"Accessory structure"means a structure that is accessory and incidental to a dwelling located on the same lot.
Acre, Gross."Gross acre" means the area of a lot or site, including easements and right-of-way to be dedicated, but excluding existing public rights-of-way.
Acre, Net."Net acre" means the area of a lot or site remaining after dedication of all required rights-of-way.
"Agent"means a person or individual authorized, by written statement of a property owner to act on behalf of a property owner with respect to an application for permit or entitlement authorized under the provisions of this title. Note that the written authorization shall be executed by the property owner, and notarized not more than sixty days prior to the date of the submittal of the application to the city.
"Agricultural land"shall mean all real property within the city of Waterford's incorporated boundaries currently used for agricultural operations, or annexed as an agricultural operation and zoned for agricultural (AG) use in accordance with this title.
"Agricultural processing"includes the changing of an agricultural product (fruits, nuts and vegetables but not including animals) from its natural state to a different form, such as grapes to wine, apples to juice or sauce, etc. Incidental activities such as packing, sizing, polishing, hulling and the like shall not be considered to be agricultural processing such as the manufacture of tomato paste or similar types of canneries or processes involving heat or chemical industrial techniques. Agricultural processing shall be limited to crops grown on the subject property, fifty percent of which may be grown within a one-mile radius of the subject property.
"Agricultural service establishment"includes businesses engaging in activities designed to aid production agriculture. "Service" does not include the provision of tangible goods except those sold directly to farmers and used specifically to aid in production of farm animals or crops. Nor does service include any business which has the primary function of manufacturing products.
"Agriculture-limited"includes agricultural activities, conducted within the city of Waterford on lands not zoned as agricultural land (AG) but is conducted in such a manner so as to not create a nuisance to adjacent properties and uses. Such agricultural activities may include the tilling of the soil, the raising of limited crops, horticulture, viticulture, limited livestock and small livestock farming, aquaculture, or limited animal husbandry such as FFA or 4H projects, including all uses customarily incidental thereto but not including poultry ranching, dairying, slaughterhouses, fertilizer yards, bone yards or plants for the reduction of animal matter or any other industrial or agricultural use or activity which is similarly objectionable because of noise, odor, smoke, dust or fumes.
"Agriculture-rural"includes an agricultural activity, operation or facility (herein collectively referred to as "agricultural operations") and shall mean, but not be limited to, cultivation and tillage of soil (including typical fallow periods), the production, irrigation, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, agriculture, the raising of livestock, dairying, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transport to market; but not including poultry ranching, dairying, slaughterhouses, fertilizer yards, bone yards or plants for the reduction of animal matter or any other industrial or agricultural use or activity which is similarly objectionable because of noise, odor, smoke, dust or fumes.
"Alley"means a public way permanently reserved and designated by the city of Waterford primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
"Alter"means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure.
Animal, Domestic."Domestic animal" means small animals of the type generally accepted as pets, including dogs, cats, rabbits, hens, fish, and the like, but not including roosters, ducks, geese, pea fowl, goats, sheep, hogs or the like.
Animal, Exotic."Exotic animal" means any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.
Animal, Large."Large animal" means an animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables.
Animal, Small."Small animal" means an animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept as domestic pets within a dwelling unit.
"Antenna"means any system of wires, poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic radio frequency waves, including but not limited to antennas or towers used for transmitting or receiving television, radio, citizen's band or cellular phone communication.
Antenna, Monopole.A "monopole antenna" is a single, ground-mounted freestanding pole, post piling, tower or similar structure, often tubular in shape, made of metal, reinforced concrete or wood, used to support equipment associated with a wireless communication facility.
Arbor.An arbor, patio cover, lath house, pergola, trellis or other similar structure without walls or a solid roof, intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building provided that it is not located within the front-yard setback or side-yard setback area of a main building.
"Area," "lot," "parcel" or "site"means the horizontal area within the property lines excluding access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.
Areas, Specified Anatomical."Specified anatomical areas" means human genitals (pubic region), buttocks, or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Balcony"means a platform, less than three feet wide, that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.
"Bed and breakfast inn"means an owner-occupied single-family dwelling with not more than three guest rooms in which overnight lodging and breakfast are provided for a fee.
"Blockface"means the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and irrigation canal right-of-way, unsubdivided land, or city boundary.
"Boarding house"means a dwelling other than a hotel, wherein lodging and/or meals for five or more persons is provided for compensation.
"Building"means any structure having a roof supported by columns and/or walls and intended for the shelter, housing and/or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to be a separate building.
Building, Accessory."Accessory building" means a subordinate building, the use of which is incidental to that of a main building on the same lot.
"Building height"means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
Building, Main."Main building" means a building in which is conducted the principal use of the lot upon which it is situated. In any "R" district any dwelling shall be deemed to be a main building upon the lot upon which the same is situated.
"Campground"means land or premises used or intended to be used, let or rented for occupancy by campers traveling by automobiles or otherwise, or for temporary occupancy by or of trailers, recreational vehicles (RVs), or movable sleeping quarters of any kind.
"Cannabis"means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannibas 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 cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (expect the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the
Health and Safety Code.
"Cannabis cultivation business"means any cannabis business that, pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, Type 5B, or Type 12 state cannabis license, or their successors, cultivates cannabis or cannabis products.
"Cannabis delivery"means the commercial transfer of cannabis or cannabis products to a customer. "Cannabis delivery" also includes the use by a retailer of any technology platforms.
"Cannabis product"means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
"Caretaker's quarters"means a dwelling unit on the site of a commercial, industrial, public or semipublic use, occupied by a guard or caretaker.
"Carnival"means a traveling or itinerant commercial amusement enterprise consisting of sideshows, vaudeville, games, merry-go-rounds or other mechanical amusement devices temporarily located within the city. A carnival shall not be construed to include or mean a festival or amusement enterprise set up and conducted by any permanent religious, charitable or nonprofit organization whose principal place of business is within the city upon real property owned by such organization and conducted within an area of twenty thousand square feet or less.
"Carport"means a permanently roofed structure which is open on at least one side and has no door closure, for the purpose of vehicle storage; see also the definition of "garage, private."
"Carriage unit"means a dwelling unit or apartment constructed above a residential garage.
"Certified farmers' market (CFM)"means the activity of sales by California farmers of their own California produced agricultural goods directly to the consuming public, all in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California
Food and Agricultural Code, and the
California Code of Regulations adopted pursuant thereto (Title III, Division 3, Chapter 1, Subchapter 4, Article 6.5). The operator of a certified farmers' market shall possess a permit as a certified farmers' market location from the county agricultural commissioner's office or such other governmental office that has jurisdiction for the issuance of such permit. In addition, a certified farmers' market shall be operated and permitted in accordance with the provisions of Chapter 12 (commencing with Section 114345) of Part 7, Division 104 of the California
Health and Safety Code.
"Circus"means a traveling or itinerant commercial amusement enterprise utilizing an enclosure of any kind, but usually circular or rectangular, partially surrounded by seats, used for exhibitions of horsemanship, acrobatic performances, acts of clown, feats of animal training or the like, temporarily located within the city.
"City"means the city of Waterford.
"Collection buildings"means buildings with a gross floor area of two hundred twenty-five square feet or less used for the deposit and storage of household articles or recyclables donated to a nonprofit organization.
"Collocation"means the location of two or more wireless communication facilities on a single support structure. For the purposes of this chapter, collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, communication towers and other facilities and structures.
"Community noise equivalent level (CNEL)"means the average noise level during a twenty-four-hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours.
"Conditionally permitted"means permitted subject to approval of a conditional use permit or temporary conditional use permit.
"Confined animal facility"means a confined animal facility as defined by state or federal statute and regulations adopted by the Regional Water Quality Control Board.
"Convenience market"means retail sales of food, beverages and small convenience items primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building. This definition excludes delicatessens and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat.
Coverage, Lot or Site."Lot coverage" or "site coverage" means the percentage of a site covered by roofs, soffits, or overhangs extending more than two and one-half feet from a wall and by decks more than thirty inches in height.
"Day care center"means a dwelling or building or structure in which persons not of the immediate family are provided with care for compensation for a portion of the day not exceeding twelve hours in any twenty-four-hour period. A day care center shall not include twenty-four-hour care and shelter.
"dBA"means a number in decibels read from a sound level meter with the meter switched to a weighing scale "A." The number is an approximate measurement of the relative noisiness or annoyance level of common sounds.
"Deck"means a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also "balcony").
"Depth"means the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.
"Development plan"means a plan for the ultimate development of a site that may or may not include a subdivision map, proposed in accordance with Title
16 of the WMC but shall include existing and proposed uses, building improvements, utilities, parking, access and other related and necessary improvements for the site or property that will be necessary for the ultimate use of the property, as set forth in Section
17.52.050. The plan shall also include a proposal for the timing of all proposed improvements.
"Distribution line"means an electric power line bringing power from a distribution substation to consumers.
"District"means a portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this title.
"Domestic fowl"means a gallinaceous bird kept chiefly for its eggs and flesh (hens only).
Dwelling, Multiple."Multiple dwelling" means a building or portion thereof used and/or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building.
Dwelling, One-Family."One-family dwelling" means a detached building designed for and/or occupied exclusively by one family.
Dwelling, Two-Family."Two-family dwelling" means a detached building designed for and/or occupied exclusively by two families living independently of each other.
"Dwelling unit"means a building, or portion thereof, with one or more rooms and a single kitchen, designed for occupancy by one family for living and sleeping purposes.
"Emergency shelters"means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (
Health and Safety Code Section 50801(e))
"Employee housing"includes, but is not limited to, farmworker housing. Employee housing for six or fewer workers shall be deemed to be a single-family structure with a residential land use, and shall be treated the same as a single-family dwelling of the same type in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single-family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.
Entertainment, Live."Live entertainment" means regulations pertaining to live entertainment in this title apply to the following activities where they occur on a scheduled basis three or more days during a calendar year on the site of a use other than a public or semipublic use:
1. A comedy act, musical, theatrical, or dance recital performed by one or more persons, regardless of whether performers are compensated;
2. Any form of dancing by patrons or guests at a business establishment;
3. A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing.
Exemption, Categorical."Categorical exemption" means an exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, based on a finding by the California Secretary for Resources that the class of projects does not have a significant effect on the environment.
"Family"means one or more persons occupying a premises and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.
"Fence"means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Floor Area, Gross."Gross floor area" means the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet but excluding area used exclusively for vehicle parking or loading and, in industrial areas, storage sheds with less than one hundred fifty square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters and similar enclosures.
"Floor area ratio (FAR)"means the gross floor area of a building or buildings on a lot divided by the lot area or site area.
"Front building line"means the line, parallel to the street line, which passes through the point of the principal building face or corner closest to the front lot line.
"Game centers"means a space within a building or outdoors, accessible to the general public and occupying more than one hundred fifty square feet in total floor area.
Garage, Private."Private garage" means a building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature; see also the definition of "carport."
Garage, Public."Public garage" means any premises, except those defined in this chapter as a private or storage garage, used for the storage and/or care of self-propelled vehicles or where any such vehicles are equipped for operation or repair, or kept, for remuneration, hire or sale.
"Garden structure"means an arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building.
Grade, Existing."Existing grade" means the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this title.
Grade, Street."Street grade" means the top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.
"Guest room"means a room which is intended, arranged or designed to be occupied or which is occupied by one or more guest, but in which no provision is made for cooking and not including dormitories for sleeping purposes.
"Height"means a vertical dimension measured from existing grade, unless otherwise specified.
Height Measurement of Fencing.Except as otherwise provided, the height of fences or walls between the setback line and lot line shall be measured from finished grade adjacent to the structure to the top of the structure as determined by the planning director.
"Home occupation"means a use conducted in a dwelling unit or accessory building which is clearly incidental and subordinate to the use of the dwelling for residential purposes.
"Home occupations"means occupations conducted in a dwelling unit, garage, or accessory building in a residential "R" district that are incidental to the principal residential use of the lot or site.
"Hotel"means any building or portion thereof containing six or more guest rooms used, designed or intended to be used, let or hired out.
Illumination, Direct."Direct illumination" means illumination by means of light that travels directly from its source to the viewer's eye.
Illumination, Indirect."Indirect illumination" means illumination by means only of light cast upon an opaque surface from a concealed source.
"Junkyards"means the use of more than one hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap materials, surplus materials, secondhand material, used building materials, bottles, appliances, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.
"Kennel"means a place where more than three animals over four months old are kept.
"Living area"means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or accessory structure.
"Lot"means a legal site, plot or parcel of land under one ownership that has been legally subdivided, resubdivided, or combined in accordance with applicable local ordinance and the California State Subdivision Map Act.
"Lot area"means the total horizontal area included within lot lines.
Lot, Corner."Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.
"Lot depth"means the average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.
Lot, Double-Frontage."Double-frontage lot" means an interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.
"Lot frontage"means the line separating lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage from the street in the case of a corner lot.
Lot, Key."Key lot" means the first interior lot to the rear of a reversed corner lot.
Lot, Reversed Corner."Reversed corner lot" means a corner lot the side line of which is substantially a continuation of the front property line of the first lot to its rear.
Lot or Property Line, Front."Front lot or property line" means, on an interior lot, the lot line abutting the street; or, on a corner lot, the shorter lot line abutting a street; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
Lot or Property Line, Rear."Rear lot or property line" means ordinarily, that line of a lot which is generally opposite the lot line along the frontage of said lot. In cases in which this definition is not applicable, the planning commission shall designate the rear lot line.
"Mobile food vendor"means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail pursuant to California
Health and Safety Code Section 113831 that is permitted pursuant to Chapter
17.55. Does not include sidewalk vendor as defined by Senate Bill 946.
"Mobile home"means a vehicle designed and equipped for human habitation and includes a travel trailer and recreational vehicle as defined by the California
Health and Safety Code. The vehicle must bear an insignia of approval issued by the California Department of Housing and Community Development, pursuant to Section 18056 of the Health and Safety Code. This definition is for zoning purposes only and shall not be construed to affect the definition of mobile home parks in the State Mobile Home Parks Act (
Health and Safety Code Section 18200, et seq.) or to affect enforcement of the provisions of such act.
"Mobile home park"means a lot or parcel of land which is used exclusively for the parking thereon of ten or more mobile homes for a rental charge, or for rent or lease of mobile homes, and for appurtenant facilities for the exclusive use of the occupants such as laundry, restrooms, recreation and storage facilities, and mobile home or office facility for the owner or manager. For mobile home parks of twenty-five spaces or more, there may be maintained a dwelling for the owner or manager. This definition is for zoning purposes only and shall not be construed to affect the definition of mobile home parks in the State Mobile Home Parks Act (
Health and Safety Code, Section 18200, et seq.) or to affect enforcement of the provisions of the Act.
"Motel"means a building or buildings containing apartments and/or rooming units, with automobile storage space serving such rooms or apartments provided in connection therewith, providing sleeping accommodations for automobile travelers, including auto parks, motor lodges and similar designations.
"Nonconforming sign"means a sign, outdoor advertising structure, or display of any character which was lawfully erected or displayed, but which does not conform with standards for location, size, or illumination for the district in which it is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.
"Nonconforming structure"means a structure which was lawfully erected, but which does not conform with the standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.
"Nonconforming uses"means a use of a structure or land which was lawfully established and maintained, but which does not conform to the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.
"Off-street loading facilities"means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
"Off-street parking facilities"means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.
Open Space, Private."Private open space" means a usable open space, adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
Open Space, Shared."Shared open space" means an open space within a residential development reserved for the exclusive use of residents of the development and their guests.
Open Space, Total."Total open space" means the sum of private open space and shared open space.
Opposite.Walls, windows, signs, districts, or property lines shall be deemed opposite if a line perpendicular to a vertical plane through one element and having its widest horizontal dimension would intersect a similar vertical plane through another element.
"Outdoor advertising sign"means any card, cloth, paper, metal, painted glass, wooden, plaster, stone or other sign of any kind or character whatsoever placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "placed" as used in the definitions of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.
"Outdoor advertising structure"means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.
"Permitted"means permitted without a requirement for approval of a use permit or temporary use permit.
"Planned street line"means the street line of any street, road or highway at its ultimate width as defined or delineated within the circulation element of the county general plan.
"Porch"means a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.
"Preexisting"means in existence prior to the effective date of the ordinance codified in this title.
"Private stable"means an accessory building or space where horses are kept for the private use of the owner and guests.
"Produce market"means structures and/or areas up to three thousand five hundred square feet in size, including any outside display area, that are accessory to on-site agricultural operations and are primarily used to sell raw, unprocessed fruits, vegetables, nuts and other agricultural produce in their raw or natural state. Produce markets also may be used for limited sales of processed foods and non-food items.
"Produce stand"means structures and/or areas up to six hundred square feet in size, including any outside display area, that are accessory to on-site agricultural operations and are used to sell only raw, unprocessed fruits, vegetables, nuts and other agricultural produce in their raw or natural state that is produced or grown exclusively on the site whereon the produce stand is located.
"Production agriculture"means agriculture for the purpose of producing any and all plant and animal commodities for commercial purposes.
"Project"means any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title.
"Property owner"means the person, individual or corporation, or any combination thereof or multiple owners with fee title interest in the property subject to a permit or entitlement authorized by the provisions of this title. Such proof of ownership would typically be reflected in the latest county assessor's records for the property. Where there are complex ownership questions, the planning director may request a preliminary title report be submitted as part of any formal permit application.
"Proposed dwelling"means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"Public garage"means any premises, except those defined in this chapter as a private or storage garage, used for the storage and/or care of self-propelled vehicles or where any such vehicles are equipped for operation or repair, or kept, for remuneration, hire or sale.
"Public stable"means a building other than a private stable for the commercial rental, training, or boarding of horses.
"Public transit"means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Recreational vehicle"is a collective term which may refer to any or all of the following: motor home, travel trailer, fifth wheel trailer, van or pickup with camper; having sleeping and/or cooking facilities.
Recreational Vehicle Cover, Portable."Portable recreational vehicle cover" means a detached structure intended solely for the purpose of providing cover of a recreational vehicle using a framework and cover made of lightweight materials and having a footprint of no larger than seven hundred fifty square feet, which does not need a permanent foundation.
"Residence"means a home, abode or place where an individual is actually living at a specific point in time.
"Residential care home"means a home operated as a boarding home and in which nursing, dietary and other personal services are furnished to convalescent, invalid or aged persons in return for compensation but in which are performed no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals.
"Retail food law,"for purposes of this chapter, means any chapter of any California Code regulating health and sanitation standards for retail food facilities. Retail food law is administered and enforced by the Stanislaus County department of environmental resources (DER), unless another agency is specifically identified by law.
Room, Habitable."Habitable room" means a room meeting the requirements of the Waterford building and construction code (Title 15 of the WMC) for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.
"Roominghouse"means a dwelling, building or structure occupied by five or more persons each of whom have agreed to pay a specific rent for a specific space as distinguished from guests subject to innkeeper's liability.
"Shade structure"is a detached or attached structure that is no higher than the first story of a home and may have a roof but does not have walls or covering on the sides, such as a patio cover, arbor, or similar structure.
"Sidewalk vendor"means a person who sells food or merchandise from a pushcart, stand, display, pedaldriven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or pedestrian path.
"Single ownership"means holding a record title, possession under a contract to purchase, or possession under a lease by a person, firm, corporation, or partnership, individually, jointly, in common or in any other manner where the property is or will be under unitary or unified control.
"Site"means a lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this title, and is in a single ownership or has multiple owners, all of whom join in an application for development.
"Small wind energy system"means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce onsite consumption of utility power. "Tower height," as it pertains to such systems, means the height above grade of the fixed portion of the tower, excluding the wind turbine.
"Soundproofed"means a structure or portion of a structure which is insulated or constructed in such a manner that sound will not penetrate from it in excess of the ambient noise levels specified in Section
8.22.037.
"Specific plan"means a plan for a defined area that is consistent with the general plan and with the provisions of the California Government Code Section 65450 et seq. (Specific Plans).
"Statuary structures"means decorative objects such as birdbaths, fountains, ornamental wells and other similar landscape or garden figures.
"Story"means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
"Street"means a public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined in this chapter.
"Street line"means the boundary between a street and abutting property.
"Structural alterations"means any change in the supporting member of a building, such as bearing walls, columns, beams or girders.
"Structure"means anything constructed or erected that requires a location on the ground, including a building, portable carport, canopy, gazebo, awning or a swimming pool but not including a fence or a wall used as a fence, if the height does not exceed six feet, or access drives or sidewalks, walkways, walks or surfaced patio area.
"Sunroom"means an enclosed and covered porch, deck, or patio area attached to a residence in which at least sixty percent of the exterior wall area is comprised of glazing or similar transparent material, and which, if directly accessible from the indoor living area of the residence, is separated from that area of the residence by a closable door.
"Supportive housing"means housing with no limit on length of stay, that is occupied by the target population, 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. (California
Government Code Section 65582, Senate Bill 745)
"Tandem parking"means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
"Target population"means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (California
Government Code Section 65582, Senate Bill 745.)
"Tasting room"means a facility in which agricultural products grown or processed on the premises may be tasted and sold. A restaurant, where complete meals are served and consumed, shall not be considered to be a tasting room.
"Transitional housing"means buildings configured as rental housing developments, but operated under program requirements that require termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. (California
Government Code 65582, Senate Bill 745.)
"Transmission line"means an electric power line bringing power to a receiving or distribution substation.
Tree, Mature."Mature tree" means any tree with a diameter of twelve inches or more, measured twenty-four inches above existing grade.
"Use"means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or structure is or may be occupied or maintained.
Use, Accessory."Accessory use" means a use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.
"Vehicle storage yard"means any location consisting of parcel(s) or lot(s) where three or more vehicles (as defined by Section 670 California Vehicle Code), or vessels (as defined by Section 651 of the Harbors and Navigation Code), or combinations of both, which are disabled, under repair or restoration, and/or vehicles or vessels which are not currently registered with the State Department of Motor Vehicles are stored. For purposes of this section, a vessel and a trailer designed to carry a vessel that are used together as one unit shall count as one vehicle or one vessel.
"Visible"means likely to be noticed by a person of average height walking on a street or sidewalk two years after installation of any planting intended to screen a view.
"Water-related"means a use or activity that directly or indirectly serves industries that use water for recreation, sports open space or similar activities, thereby gaining sufficient economic benefits by fronting on or being in close proximity to a river, stream, lake or similar body of water.
"Wholesale and distribution"means establishments engaged in selling merchandise to retailers; to commercial, industrial, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for selling merchandise to such persons or companies. Includes such establishments as: agents, merchandise or commodity brokers, commission merchants, assemblers, merchant wholesaler stores primarily selling electrical, plumbing, heating and air conditioning and equipment.
"Wholesale retail stores"means stores that emphasize the packing and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
"Width"means the horizontal distance between the side property lines of a site, measured at right angles to the depth at the rear of a required front yard.
Window, Required."Required window" means an exterior opening in a habitable room meeting the area requirements of the Waterford building and construction code (Title 15 of the WMC).
"Wireless communication facility"means an unstaffed facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves, including, but not limited to, the following technologies: cellular, personal communication services (PCS), general mobile radio services (GMRS), family radio service (R/C), interactive video and data services (IVDS), low power radio service (LPRS) and paging systems. It includes antennas and all other types of equipment used in the transmission or receipt of such signals, structures designed and placed specifically to support this equipment; associated equipment cabinets and/or buildings; and other accessory development. It does not include radio and television towers, antennas or related equipment for commercial broadcast or amateur use; citizens band and any other miscellaneous telemetric and control communications systems.
"Yard or court"means an open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward or from the floor level of the structure requiring the yard or court upward except as otherwise provided in this title, including a front yard, side yard, rear yard, or court between structures.
Yard, Front."Front yard" means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site.
Yard, Rear."Rear yard" means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site, except that on a corner lot the rear yard shall extend only to the side yard abutting a street.
Yard, Side."Side yard" means a yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the side yard on the street side of a corner lot shall extend to the rear lot line.
(Ord. 2011-02 §1; Ord. 2015-06 §1; Ord. 2015-07 §2; Ord. 2019-07 §3; Ord. 2019-08 §1)