest points of the roof.
"Sign, Temporary Window" shall mean any temporary lettering, posters or signs attached to the interior of the frontage glass of an activity.
"Sign, Wall" shall mean any sign which is attached or erected on the exterior wall of a building with the exposed face of the sign parallel to said wall.
"Site Plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning all of the uses proposed for a specific parcel of land, including but not limited to elevations, grading and landscaping.
"Slope" shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of one hundred (100) feet with a rise of fifty (50) feet would be expressed as a 2:1 slope.
"Small diameter satellite receiving antenna" shall mean any dish-shaped satellite receiving antenna that is one meter or less in diameter designed to receive direct satellite signals.
"Spa" shall mean the same as "swimming pools."
"State" shall mean the State of California.
"Story" shall mean 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 a usable or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
"Story, First," shall mean the lowest story in a building which qualifies as a story, as defined herein, except that a floor in a building having only one (1) floor level shall be classified as a first story, provided such floor level is not more than four (4) feet below grade as defined herein, for more than fifty (50) percent of the total perimeter, or not more than eight (8) feet below grade, as defined herein, at any point.
"Street" shall mean a public or private vehicular right-of-way other than an alley.
"Structural Alterations" shall mean any change in the supporting members of a building or structure.
"Structure" shall mean anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs. A structure shall include anything defined as a structure under the Uniform Building Code and shall include tents, tent canopies, shade covers, awnings, and other freestanding structures of a similar nature.
"Supplemental Shielding" shall mean supplemental light shielding which shall be an attachment to the lighting fixture not extending more than one (1) foot from the fixture in any direction.
"Support Pole" shall mean the structure which is utilized to support one (1) or more light fixtures.
"Supportive housing" shall mean housing with no limit on the length of stay, that is occupied by the target population, as defined by Section 65582(g) of the Government Code, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community. Supportive housing is a residential use of property that is subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
"Swimming Pool" shall mean an artificial body of water having a depth in excess of eighteen (18) inches, designed, constructed and used for swimming, dipping or immersion purposes by men, women or children.
"Temporary Outdoor Merchandise Display" shall mean the sale or display of goods outside of the premises that is limited to no more than two days per calendar week."
"Toe of Slope" shall mean that point or line of initial break where the terrain changes to an upward direction.
"Top of Slope" shall mean that point or line of initial break where the terrain changes to a downward direction.
"Tower" shall mean any structure or device with a circumference greater than five (5) inches which is affixed to the ground, or attached to a building, and is used to support an antenna.
"Transitional Housing" shall mean buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from the beginning of the assistance. Transitional housing is a residential use of property that is subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
"Ultimate Right-of-Way" shall mean the right-of-way shown as ultimate on an adopted precise Plan of Highway Alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded PC Development Plan. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than fifty (50) feet, in the case of a public street.
"Use" shall mean the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
"Vehicular Accessway" shall mean a private, nonexclusive vehicular easement affording access to abutting properties.
"Visual Obstruction" shall mean any fence, hedge, tree, shrub, wall or structure exceeding three and one-half (3½) feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not include trees kept trimmed of branches below a minimum height of seven (7) feet.
"Wing Wall" shall mean an architectural feature in excess of six (6) feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building.
"Yard" shall mean the area between the property line and the main structure.
"Yard Sale" or "Garage Sale" shall mean an accessory use within a Residential Zone for the sale of miscellaneous personal property by an owner or occupant of a dwelling unit within such zone.
"Zone" shall mean a zoning district established by this Chapter which has been given a particular designation governing its use and specific development.
"Zone, Change of" shall mean the legislative act of removing one (1) or more parcels of land from one zoning district and placing them in another zoning district on the official zone map of the City.
"Zone Map" shall mean the official zone map of the City of Villa Park which is a part of the zoning chapter.
"Zoning Administrator" shall mean the City Manager of the City of Villa Park.
"Zoning Ordinance" shall mean the zoning chapter of the City of Villa Park.
(Ord. #85-343, § 1; Ord. #86-353, § 1; Ord. #88-368, § 1; Ord. #88-378, § 2; Ord. #91-394, §§ 1, 2; Ord. #93-418, § 1; Ord. #95-431, § 1; Ord. #96-439, § 1; Ord. #2002-482, §§ 1, 2; Ord. #2005-514, § 1; Ord. #2010-552, § 4; Ord. #2011-559, § 4; Ord. #2015-97, § 4; Ord. #2016-603, § 4; Ord. #2016-604, § 3; Ord. #2018-612, § 3)
5.- DEFINITIONS
"Abut" shall mean adjoining at or along a common lot line, or corner except where such common lot line is located in a public street right-of-way.
"Accessory Building" shall mean a subordinate building, located on a building site, the use of which is incidental to the main building or the use of the land on the same building site.
"Accessory Use" shall mean a use customarily incident and accessory to the principal use of the land or building site or to a building or other structure located on the same building site as the accessory use.
"Activity" shall mean a business establishment with direct access to a parking lot or public right-of-way and under separate management from any other business establishment within the same building.
"Actual Construction" shall mean the actual placing of construction materials in their permanent position fastened in a permanent manner; except that where a basement is being excavated, such excavation shall be deemed to be actual construction or where demolishing or removal of an existing building or structure has been started preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing, in all cases that actual construction work be diligently carried on until the completion of the building or structure involved.
"Administrative Office" shall mean a place of business for the rendering of service or general administration, but excluding retail sales.
"Advertise" or "Advertisement" means any written or oral publication, dissemination, solicitation or circulation which is intended to directly or indirectly induce any person to enter into an agreement for the rental of a single-family in violation of this section or the applicable provisions of the City of Villa Park Municipal Code. This definition includes, but is not limited to mailings, print advertisements, Internet listings, e-mail publications or other oral, printed or electronic means.
"Alley" shall mean a public or private way not more than twenty (20) feet wide permanently reserved as a secondary means of access to abutting property.
"Alteration" shall mean any change of copy, color, size, shape, illumination, position, location, construction, or supporting structure.
"Ambient Noise Level" shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
"Animal Clinic" shall mean a place where animals no larger than the largest breed of dogs are given medical or surgical treatment. A facility primarily for treatment of out-patients and where only short-time critical patients are kept longer than twenty-four (24) hours. No boarding of animals shall be permitted.
"Antenna" shall mean a system of wires, poles, booms, elements, rods, reflecting discs, ground plane radials, and similar devices capable of being used for the transmission and/or reception of electromagnetic waves.
"Attached" shall mean the physical sharing of a common wall between two (2) enclosed, habitable structures.
"AUMA" shall mean the Adult Use of Marijuana Act approved as Proposition 64 by the voters of the State of California on November 8, 2016.
"Automobile Service Station" shall mean a retail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods which are required to in the day-to-day operation of automotive vehicles and the fulfilling of motorist needs.
"Balcony Facia" shall mean area below second floor and above door height of ground floor on the front of a two-story building.
"Basement" shall mean a story partly underground and having more than half of its height above the ground level grade.
"Boarding House" or "Rooming House" shall mean a building used to provide lodging for compensation, either with or without meals.
"Borrow Site" shall mean an area used for the extraction of material in an amount in excess of five thousand (5,000) cubic yards.
"Boutique" shall mean an accessory use within a dwelling unit for the sale of handmade crafts and wares on a temporary basis.
"Breezeway" shall mean an open walkway between two (2) otherwise detached structures, not exceeding twelve (12) feet at the ridgeline and fifteen (15) feet in length in which a primary residential structure is connected to a detached garage or garage/workshop.
"Building" shall mean a permanent or portable structure having either an open lattice roof or fully covered roof supported by columns or walls.
"Building Area" shall mean the total floor area of a building measured to the exterior face of the perimeter walls. Total building area shall include all buildings on the site and shall include, but not be limited to: Principal and accessory-use structures, garages, carports, guest houses, pool houses, and storage buildings. Courtyards which are enclosed on all sides shall be calculated as building area for each story by which they are enclosed on all sides. Building areas which exceed the allowable height limit for one-story buildings shall be calculated as an additional story of floor area.
"Building Height" shall mean the vertical distance measured from the average existing grade, previously approved grade, or from the averaged level of the finished ground surface within four (4) feet adjacent to the subject building, to the highest point of the building, whichever is most restrictive. Exception: This requirement shall not be construed to restrict the height of chimneys which are constructed to comply with the minimum requirements of the Uniform Building Code.
Exception: This requirement shall not be construed to restrict the height of chimneys which are constructed to comply with the minimum requirements of the Uniform Building Code.
"Building Line" shall mean an imaginary line on a building site specifying the closest point from an ultimate right-of-way line or a property line where a main building may be located. It may be a line shown as such on a map entitled "Precise Plan of Highway Alignment" or any other officially adopted precise plan, and any amendments thereto. If not such precise plan has been adopted, the building line shall be a line as specified in general requirements of section 23-6.7. The building line shall be at the required distance from, and the measured at right angles to, the ultimate right-of-way line or property line.
"Building Official" shall mean the Building Official of the City of Villa Park.
"Building Site" shall mean a legally created parcel, or contiguous parcels of land in single or joint ownership; which provides the area and the open spaces required by this Chapter, exclusive of all rights-of-way and all easements that prohibit the surface use of the property; which abuts a street or waterway; and which has a minimum of twenty (20) continuous feet of vehicular and pedestrian access to a street or alley having a right-of-way width of not less than twenty (20) feet.
"Building Site Area" shall mean the area computed by deducting from the gross site area any ultimate street rights-of-way together with all rights-of-way and all easements that prohibit the surface use of the site in question.
"Building Site Coverage" shall mean the relationship between the gross building areas of the building or buildings, including the area of courtyards enclosed on all sides, and the net area of the site. Said net site area shall be computed by deducting from the gross site area any ultimate street rights-of-way together with all rights-of-way and all easements for vehicular use that prohibit the surface use of the site in question. Site coverage shall be determined by the greater perimeter of all stories in a building. Swimming pools and lattice patio covers which are at least fifty (50) percent open, do not exceed twelve (12) feet in height, and are open on all sides except where attached to the main structure, shall not constitute buildings for the purpose of this definition.
"Building Site, Panhandle or Flag" shall mean a building site with access to a street by means of a corridor or accessway which is not less than twenty (20) feet nor more than forty (40) feet in width.
"Building Site, Through" shall mean a building site having frontage on two (2) parallel or approximately parallel streets.
"Business" or "Commerce" shall mean the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood; the ownership or management of office buildings; maintenance and use of offices by professions and trades rendering services.
"Cannabis" shall mean all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" further includes any edible or consumable product infused with any part of the above-referenced cannabis plants. "Cannabis" also means "marijuana" as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. The term "Cannabis" shall also have the same meaning as set forth in Business and Professions Code § 19300.5(f), as may be amended from time to time.
"Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in Health and Safety Code § 11362.7, as may be amended from time to time.
"Carport" shall mean a fully roofed building or a portion of a building, open on two (2) or more sides primarily for the parking of automobiles belonging to the occupants of the property.
"Cellar" shall mean a portion of a building partly or wholly underground and having more than one-half of its height below the ground level grade. A cellar shall not be considered a story.
"Centerline" shall mean a line as described in the first situation that applies in the following instances:
a.
A section line, half section line, or quarter section line whenever a mapped highway is platted on the "Master Plan of Arterial Highways" along a section, half section, or quarter section line.
b.
A line shown as a centerline on a map entitled "Precise Plan of Highway Alignment," and any amendments thereto.
c.
A line shown as a centerline on a recorded tract map, an approved record of survey map, or a parcel map.
d.
A line in the center of the ultimate street right-of-way.
"City" shall mean the City of Villa Park.
"City Attorney" shall mean the City Attorney of the City of Villa Park.
"City Engineer" shall mean the City Engineer of the City of Villa Park.
"City Manager" shall mean the City Manager of the City of Villa Park.
"Clinic, Medical" shall mean an organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations.
"Club" shall mean an association of persons for some common purpose but not including groups organized primarily to render service which is customarily carried on as a business.
"Commercial" shall mean operated or carried on primarily for financial gain.
"Commercial Cannabis Activity" shall have the same meaning as set forth in Business and Professions Code § 19300.5(j), as may be amended from time to time, or any activity pertaining to medical or recreational marijuana.
"Commercial Coach" shall mean a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.
"Commercial District" shall mean the inclusion of the CN-AC District.
"Commercial Recreation" shall mean any use or development either public or private, providing amusement, pleasure, or sport; which is operated or carried on primarily for financial gain.
"Communication Equipment Building" shall mean a building housing operating mechanical or electronic switching, and microwave receiving equipment of a telephone or similar communication system and personnel necessary for operation of such equipment.
"Community Facility" shall mean a noncommercial use established primarily for the benefit and enjoyment of the population of the community in which it is located.
"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential or commercial building on such real property such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.
"Cooperative" shall mean two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available marijuana, with or without cultivation.
"Council" shall mean the City Council of the City of Villa Park.
"County" shall mean the County of Orange.
"County Recorder" shall mean the County Recorder of the County of Orange.
"Court Surface" shall mean the area of a lot established for recreational court purposes. The court surface may or may not be paved, or marked by permanent boundaries.
"Cultivation" or "Cultivate" shall have the same meaning as set forth in Business and Professions Code § 19300.5(k), as may be amended from time to time.
"Cut off" shall mean a light source is cut off at the point where neither the light source nor its image from a reflecting fixture is directly visible.
"Cumulative Period" shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.
"Decibel (dB)" shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base 10 of this ratio.
"Delivery" shall have the same meaning as set forth in Business and Professions Code § 19300.5(m), as may be amended from time to time.
"Density" shall mean the total number of dwelling units permitted on an acre of land exclusive of all existing public streets and rights-of-way.
"Detached" shall mean the physical separation of six (6) feet or greater between structures and eighteen (18) inches or greater between minor structures. Where there are wall openings (windows and/or doors) on adjacent walls of two (2) structures used for residential occupancy on the same lot, such structures shall be separated by a distance of not less then ten (10) feet.
"Detached Patio" shall mean a patio structure that is physically separated by a minimum of two (2) inches or greater between structures.
"Directory" shall mean a sign identifying the name and location of tenants of a single building.
"Dispensary" shall have the same meaning set forth in Business and Professions Code § 19300.5(n), as may be amended from time to time. For purposes of this Chapter, Dispensary shall also include a cooperative. Dispensary shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.
"Driveway" shall mean a vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.
"Dwelling, Multiple-Family" shall mean a permanent building containing two (2) or more dwelling units.
"Dwelling, Single-Family" shall mean a permanent building containing one (1) dwelling unit.
"Dwelling Unit" shall mean one (1) or more rooms and a single kitchen, designed for occupancy by one (1) family for living and sleeping purposes.
"Easement" shall mean a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over said land.
"Educational Institution" shall mean private or public schools, colleges or universities qualified by the State Board of Education to give general academic instruction.
"Electric Distribution Substation—Local" shall mean an assemblage of equipment which is part of a system for the distribution of electric power which electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general local customer use.
"Electric Transmission Substation" shall mean an assemblage of equipment which receives, transforms and distributes electric energy where electric energy is received at very high voltage and transformed to lower subtransmission voltage for distribution to large individual consumers, other power-producing agencies or local electric distribution substations.
"Exterior Property Line" shall mean a property line abutting a public or private street.
"Family" shall mean an individual or two (2) or more persons living together as a single housekeeping unit in a single dwelling unit.
"Fence" shall mean any type of fence, walls used as fences, screens, hedges and thick growths of shrubs or trees but does not include windbreaks for the protection of orchards or crops.
"Floor Area, Gross" shall mean the total horizontal area, in square feet, including the exterior walls of all floors of a structure.
"Floor Area Ratio" shall mean the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.
"Front Yard Area" shall mean the area from the front property line to the primary residence, to include the required front yard setback.
"Garage, Private" shall mean a building, or a portion of a building, used primarily for the parking of automobiles belonging to the occupants of the property. All private garages shall be accessible and usable for the purpose for which built.
"General Plan" shall mean the General Plan of the City of Villa Park and shall consist of the General Plan Map and Report adopted by the City Council.
"Grade, Ground Level" shall mean the average level of the finished ground surface within four (4) feet adjacent to the subject building.
"Grade, Natural" shall mean the natural grade prior to excavation unless superceded by an approved tract map.
"Guest House" shall mean a detached building not exceeding twelve hundred (1,200) gross square feet of floor space having no kitchen facilities, which is used primarily for sleeping purposes for members of the family occupying the main dwelling and their nonpaying guests.
"Habitable Room" shall mean any room meeting the requirements of the Uniform Building Code, as adopted by the County of Orange, for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces.
"Home Occupation" shall mean an occupation conducted as an accessory use within a dwelling unit.
"Junk" shall mean any worn-out, cast-off or discarded article or material.
"Kennel" shall mean any property where four (4) or more dogs or four (4) or more cats over the age of four (4) months are kept or maintained for any purpose except for veterinary clinics and hospitals.
"Key Lot" shall mean any lot where the side property line abuts the rear property line of one (1) or more lots and where said lots are not separated by an alley or any other public way.
"Lot" shall mean any numbered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land or parcel map, or any parcel shown on the County Assessor's book as being a separate parcel.
"Lot, Corner" shall mean a lot located at the intersection or interception of two (2) or more streets at an angle of not more than
one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "Interior Lot".
"Lot Line" shall mean any line bounding a lot as herein defined.
"Lot Line, Exterior" shall mean a lot line abutting a public or private street.
"Lot Line, Front" shall mean on an interior lot, the front lot line is as established for the main building.
"Lot Line, Interior" shall mean a lot line not abutting a street.
"Lot Line, Rear" shall mean a lot line which is not a front or side lot line.
"Lot Line, Side" shall mean any lot line which intersects a front lot line and does not have an angle point within the line that is less than one hundred fifty (150) degrees. In no event shall a side lot line have more than one (1) angle point.
"Lot, Panhandle or Flag" shall mean a lot with access to a street by means of a corridor or accessway which is not less than twenty (20) feet nor more than forty (40) feet in width.
"Lot, Reverse Corner" shall mean a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.
"Lot, Through" shall mean a lot having frontage on two (2) dedicated parallel or approximately parallel streets.
"Lot Width" shall mean the average 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.
"Mast" shall mean any structure or device with a circumference less than five (5) inches which is affixed to the ground, or attached to a building and is used to support an antenna.
"Master Plan of Arterial Highways" shall mean an element of Villa Park's General Plan designating adopted and proposed routes for all commuter, secondary, primary, and major highways within the City.
"Master Plan of Drainage" shall mean an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City and duly adopted by the City Council.
"Medical Cannabis" shall have the same meaning as set forth in Business and Professions Code § 19300.5(af), as may be amended from time to time.
"Medical Marijuana Regulation and Safety Act" or "MMRSA" shall mean and refer to the following three bills signed into law on October 9, 2015 as the same may be amended from time to time: AB 243, AB 246, SB 643.
"Minor Structures and Mechanical Equipment" shall mean trash enclosures, storage sheds or playhouses less than one hundred twenty (120) square feet, doghouses, play equipment, fountains, enclosed water heaters, barbecues, garden walls, air conditioners, pool filters, vents and other similar structures and mechanical equipment greater than six (6) inches in height.
"Natural Grade" shall be defined as the elevation of the grade prior to any proposed changes or construction. It may either be the contours of undisturbed soil or the contours established by an approved tract map and/or grading plan.
"Noncommercial" shall mean an enterprise or activity which is not normally conducted for profit or gain and which is of a type not normally conducted for profit or gain.
"Nonconforming Exterior Lighting" shall mean exterior lighting for recreational courts installed prior to April 20, 1975, and which is in conflict with Article 23-18 of the zoning chapter.
"Nonconforming Sign" shall mean a sign which was validly installed under laws or ordinances in effect prior to the effective date of this Chapter or subsequent revisions, but which is in conflict with the provisions of this Chapter.
"Nonconforming Structure" shall mean a lawfully established building or structure that does not conform to the regulations of this Code, or is designed for a use that does not conform to the regulations of this Code, for the district in which it is located, either at the effective date of this Code or as the result of subsequent amendments to this Code.
"Nonconforming Use" shall mean the lawfully established use of a building, structure or land that does not conform to the use regulations of this Code for the district in which it is located, either at the effective date of this Code or as the result of subsequent amendments to this Code.
"Parking Area, Private" shall mean an area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use.
"Parking Area, Public" shall mean an area, or other than a private parking area or street, used for the parking of vehicles and available for general public use, either free or for remuneration.
"Parking Area, Restricted" shall mean an area used for parking vehicles on a semipermanent basis and not available to the general public for hourly or day-to-day parking.
"Planning Director" shall mean the City Manager of the City of Villa Park.
"Precise Plan of Highway Alignment" shall mean a plan, supplementary to the Master Plan of Arterial Highways, which establishes the highway center line, the ultimate right-of-way lines, and may establish building setback lines.
"Preliminary Landscaping Plan" shall mean a plan indicating the approximate location, size, type of plant materials and ground cover to be located in the yards and other open areas of a property development.
"Preliminary Plan for the Control and Disposal of All Waters Flowing Into, Across or From a Development" shall mean a plan which includes, but is not limited to the following:
a.
The location of any existing watercourses, channels, storm drains, culverts, or other drainage facilities affecting the property.
b.
The location of any proposed drainage facilities and any proposed drainage easements affecting the property.
c.
The drainage area tributary to the property and a statement setting forth in detail but not quantitatively the manner in which waters will enter the property, the manner in which they will be carried through the property, and the manner in which proper disposal beyond the boundary of the property will be assured.
"Premises" shall mean a lot or a building site, or a specified portion of a lot or building site, that contains the structures and the open spaces needed for the location, maintenance, and operation of the use of the property.
"Professional Office" shall mean a place of business for any of the following only: accountants, architects, attorneys, bookkeeping services, brokers (stocks and bonds), building designers, doctors, dentists, optometrists, oculists, chiropractors, chiropodists, others licensed by the State of California to practice the healing arts, drafting services, financial institutions (including banks, savings and loan associations, credit unions and credit reporting agencies), engineers, surveyors and planners, insurance agencies and brokers, interior decorators and designers (no retail sales allowed on premises), laboratories (medical and dental), landscape architects, pharmacies (sale of drugs and medicines by prescription only), notaries public, public stenographers, typing and secretarial services.
"Public Utility Booster Station" shall mean a structure and the equipment needed for boosting current or pressure along public utility service or supply lines.
"Public Utility Service Yard" shall mean any buildings or premises used for the office, warehouse, storage yard or maintenance of a public utility including microwave repeater or receiving stations when incorporated as part of the service yard use.
"Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth in Health and Safety Code section 11362.7 as may be amended from time to time.
"Recreational Court" shall mean a planned area at, above, or below existing ground level in which recreational activities relating to physical competition are conducted. It is generally a quadrangular space marked off for playing one (1) or more various games with a ball or other object. This includes, but is not limited to, tennis, paddle tennis, badminton, basketball and volleyball. A swimming pool is not considered a recreational court.
"Residential Zones" shall mean the following zones: E-4 Single-Family Residential Estate and R-1 Single-Family Residential.
"Retail" shall mean the selling of goods, wares or merchandise directly to the ultimate consumer.
"Riding and Hiking Trails" shall mean a trail or way designed for and used by equestrians, pedestrians, and cyclists using non-motorized bicycles.
"Right-of-Way" shall mean an area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.
"Satellite Receiving Antenna" shall mean any dish-shaped antenna designed to receive direct satellite signals.
"Satellite Receiving Antenna Diameter" shall be measured by the line bisecting the dish-shaped antenna extending from the outer edge on one side to the outer edge on the opposite side.
"Setback Area" shall mean the area between the building line and the property line or, when abutting a street, the ultimate right-of-way line.
"Setback Distance" shall mean the distance between the building line and the property line or when abutting a street, the ultimate right-of-way line.
"Shopping Center" shall mean a commercial center, or group of commercial establishments, planned, developed, managed, and maintained as a unit; with common off-street parking provided to serve all uses on the property.
"Short-term Rental" means the use of any dwelling unit or portion thereof where residential uses are allowed, for a period of less than thirty (30) consecutive days in exchange for compensation, financial or otherwise.
"Sign" shall mean any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention to an activity for identification or advertising purposes.
"Sign Area" shall mean the area included within the outer dimensions of a sign. In the case of "skeleton letters" or other signs placed on a wall without any border, the area shall be the inscribed area.
"Sign Copy" shall mean any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign with the purpose of attracting attention to the subject matter.
"Sign, Directly Lighted" shall mean a sign which has light cast on the surface from an interior source.
"Sign, Exterior" shall mean any sign, whether or not contained within a building, that is readily visible from without a building and used or intended to be used to attract attention to an activity for identification, information or advertising purposes.
"Sign, Illegal" shall mean any sign placed without proper City approval and/or permits as required by this Code at the time said sign was placed. "Illegal sign" shall also mean any nonconforming sign which has exceeded its authorized amortization period.
"Sign, Illuminated" shall mean any sign in which an artificial source of light is used.
"Sign, Interior" shall mean any sign located within a building and is not used or intended to be used to attract attention from the exterior of the building.
"Sign, Permanent" shall mean any exterior sign used or intended to be used for a period in excess of thirty (30) days.
"Sign, Permanent Window" shall mean any lettering attached to the interior of the frontage glass for the purpose of identifying hours and emergency telephone numbers.
"Sign, Professional Service, Door/Wall Plaque" shall mean any engraved metal plaque attached to the entrance door or the wall adjacent to an entrance to identify professional offices.
"Sign, Roof" shall mean a sign erected between the lowest and highest points of the roof.
"Sign, Temporary Window" shall mean any temporary lettering, posters or signs attached to the interior of the frontage glass of an activity.
"Sign, Wall" shall mean any sign which is attached or erected on the exterior wall of a building with the exposed face of the sign parallel to said wall.
"Site Plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning all of the uses proposed for a specific parcel of land, including but not limited to elevations, grading and landscaping.
"Slope" shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of one hundred (100) feet with a rise of fifty (50) feet would be expressed as a 2:1 slope.
"Small diameter satellite receiving antenna" shall mean any dish-shaped satellite receiving antenna that is one meter or less in diameter designed to receive direct satellite signals.
"Spa" shall mean the same as "swimming pools."
"State" shall mean the State of California.
"Story" shall mean 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 a usable or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
"Story, First," shall mean the lowest story in a building which qualifies as a story, as defined herein, except that a floor in a building having only one (1) floor level shall be classified as a first story, provided such floor level is not more than four (4) feet below grade as defined herein, for more than fifty (50) percent of the total perimeter, or not more than eight (8) feet below grade, as defined herein, at any point.
"Street" shall mean a public or private vehicular right-of-way other than an alley.
"Structural Alterations" shall mean any change in the supporting members of a building or structure.
"Structure" shall mean anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs. A structure shall include anything defined as a structure under the Uniform Building Code and shall include tents, tent canopies, shade covers, awnings, and other freestanding structures of a similar nature.
"Supplemental Shielding" shall mean supplemental light shielding which shall be an attachment to the lighting fixture not extending more than one (1) foot from the fixture in any direction.
"Support Pole" shall mean the structure which is utilized to support one (1) or more light fixtures.
"Supportive housing" shall mean housing with no limit on the length of stay, that is occupied by the target population, as defined by Section 65582(g) of the Government Code, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community. Supportive housing is a residential use of property that is subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
"Swimming Pool" shall mean an artificial body of water having a depth in excess of eighteen (18) inches, designed, constructed and used for swimming, dipping or immersion purposes by men, women or children.
"Temporary Outdoor Merchandise Display" shall mean the sale or display of goods outside of the premises that is limited to no more than two days per calendar week."
"Toe of Slope" shall mean that point or line of initial break where the terrain changes to an upward direction.
"Top of Slope" shall mean that point or line of initial break where the terrain changes to a downward direction.
"Tower" shall mean any structure or device with a circumference greater than five (5) inches which is affixed to the ground, or attached to a building, and is used to support an antenna.
"Transitional Housing" shall mean buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from the beginning of the assistance. Transitional housing is a residential use of property that is subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
"Ultimate Right-of-Way" shall mean the right-of-way shown as ultimate on an adopted precise Plan of Highway Alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded PC Development Plan. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than fifty (50) feet, in the case of a public street.
"Use" shall mean the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
"Vehicular Accessway" shall mean a private, nonexclusive vehicular easement affording access to abutting properties.
"Visual Obstruction" shall mean any fence, hedge, tree, shrub, wall or structure exceeding three and one-half (3½) feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not include trees kept trimmed of branches below a minimum height of seven (7) feet.
"Wing Wall" shall mean an architectural feature in excess of six (6) feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building.
"Yard" shall mean the area between the property line and the main structure.
"Yard Sale" or "Garage Sale" shall mean an accessory use within a Residential Zone for the sale of miscellaneous personal property by an owner or occupant of a dwelling unit within such zone.
"Zone" shall mean a zoning district established by this Chapter which has been given a particular designation governing its use and specific development.
"Zone, Change of" shall mean the legislative act of removing one (1) or more parcels of land from one zoning district and placing them in another zoning district on the official zone map of the City.
"Zone Map" shall mean the official zone map of the City of Villa Park which is a part of the zoning chapter.
"Zoning Administrator" shall mean the City Manager of the City of Villa Park.
"Zoning Ordinance" shall mean the zoning chapter of the City of Villa Park.
(Ord. #85-343, § 1; Ord. #86-353, § 1; Ord. #88-368, § 1; Ord. #88-378, § 2; Ord. #91-394, §§ 1, 2; Ord. #93-418, § 1; Ord. #95-431, § 1; Ord. #96-439, § 1; Ord. #2002-482, §§ 1, 2; Ord. #2005-514, § 1; Ord. #2010-552, § 4; Ord. #2011-559, § 4; Ord. #2015-97, § 4; Ord. #2016-603, § 4; Ord. #2016-604, § 3; Ord. #2018-612, § 3)