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West Covina City Zoning Code

ARTICLE II

DEFINITIONS2


Footnotes:
--- (2) ---

Editor's note— Ord. No. 2030, § 4, adopted April 20, 1999 totally reorganized article II (Definitions) of this chapter 26 by repealing §§ 26-16—26-122 and consolidating the individual definitions that comprised those sections into § 26-63, as set out herein. The history notes for §§ 26-16—26-122 have been relocated to appear after the current § 26-63.


Sec. 26-62.- Intent.

Words and terms used in this chapter have their usual and normal meaning unless they are listed in section 26-63 below or defined elsewhere in this chapter. Words listed in section 26-63 have the specific meaning stated, unless the context clearly requires some other meaning.

(Ord. No. 2030, § 4, 4-20-99)

Sec. 26-63. - Definitions.

Accessory building or structure. A part or the whole of a building or structure, the use of which is subordinate and incidental to the main use and/or structure. Where fifty (50) percent or more of the wall of an accessory building or structure constitutes a common wall with the main building, or where less than fifty (50) percent of the wall of the accessory building or structure constitutes a common wall with the main building but in which wall there is contained an opening that permits direct pedestrian passage from one to the other, then such an accessory building or structure shall be considered a part of the main building.

Accessory habitable quarters/guest houses. A permanently constructed habitable quarters, separate from the primary residence, and having no kitchen facilities, which is clearly subordinate or incidental to the primary residence on the same lot. The accessory habitable quarters may include only a sleeping area, living area, and bathroom within an attached or detached accessory structure and for use by guests or occupants of the primary residence. The accessory habitable quarters shall not be separately rented, leased or let (by direct or indirect compensation) or otherwise occupied separately from the primary residence. Accessory habitable quarters were historically known as guest houses. New accessory habitable quarters/guest houses are no longer allowed.

Accessory use. A use of the land or building which is clearly incidental and subordinate to the principal use of the land or building (but which does not alter the main use), both of which uses are located on the same lot and/or within the same building.

Adult cat or adult dog. Any dog or cat over four (4) months of age.

Aircraft. A device that is used or intended to be used for flight in the air, including, but not limited to, hang gliders, motorized hang gliders, ultralights, hot-air balloons, planes and helicopters, except as provided for in section 26-339 of this chapter.

Allowable building area. That site area not included in the required front, side or rear setbacks.

Amendment. A change in the wording, content or substance of this chapter, or a change in the zone boundaries upon the zoning map, a part of this chapter, when adopted by the city council in the manner prescribed by law.

Apartment house. A building, or portion of a building, designed for occupancy by three (3) or more families living independently of each other, and containing three (3) or more dwelling units.

Architectural lighting. Any arrangement, other than signage, of lighting to outline or highlight certain features such as the shape of a building or the decoration of a wall or window.

Automobile wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Bachelor apartment. One (1) room and bath, without cooking facilities, in a multiple dwelling.

Basement. That portion of a building below the first story of a building except that a basement, when designed for, or occupied for business of manufacturing, or for dwelling purposes (subterranean garages excepted), shall be considered a story.

Bedroom. A bedroom is a room used for sleeping purposes that is separable from other rooms by a door and accessible to a bathroom without crossing another bedroom or living room, whether designated as a bedroom or den, study, library, bonus room, media room, or other similar term. A dining room, living room, kitchen, hall, closet, powder room, pantry, kitchen nook, laundry room, garage, and bathroom shall be specifically excluded, without limitations.

Block. All property fronting upon one (1) side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus or dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

Body piercing. The business of perforating the skin using a needle or otherwise, so as to produce a piercing on the cartilaginous part of the ear or any part of the body.

Building. A permanently located structure having a roof; but excluding all forms of vehicles even though immobilized. Where this chapter requires, or where special authority granted pursuant to this chapter requires, that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides."

Building coverage. The area of a lot covered by buildings or other roofed structures, including any eaves extending more than two (2) feet beyond any support structure. Permeable roof materials (e.g., lattice-work) covering two hundred (200) square feet or less will not be included in the lot coverage calculation.

Building frontage. That side of a building which contains the main entrance for pedestrian ingress and egress. If more than one (1) main entrance exists, the one that most nearly faces or is oriented to the street of highest classification as portrayed on the current master plan of streets and highways shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.

Building height. The vertical distance measured from any point of the roof structure to the finished "grade" directly below said point, but exclusive of vents, air conditioners, chimneys or other such incidental appurtenances.

Building identification sign. A sign or signs which portray, through the use of words or symbols, the identifying name assigned to the building by the owner thereof.

Building line. A line running parallel to a lot line, that is the same distance from the lot line as the closest portion of a building on the site.

Building site.

(1)

The ground area of one (1) lot or parcel, or

(2)

The ground area of two (2) or more lots or parcels when used in combination for a building or permitted group of buildings, together with all open spaces as required by this chapter.

Business or commerce. The purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services.

Canopy structure. A sheet of flexible material, fabric or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood or plastic or any other similar material. Canopy structures may be used as tents or to provide shelter or covering for storage of automobiles, boats, recreational vehicles, or other similar uses. Canopy structures include but are not limited to, prefabricated canopies ready-made for simple assembly, and canopies which are built, constructed or composed of parts joined together in some definite manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government-ordered aerial sprayings.

Carport. A shelter for an automobile consisting of a roof; with or without walls.

CC & R's shall mean conditions, covenants and restrictions of any condominium project, community apartment house or any other planned development.

Cellar. That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

Child day care facility. A facility, licensed by the State of California, which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes day care centers, and family day care home.

Club, nonprofit. An association of persons for some common nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business. The serving of alcohol in conjunction with a club shall be permitted only when the use is as defined in Section 23428.9 of the California Business and Professions Code.

Commission. The planning commission of the city.

Common areas shall mean the entire residential project excepting all units therein granted or reserved to individual units.

Community apartment shall mean an apartment in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

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 a space in a residential building on such property.

Condominium project shall mean either of the following:

(1)

The entire parcel of real property divided, or to be divided, into condominiums, including all structures thereon.

(2)

The entire parcel of real property converted or to be converted into condominiums, as defined in section 24-466, including all structures thereon.

Convalescent home. An institution where nursing, dietary and other personal services are rendered to convalescents, but excluding mental cases and cases of contagious or communicable diseases and excluding surgery or primary treatment. Convalescents are persons who are gradually recovering health after an illness; or persons requiring post-operative attention.

Coordinated entry system shall mean a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

Court. Any portion of the interior of a lot or building site which is wholly or partially surrounded by buildings, and which is not a required front, side or rear yard.

Dance, cabaret. Any dance or dancing held or engaged in at any place or premises licensed by the state to sell, serve or dispense intoxicating liquor for consumption in or at such place or premises.

Dance or dancing schools. The teaching of dancing in any room or building where food is not served as a normal part of its operation and the hours of operation do not extend beyond 10:00 p.m.

Day care center. Any child day care facility, licensed by the State of California, other than a family day care home, and includes infant care centers, preschools, and extended day care facilities.

Density. The number of dwelling units per acre unless otherwise specified within this chapter.

Dog-proof fence. A fence six (6) feet high of heavy gauge chain link, masonry block, or comparable weatherproof material, or a combination thereof, with a footing which is at least four (4) inches wide and twelve (12) inches deep, below grade.

Dump or sanitary landfill. An area devoted to the disposal of refuse, including incineration, reduction or dumping of ashes, garbage, combustible or noncombustible refuse, offal or dead animals.

Dwelling. A building or portion thereof designed and used exclusively for residential purposes and occupancy, with exception of permitted home occupations, including single family, and multiple dwellings, but shall not include hotels or motels.

Dwelling unit. One (1) or more rooms in a dwelling or apartment house designed for occupancy by one (1) family or similar household unit for living or sleeping purposes, and having only one (1) kitchen.

Dwelling, single-family. A detached building designed exclusively for occupancy by one (1) family or similar household unit and containing one (1) dwelling unit.

Dwelling, multiple. A cluster of attached or detached dwelling units.

Efficiency units. Also known as single-room occupancy (SRO) residential hotels. A facility that contains five (5) of more guestrooms containing no more than four hundred (400) square feet of habitable space.

Emergency shelters (homeless). A facility that provides immediate and short-term housing, limited to occupancy of six (6) months or less, to homeless persons or families on a first-come, first serve basis where the individual(s) must vacate the facility each morning and have no guaranteed bed for the next night. The facility may offer minimal supplemental supportive services that may include counseling, food, and access to social programs. No individual or household may be denied emergency shelter because of an inability to pay (consistent with Section 50801(e) of the California Health and Safety Code).

Entertainment, live (in conjunction with a commercial use). Any performance conducted in conjunction with and accessory to a commercial use including, but not limited to, live bands or performances, public singing (for karaoke, see separate definition), and similar activities.

Family. Family means an individual or group of individuals, related or unrelated, living together as a single housekeeping unit, including necessary servants. A family does not include institutional group living situations such as a residential facility, rest home, dormitory, or similar use, nor does it include such commercial group living arrangements such as a roominghouse, motel, hotel, or similar uses.

Family day care home. A home, licensed by the State of California, which regularly provides care, protection and supervision of children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and includes the following:

(1)

Large family day care home which means a home which provides family day care to nine (9) to fourteen (14) children, inclusive, including children who reside at the home.

(2)

Small family day care home which means a home which provides family day care to eight (8) or fewer children, including children who reside at the home.

Floor area ratio (FAR). The total gross floor area included within the surrounding exterior walls of all buildings on a lot divided by the area of the lot.

Foster family. Any family residence, noninstitutional in character, providing twenty-four-hour care for not more than six (6) children under sixteen (16) years of age, as defined and licensed by or under the regulations of the department of social welfare of the state.

Foster home. Any family residence, noninstitutional in character, providing twenty-four-hour care for more than six (6) children under sixteen (16) years of age, as defined and licensed by the department of social welfare of the state.

Frontage. That portion of a lot having a common boundary with a public street.

Garage, private. An accessory building or an accessory portion of the main building designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building, having three (3) walls, a roof and a door.

Garage, public. A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale.

Garage, subterranean. A garage which is a portion of the main structure and so located that (a) all sides but the side which has the main entrance are enclosed by finished grades which are parallel to the garage ceiling and (b) the main entrance is not visible from a street.

Garbage. Every refuse accumulation of animal, fruit, vegetable or other putrescible matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowls, fruit, vegetables or grains. See also "solid waste," section 26-685.91.

Grade, average. The average of the finished grade at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the average grade shall be measured at the sidewalk.

Grade, existing. The surface of the ground as it exists prior to disturbance in preparation for a project regulated by this chapter.

Grade, finished. The manufactured surface of the ground as it exists after the completion of a project regulated by this chapter.

Grand opening event. A promotional event held for the purpose of advertising the original opening of a business, a reopening after closure, change in business name, or change in ownership, and completed within six (6) months of that opening or change.

Gross floor area. For residential developments, the area included within the surrounding exterior walls of a building or portion thereof. For nonresidential developments, the area included within the surrounding exterior walls of a building or portion thereof, exclusive of:

(1)

Shaft enclosure.

(2)

Courts.

(3)

Floor area space devoted entirely to heavy mechanical equipment (e.g., air conditioning unit).

(4)

Public restrooms.

(5)

Janitorial equipment room.

(6)

Any other facility common to a central service core.

Hospital, animal. An establishment in which veterinary services, clipping, bathing, boarding, and other services are rendered to dogs, cats, and other animals.

Hospital and sanitarium. An institution specializing in giving clinical, temporary and emergency services of a medical or a surgical nature to injured persons and patients other than persons suffering from a mental sickness, mental disease, mental disorder or mental ailment.

Hospital, mental. An institution licensed by state agencies under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders but not licensed to provide facilities and services in surgery, obstetrics and general medical practice. Establishments limiting services to juveniles below the age of five (5) years, and establishments housing and caring for cases of cerebral palsy are specifically excluded from this definition.

Hotel. A building where lodging in sleeping units or suites is available to the transient public and is provided with or without meals for compensation, all for the temporary use of a transient individual who remains as a guest of such establishment less than thirty (30) days, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under a legal restraint.

Indoor multi-tenant retail center and indoor swap meet. An indoor commercial area used to accommodate multiple vendors and/or multiple sales areas offering a variety of goods and/or services for sale wherein said sales areas are separated and/or distinguished from one another by means of (1) partitions, screens, walls, barriers, or similar physical devices; and/or (2) different business or sub-business names or other forms of identification as displayed on signs and/or as indicated on sales receipts.

Cross reference— Multi-tenant uses, § 26-598.

Institution. An establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups, or individuals.

Karaoke. A use whereby a song act is performed or participated in by one (1) or more persons when accompanied by audio and/or visual devices. Karaoke entertainment shall be permitted only when in conjunction with a bona fide eating place and when conducted in the main dining area or in an accessory lounge area open to the general public.

Kennel, boarding. The keeping or harboring at any one (1) time of one (1) or more dogs or cats as a business.

Kennel, hobby. The owning, keeping or harboring for show or breeding purposes of four (4) or more adult dogs or cats maintained on the same lot and incidental to the occupancy of the lot for residential purposes, but shall exclude boarding kennels.

Kitchen. Any room or any portion of a dwelling unit, guest house or accessory living quarter used, intended or designed to be used for cooking and/or preparing food, including but not limited to counter space, sink(s), microwave ovens, hot plates, refrigeration, and/or wet bars.

Lot as used in this chapter does not mean or include a condominium, but does include:

(1)

A parcel of real property when shown as a delineated parcel of land with a number or other designation on a plat recorded in the office of the county recorder; or

(2)

A parcel of land, the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the subdivision map act of the state in the office of the county recorder;

(3)

A parcel of real property not delineated as in (a) or (b) above and containing not less than the prescribed minimum square footage required in the zone in which it is located and which abuts at least one (1) public street, an alley or a private easement determined by the commission to be adequate for purposes of access from a street, and provided further that before building improvements are erected upon such a lot or parcel the private easement right-of-way shall be improved to a standard not less than that defined by the city's specifications for a local street;

(4)

A parcel of land registered under the Land Title Law (Torrens Title), and held under separate ownership from adjacent property on the effective date of this chapter.

Lot area or parcel area. The total horizontal area within the boundary lines of a lot or parcel.

Lot, corner. A lot situated at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees.

Lot depth. The horizontal length of a straight line drawn from the midpoint of the front lot line and at right angles to such line connecting with a line intersecting the midpoint of the rear lot line and parallel to the front lot line. In the case of a lot having a curved front line the front lot line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line.

Lot, flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than twenty (20) feet in width at any point connecting the main building site area to the frontage street.

Lot, interior. A lot other than a corner lot or reversed corner lot.

Lot, key. The first lot to the rear of a reversed corner lot and whether or not separated by an alley.

Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

Lot line, rear. A lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two (2) or more lines, the following shall apply:

(1)

For a triangular or goreshaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line;

(2)

In the case of a trapezoidal lot the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line; or

(3)

In the case of a pentagonal lot the rear boundary of which includes an angle formed by two (2) lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

Lot line, side. Any lot boundary line not a front lot line or a rear lot line.

Lot, reversed corner. A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of such corner lot abuts.

Lot, through. A lot having frontage on two (2) parallel or approximately parallel streets.

Lot width. The horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines.

Low barrier shall mean best practices to reduce barriers to entry, and may include, but is not limited to, the following:

(1)

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

(2)

Pets;

(3)

The storage of possessions; or

(4)

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.

Low barrier navigation center shall mean a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

Membrane structure. A sheet of flexible material, fabric or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood or plastic or any other similar material. Membrane structures may be used as tents or to provide shelter or covering for storage of automobiles, boats, recreational vehicles, or other similar uses. Membrane structures include but are not limited to, prefabricated canopies ready-made for simple assembly, and canopies which are built, constructed or composed of parts joined together in some definite manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government-ordered aerial sprayings.

Mobile food vendor. Mobile food vendor shall mean any person or entity operating a vehicle, trailer, cart, wagon bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation and which is required to be registered with the California Department of Motor Vehicles, that offers the sale of food or beverages. This does not include food caterers providing services for private events and ice cream trucks selling exclusively ice cream products from a motor vehicle.

Mobile home park. Any area used to accommodate one (1) or more mobile homes.

Motel. A group of attached buildings containing individual sleeping units or suites available to the transient public for compensation where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients where such an individual remains as a guest of the establishment less than thirty (30) days; and such words of this definition shall include motor lodges.

Nonconforming building. A building, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this chapter to it, no longer conforms to the development standards of the zone in which it is located.

Nonconforming use. A use which was lawfully established and maintained but which, because of the application of this chapter to it, no longer conforms to the use regulations of the zone in which it is located.

Permanent make-up. The business of inserting pigment under the surface of the skin in the facial area by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. The application of permanent make-up is intended to principally consist of, but not necessarily limited to, the application of permanent eyeliner, eyebrows, lip liner, lip color, and beauty marks.

Planning director. The planning director, city planner, or his or her designee.

Pool bathroom or detached bathroom. A bathroom that is detached and incidental to the house for the purpose of use by individuals outside the house and having only an exterior entrance to access the bathroom.

Porte cochere. A porch roof projecting over a driveway at the entrance to a building and sheltering those getting in or out of vehicles.

Recreational center (private). Any use, on a site or enclosed in a building, that is operated by private enterprise and open to the public to provide recreation services or facilities, such as but not limited to tennis, racquetball, skateboard courses, and is not listed separately in section 26-597 as a use allowed by right or with a conditional use permit, such as billiard parlors, bowling alleys, dance halls, game arcades, golf courses, gymnasiums, race tracks, skating rinks, slot cars and theaters.

Religious facility. Includes, but is not limited to, any building, structure, or place intended to be used primarily or exclusively by a religious body or organization for religious uses, including but not limited to: worship, religious meetings, study of religious texts, spiritual retreats, religious counseling, or other purposes connected with the body or organization's formal or informal system of beliefs and faith.

Rest home. A facility in which nursing, dietary and other personal services are furnished to invalids and aged persons; but in which are kept no persons suffering from a mental sickness, mental disease, mental disorder or mental ailment or from a contagious or communicable disease, and in which are performed no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals or in which no person are kept or served who normally would be admittable to a mental hospital.

Retail uses. A use wherein goods or articles are sold directly to the consumer.

Roominghouse. A residence or dwelling, other than a hotel, motel or rest home, wherein either three (3) or more rooms are rented, or housing is provided to three (3) or more individuals, under three or more separate written or oral rental agreements, lodger agreements, leases or subleases or combination thereof, regardless of whether the owner, agent or rental manager resides within the residence.

Rubbish. Discarded bottles, cans, jars, scrap metals, paper, wood, glass, crockery, rags, garden and lawn trimmings, and other normal refuse except garbage as defined in section 26-63.

Sanitarium. See "hospital."

Schools, elementary, junior high and high. Institutions of learning which offer instruction in the several branches of learning and study required to be taught in the public schools by the education code of the state.

Senior citizen housing. Projects designed only for senior citizen and handicapped housing.

Service station. A use where one (1) of the primary functions is the retail sale of motor fuel for motor vehicles. In addition, a service station may offer and consist of minor sales, services and facilities. See article XII, division 4 of this chapter for permitted and prohibited sales, services and facilities.

Sign shop. A commercial space dedicated to the production of identification, advertising, and other signs (including banners). Sign shops are considered retail/service uses unless they include operations producing noise, dust, smoke, odor, or other irritants, such as but not limited to metal working, screen printing, casting, glass-working, outdoor storage of materials, or other industrial processes incompatible with a retail or mixed-use district. Such a business shall be classified as a "sign shop, industrial."

Single apartment. One (1) room and bath, with cooking facilities in a multiple dwelling.

Stable, private. A detached accessory building in which horses owned by the occupants of the premises are kept, and in which no horses are kept for hire or sale.

Stable, public. A stable other than a private stable.

Stand. A structure for the display and sale of products with no space for customers within the structure itself.

State freeway. Any section of a state highway which has been declared to be a freeway by resolution of the California Highway Commission pursuant to section 100.3 of the Streets and Highways Code.

Stock cooperative shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.

Storage container. Any portable or movable structure or container, constructed of varied materials including metal, wood, plastic or synthetic substances, or any combination thereof, which is designed and intended for the storage or transport of items, goods, clothing, furniture, equipment or materials, etc. Storage containers that have been permanently fixed to a location on the ground shall still be deemed to meet this definition. Storage containers do not include nonhabitable structures of less than one hundred twenty (120) square feet as described in section 26-405.5(a).

Storage lot. A site devoted to the commercial outdoor or indoor storage (mini-warehouses) of goods and vehicles.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, garage, or unused underfloor space is more than six (6) feet above finished grade for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above the finished grade at any point, such basement, cellar, garage, or unused underfloor space shall be considered as a story.

Street. A public thoroughfare which affords primary means of access to abutting property.

Street line. The boundary line between a street and the abutting property.

Street, side. A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.

Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height.

Structural alteration. Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.

Supportive housing shall mean 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.

Tattooing. The business of inserting pigment under the surface of the skin by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. This definition is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of his practice. Tattooing does not include application of permanent makeup that is performed as an incidental service in a beauty shop.

Theme shopping use. Retail uses sharing the same facility and selling merchandise similar in characteristics and related in kind, including but not limited to antique malls, jewelry marts, and other uses identified by the planning director.

Trailer park and public camp. Any area or tract of land used or designed to accommodate two (2) or more automobile trailers or two (2) or more camp parties, including tents or other camping outfits and including trailer camps as defined by law.

Unattended business. A business which does not have an attendant or other representative of the owner of the business on the premises at all times during which the business is open to the public.

Use. The purpose for which land a building is arranged, designed or intended, or for which either is or may be occupied or maintained.

Vehicle definitions (for zoning purposes only).

Commercial vehicle. A vehicle of a type required to be registered under the State Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.

Inoperable vehicle. Any vehicle (whether partially or fully assembled) in a state of being immobile, unlicensed, or otherwise unable to legally perform its design function on public streets.

Gross vehicle weight. The maximum weight in pounds of the chassis of a truck or truck tractor with full payload as authorized by the chassis manufacturer.

Motor vehicle. A self-propelled vehicle used for the transportation of people or goods on streets.

Passenger vehicle. A motor vehicle designed to carry ten (10) persons or less including the driver. Passenger vehicle also includes motor vehicles designed to carry ten (10) persons or less that are constructed either on a truck chassis or with special features for occasional off-road use. Passenger vehicle includes vehicles commonly called cars, minivans, passenger vans, and sport-utility vehicles. Passenger vehicle is intended to cover the vehicles defined as passenger cars and multipurpose passenger vehicles by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Chapter V, Section 571.3.

Recreational vehicle. A vehicle, with or without motive power which is for human occupancy on an intermittent basis, excluding boats. Recreational vehicle is divided into two (2) categories as follows:

Motor home. A motorized vehicle designed for human occupancy on an intermittent basis. A pickup or other truck with a camper mounted on the back is considered to be a motor home. A pickup or other truck with a camper shell (i.e., a fiberglass or aluminum shell used strictly to cover or enclose a truck bed) mounted on the back of such vehicle is not considered to be motor home or recreational vehicle.

Accessory recreational vehicle. Any nonmotorized vehicle designed for human occupancy on an intermittent basis, such as a vacation trailer or fifth-wheel trailer.

Recreational equipment and trailers. Recreational vehicles designed for off-road use, such as off-road vehicles, motorcycles, dune buggies, and recreational boats and watercraft and trailers to accommodate them. Recreational equipment mounted or placed on an appropriate trailer are deemed as one (1) vehicle.

Truck. A motor vehicle designed primarily for the movement of property or special purpose equipment, or a motor vehicle designed to carry more than ten (10) persons. Truck includes vehicles commonly called trucks, pickups, vans, cargo vans, buses, motor homes, and other similar vehicles. Truck is intended to cover the vehicles defined as trucks and buses by the National Highway Traffic Safety Administration, in Title 49 of the Code of Federal Regulations, Chapter V, Section 571.3. Pickup trucks, passenger vans, and cargo vans are defined below.

Pickup truck. A truck with a manufacturer's gross vehicle weight rating of less than eleven thousand five hundred (11,500) pounds, which is equipped with an open flat, stake, or box-type bed not exceeding nine (9) feet in length. "Pickup truck" includes a motor vehicle otherwise meeting the above definition that is equipped with a bed-mounted storage compartment unit commonly called a "utility body."

Passenger van. A vehicle commercially available in configurations with seating for up to fifteen (15) passengers, with a single rear axle and single rear wheels, and with a gross vehicle weight of less than ten thousand (10,000) pounds.

Cargo van. A vehicle otherwise available as a passenger van (as defined above) but without its normal passenger seating and often without windows.

Tow truck. Motor vehicles specifically equipped to tow or otherwise transport passenger cars or trucks are considered either medium or heavy trucks, as appropriate.

Medium truck. A truck or similar vehicle, other than a pickup truck, passenger van, or cargo van, with a single rear axle and single or dual rear wheels. Truck tractors are in the heavy truck category.

Heavy truck. A truck, including a truck tractor, and similar vehicles with two (2) or more rear axles.

Utility trailer. A vehicle designed to be pulled by a motor vehicle which is used to carry property, trash, or special equipment and that is sixteen (16) feet or less in length. Utility trailers that are longer than sixteen (16) feet in length are considered commercial vehicles.

Vehicle. A device by which any person or property may be drawn or moved over a distance by way of a street, excepting devices moved by human power.

Vehicle code. The Vehicle Code of the State of California. Where operation of vehicles on streets is concerned, the definitions in the vehicle code shall apply rather than those delineated here.

Yard. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front. A required yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line and a line parallel thereto on the lot or parcel of land. Said distance shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a precise plan for such a street, and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition.

Yard, rear. A required yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.

Yard, side. A required yard extending along the full length of the lot or parcel of land from the rear line of the required front yard to the required rear yard. The width of the required side yard shall be a specified horizontal distance measured from, and at right angles to, the nearest point of a side lot line toward a line parallel thereto.

(Code 1960, §§ 10101.02, 10101.04, 10101.06, 10101.08, 10101.10, 10101.12, 10101.14, 10101.16, 10101.18, 10101.20, 10101.22, 10101.24, 10101.26, 10101.28, 10101.32, 10101.36, 10101.38, 10101.40, 10101.42, 10101.44, 10101.46, 10101.48, 10101.50, 10101.52, 10101.54, 10101.55, 10101.56, 10101.58, 10101.64, 10101.70, 10101.72, 10101.74, 10101.76, 10101.78, 10101.80, 10101.82, 10101.84, 10101.86, 10101.88, 10101.90, 10101.92, 10101.94, 10101.96, 10101.100, 10101.102, 10101.104, 10101.106, 10101.108, 10101.110, 10101.112, 10101.116, 10101.118, 10101.120, 10101.122, 10101.123, 10101.124, 10101.126, 10101.128, 10101.130, 10101.132, 10101.134, 10101.136, 10101.138, 10101.140, 10101.142, 10101.144, 10101.146, 10101.148, 10101.150, 10101.152, 10101.154, 10101.156, 10101.158, 10101.160, 10101.161, 10101.162, 10101.164, 10101.166, 10101.168, 101.170, 101.172, 10101.174, 10101.176, 10101.178, 10101.180, 10101.182, 10101.184, 10101.186, 10101.188, 10101.190, 10101.192, 10101.196, 10101.198, 10101.200, 10101.202, 10101.204, 10101.206, 10101.208, 10101.210, Ord. No. 1333, § 1, 4-25-77; Ord. No. 1392, § 1, 8-14-78; Ord. No. 1418, § 1, 12-26-78; Ord. No. 1458, § 1, 12-10-79; Ord. No. 1488, § 1, 8-25-80; Ord. No. 1553, § 2, 7-12-82; Ord. No. 1557, § 2, 9-27-82; Ord. No. 1570, § 1, 1-10-83; Ord. No. 1616, § 1, 2, 12-12-83; Ord. No. 1625, §§ 2, 4, 5, 2-13-84; Ord. No. 1650, § 1, 11-13-84; Ord. No. 1768, § 2, 2-22-88; Ord. No. 1774, § 1, 3-14-88; Ord. No. 1779, § 2, 5-23-88; Ord. No. 1847, § 2, 5-29-90; Ord. No. 1855, § 2, 8-13-90; Ord. No. 1857, § 2, 8-27-90; Ord. No. 1858, § 2, 9-24-90; Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 1950, § 1, 12-20-94; Ord. No. 1976, § 2, 8-20-96; Ord. No. 1981, § 2, 12-17-96; Ord. No. 2007, § 1, 11-4-97; Ord. No. 2009, § 1, 12-16-97; Ord. No. 2019, § 1, 8-4-98; Ord. No. 2020, § 1, 9-1-98; Ord. No. 2023, § 1A., 10-20-98; Ord. No. 2028, § 3, 2-16-99; Ord. No. 2029, § 3, 3-16-99; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2031, § 3, 4-20-99; Ord. No. 2086, § 2(Exh. A), 7-16-02; Ord. No. 2103, § 3, 7-1-03; Ord. No. 2130, § 2, 3-1-05; Ord. No. 2156, § 3(Exh. A), 11-21-06; Ord. No. 2159, § 3(Exh. A), 4-3-07; Ord. No. 2184, § 3(Exh. A), 12-16-08; Ord. No. 2196, § 3(Exh. A(4)), 9-1-09; Ord. No. 2204, § (3(Exh. A), 2-16-10; Ord. No. 2222, § 2(Exh. A, § 1), 10-18-11; Ord. No. 2239, § 2(Exh. A), 12-4-12; Ord. No. 2260, § 3(Exh. A), 7-1-14; Ord. No. 2316, § 1(Exh. A), 5-2-17; Ord. No. 2469, § 2, 2-4-20; Ord. No. 2506 , § 4, 12-6-22)