The following words and phrases, when used in this Article, shall, for the purpose of this Title, have the meanings respectively ascribed to them in this Section.

(Ord. No. 8, Amended, 03/14/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Amended, 08/14/85; Ord. No. 65, Amended, 11/08/86; Ord. No. 74-U, Amended, 10/14/87; Ord. No. 116, Amended, 07/10/91; Ord. No. 199, Amended, 12/11/91; Ord. No. 123, Amended, 04/08/92; Ord. No. 129, Amended, 12/09/92; Ord. No. 131, Amended, 04/13/93; Ord. No. 133, Amended, 11/10/93)

ACCESSORY DWELLING UNIT OR ADU
"Accessory Dwelling Unit" or "ADU" means a residential dwelling unit that satisfies all of the following criteria: (1) is located on a lot with a proposed or existing primary residence; (2) is attached to such primary residence ("attached ADU") or is detached from such primary residence ("detached ADU"); and (3) provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. The term ADU also includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007.

ACCESSORY STRUCTURE
"Accessory structure" means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

ACCESSORY USE
"Accessory use" means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

ADULT ENTERTAINMENT BUSINESS OR ADULT BUSINESS
"Adult entertainment business" or "adult business" means any of the following:

1.

Adult Arcade. An "adult arcade" is an establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

2.

Adult Cabaret. An "adult cabaret" is an establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any semi-nude person.

3.

Adult Motion Picture Theater. An "adult motion picture theater" is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

4.

Adult Retail Store. An "adult retail store" is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.

5.

Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

ADULT ENTERTAINMENT MATERIAL
"Adult entertainment material" means any audio-tape, book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

ADULT ENTERTAINMENT MERCHANDISE
"Adult entertainment merchandise" means paraphernalia, such as, but not limited to: dildos; vibrators; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. "Adult entertainment merchandise" shall not include birth control devices.

ALTERNATIVE TRANSPORTATION
"Alternative Transportation" means the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

AMUSEMENT FACILITY
"Amusement facility" means an establishment, open to the public, which contains as a primary use five (5) or more coin- or token-operated games, and/or similar entertainment and amusement devices.

ANTENNA
"Antenna" means one or more rods, poles, panels, discs or similar devices used for the transmission or reception of radio frequency signals. This definition includes omni-directional antennas (whip), directional antennas (panel) and parabolic antennas (disc). This definition does not include any mast designed and constructed for the specific purpose of supporting an antenna.

ANTENNA, AMATEUR RADIO
"Amateur radio antenna" means any radio antenna addressed by the September 19, 1985, Federal Communications Commissions ruling referenced as Matter of Federal Preemption of State & Local Regulations Pertaining to Amateur Radio Facilities, 101 F.C.C. 2d 952, 50 Fed. Reg. 38, 813 (1985).

ANTENNA, SATELLITE EARTH STATION
"Satellite earth station antenna" means a parabolic or dish-shaped antenna or other apparatus or device that is designed for the purpose of receiving or transmitting signals for voice, video or data.

ANTI-DRAIN VALVE
"Anti-drain valve" or "check valve" means a valve located in a lateral or under a sprinkler head to hold water in the system so it minimizes drainage from the lower portions of the system.

APARTMENT
"Apartment" means two (2) or more dwelling units each with one or more rooms with private bath and kitchen facilities comprising an independent rental unit which cannot be individually owned.

APPLICATION RATE
"Application rate" or precipitation rate" means the depth of water applied to a given area, usually measured in inches per hour.

AUTOMATIC CONTROLLER
"Automatic controller" means a mechanical or solid state timer, capable of operating control valves. Usually capable of setting the frequency or days and length of time of a water applications.

AWNING
"Awning" means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

BEDROOM
"Bedroom" means a private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom.

BILLING UNIT
"Billing unit" means one hundred (100) cubic feet of water (seven hundred forty-eight (748) gallons) and is the unit of volume for water used by Las Virgenes Municipal Water District as a basis for charging its customers. Water use at all sites shall be defined on the basis of billing units per year or billing period.

BUILDING
"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

BUILDING, SINGLE-PURPOSE
"Single-purpose building" means a building used by one occupant for an individual business.

BUILDING, PRINCIPAL
"Principal building" means a building in which is conducted the principal use of the lot on which it is located.

BUSPOOL
"Buspool" means a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

CELLAR
A space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6½) feet.

CHANGE OF USE
"Change of use" means a discontinuance of a use and the substitution therefore of a different use or no use.

CHARACTERIZED BY AN EMPHASIS UPON
"Characterized by an emphasis upon" means the dominant or essential theme of the object described by such phrase.

CHURCH
"Church" means a building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.

CITY
"City" means the City of Westlake Village.

CITY COUNCIL
"City Council" means the City Council of the City of Westlake Village.

CLUB
"Club" means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

COMMISSION
"Commission" means the Planning Commission of Westlake Village, or the City Council if no Planning Commission has been appointed.

COMPATIBLE
"Compatible" means that which is harmonious with and similar to surrounding buildings and/or uses.

COMPLEX, COMMERCIAL OR INDUSTRIAL
"Commercial or industrial complex" means a group of two (2) or more businesses which function together as an integral unit on a single parcel or separate parcels and which businesses utilize common off-street parking or access.

CONCESSION OR INCENTIVE
"Concession or incentive" means any of the following:

1.

A reduction in site development standards or a modification of zoning ordinance requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in California Health and Safety Code Section 18901 et seq. including without limitation a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required.

2.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3.

Other regulatory concessions or incentives proposed by the developer or the City that result in identifiable and actual cost reductions.

CONDOMINIUM
"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.

Such estate may, with respect to the duration of its enjoyment, be either: (1) an estate of inheritance of perpetual estate; (2) an estate for life; or (3) an estate for years, such as a leasehold or a subleasehold.

CONDOMINIUM ASSOCIATION
"Condominium association" means the association which administers and maintains the common property and common elements of a condominium.

CONVERSION FACTOR
"Conversion factor" means a number that converts values from one unit to another. Conversion factors used in this document are:

0.00083 = (inches)/(12 inches per foot)/(100)
Converts acre-inches to billing units.

0.62 = (325,851 gallons/43,560 square feet)/12 inches Converts acre-inches to gallons.

43.560 Converts acres to square feet or ft. ²

7.48 Converts ft. ³ to gallons.

325,829 = (43,560 ft. ² )(7.48 gallons/ft. ³ )
Converts acre foot to gallons.

748 = (7.48 gallons/ft. ³ )(100) Converts billing unit (abbreviated CCF or HCF) or 100 ft. ³ to gallons.

COUNCIL
"Council" means the City Council of the City of Westlake Village.

DAY CARE FACILITY
"Day Care facility" means a State-licensed establishment providing care or supervision on a less than twenty-four (24) hour-per-day basis for children under eighteen (18) years of age and/or the elderly.

DAY CARE HOME, LARGE FAMILY
"Large family day care home" means a home which regularly provides care, protection, and supervision of nine (9) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home, in the provider's own home for periods of less than twenty-four (24) hours a day, while the parents or guardians are away.

DAY CARE HOME, SMALL FAMILY
"Small family day care home" means a home which regularly provides care, protection, and supervision of eight (8) or fewer children, including children under the age of ten (10) years who reside at the home, in the provider's own home for periods of less than twenty-four (24) hours a day, while the parents or guardians are away.

DEVELOPER
"Developer" means a person who is ultimately responsible for the planning, design and construction of a development project.

DEVELOPER INSTALLED LANDSCAPING
"Developer installed landscaping" means landscaping installed by a builder in conjunction with construction of a house. Developer installed landscaping shall not include landscaping installed by an owner/occupant builder in conjunction with the construction or remodeling of a single-family residence.

DEVELOPMENT
"Development" means the construction or addition of new building square footage.

DIRECTOR
"Director" means the Planning Director of the City of Westlake Village.

DISABLED PERSON
"Disabled person" means a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.

DRIPLINE
"Dripline" means a vertical line extending from the outermost portion of a tree canopy to the ground.

DRY CLEANING, COMMUNITY SERVING RETAIL
"Dry Cleaning, Community Serving Retail" means any premises, equipped to perform the service of dry cleaning as defined in the California Business and Professions Code whose sales are made directly to residential customers.

DWELLING
"Dwelling" means a structure or portion thereof which is used exclusively for human habitation.

DWELLING, MULTIFAMILY
"Multifamily dwelling" means a dwelling containing two or more dwelling units other than apartments.

DWELLING, SINGLE-FAMILY
"Single-family dwelling" means a building containing one dwelling unit constructed entirely on-site, or a unit constructed and/or assembled off-site, including mobile homes manufactured and certified under the National Mobile Home Construction and Safety Standards Act of 1974 and located on a permanent foundation system approved by the Building Department.

DWELLING UNIT
"Dwelling Unit" means one or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. A dwelling unit may not contain more than one kitchen.

DWELLING UNIT, EFFICIENCY
"Efficiency dwelling unit" means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitation facilities.

EASEMENT
"Easement" means an interest in the land of another which entitles the owner of the easement to the limited use or enjoyment of other's land.

ECOLOGICAL RESTORATION PROJECT
"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

EMERGENCY SHELTER
"Emergency shelter" means housing with minimal supportive services for persons experiencing homelessness that is limited to occupancy of six (6) months or less by a person experiencing homelessness.

EMPLOYEE HOUSING
"Employee housing" means housing to accommodate six (6) or fewer employees and accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved. Employee housing is a residential land use designation and deemed a single-family structure. Employee housing is not included within the definition of hotel, motel, or other similar term that implies the employee housing is a business run for profit and differs in any other way from a family dwelling.

EMPLOYEE PARKING
"Employee Parking" means the portion of total required parking at a development assumed to be used by on-site employees. If Chapter 9.19 requires a designated number of spaces per employee for a certain use, then such spaces shall be considered "Employee Parking." However, if Chapter 9.19 does not require a designated number of spaces per employee for a certain use, then "Employee Parking" shall be calculated as follows:

ESTABLISHED LANDSCAPE
"Established landscape" means a landscape planting in which the plants have developed a substantial portion of their root structure into the native soil.

ESTABLISHMENT PERIOD
"Establishment period" means the first year after installing the plant in the landscape.

EXTERIOR MODIFICATION
"Exterior modification" means changes or additions to the exterior facade of a building or structure excluding roofs. However, replacement of materials with the same type of materials as previously used is not considered an exterior modification.

FACADE
"Facade" means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

FAIR HOUSING LAWS
"Fair Housing Laws" means the Fair Housing Act (42 U.S.C. § 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and the California Fair Employment and Housing Act (Government Code § 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.

FAMILY
"Family" means one or more individuals occupying a dwelling unit and living as a single household unit.

FENCE
"Fence means an artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

FLOOR AREA, GROSS
"Gross floor area" means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, vehicular maneuvering areas, or any space where the floor-to-ceiling height is less than six (6) feet.

FLOOR AREA RATIO (F.A.R.)
"Floor Area Ratio" means the numerical value obtained through dividing the above ground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.

FRONTAGE, BUILDING
"Building frontage" means those sides of a building which face upon a public or private street or parking area between such building and the street. Where a building has two (2) frontages, the frontage containing the principal entrance of the building shall be designated as building frontage.

GARAGE
"Garage" means the enclosed portion of a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

GARAGE SALE
"Garage Sale" means any sale held in the garage or adjacent area of any residentially zoned property, no more than once per calendar year per dwelling unit, for the purpose of selling, trading, or otherwise disposing of previously used and unwanted household furnishings, personal goods, or similar tangible properties. Any sale in excess of one sale per calendar year per dwelling unit shall not be considered a garage sale, and shall be considered a prohibited commercial use of property.

GENERAL PLAN
"General Plan" means the City of Westlake Village General Plan, as required by California Government Code Section 65300.

GRADING
"Grading" means any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.

GRAPE STAKE
"Grape Stake" means a wooden (typically Cedar), rough split fence slat, from one inch to three (3) inches in width, and approximately one inch in thickness.

GUESTHOUSE
"Guesthouse" means detached living quarters on the same premises as a single-family residence for the temporary use of family members, guests or employees of the occupants of such residence, containing no kitchen facilities, including "wet bars," and not rented or otherwise used as a separate dwelling.

HEIGHT, BUILDING
"Building height" means the vertical distance measured from the average elevation of the finished grade at the building perimeter to the highest point of the roof but excluding unsubstantial architectural features.

HELIPORT
"Heliport" means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and/or cargo.

HOME OCCUPATION
"Home occupation" means any activity carried out for profit by a resident conducted as an accessory use anywhere on the resident's parcel.

HOTEL
"Hotel" means a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants and meeting rooms.

HOUSEHOLD
"Household" means a family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

HYDROZONE
"Hydrozone" means a portion of the landscaped area having plants with similar water needs. It may be irrigated or nonirrigated. When irrigated, a hydrozone is served by a valve or set of valves with the same schedule.

ILLEGAL NONCONFORMING BUILDING OR USE
The term "illegal nonconforming building or use" means a building or use which does not conform to one or more of the provisions of this Article and did not lawfully exist on the effective date of applicable chapters of this Article.

INSTRUCTIONAL STUDIO/FACILITY
"Instructional studio/facility" means any building or part thereof which is used for the instruction of clients, in groups or individually, in the fields of art, dance, music, or martial arts, or is used for other professional, technical, academic or vocational training. A school shall not be considered to be an instructional studio/facility.

IRRIGATION WATER ALLOWANCE
"Irrigation water allowance" means the upper limit of annual applied water for the established landscaped area. It is based upon the locality's mean reference evapotranspiration, the Landscape Allocation Coefficient, and the size of the landscaped area.

JUNIOR ACCESSORY DWELLING UNIT OR JADU
"Junior Accessory Dwelling Unit" or "JADU" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

KENNEL
An establishment in which more than three (3) dogs or domesticated animals more than four (4) months old are housed, groomed, bred, boarded, trained or sold.

KITCHEN
"Kitchen" means a room or space within a building intended to be used for the cooking or preparation of food.

LANDSCAPE ALLOCATION COEFFICIENT
"Landscape allocation coefficient" is 0.8.

LIVING AREA
"Living area" means the interior inhabitable area of a dwelling unit, including basements and attics, but not garages or accessory structures.

LOGO
"Logo" means any symbol, picture, character, icon, monogram, word or group of words, which by nature of its shape, texture, color, type-style, proportion, or configuration is intended to serve as a business identification sign or a component thereof.

LOT
"Lot" means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

LOT AREA
"Lot area" means the total area within the lot lines of a lot, excluding any street rights-of-way.

LOT, CORNER
"Corner lot" means a parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

LOT COVERAGE
"Lot coverage" means that portion of the lot covered by buildings and structures.

LOT, FLAG
"Flag lot" means a lot or parcel of land taking access by a strip, owner of which lot or parcel of land has fee-simple title to the strip extending from the main portion of the lot or parcel of land to the adjoining parkway, highway, or street.

LOT FRONTAGE
"Lot frontage" means the length of the front lot line measured at the street right-of-way line.

LOT, INTERIOR
"Interior lot" means a lot other than a corner lot.

LOT LINE
"Lot line" means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

LOT LINE, FRONT
"Front lot line" means the lot line separating a lot from a public right-of-way or private street. In the case of a lot with more than one street frontage, the front lot line shall extend across the narrowest portion of the lot.

LOT LINE, REAR
"Rear lot line" means the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

LOT LINE, SIDE
"Side lot line" means any lot line other than a front or rear lot line.

LOT, REVERSED CORNER
"Reversed corner lot" means a corner lot, the street-side line of which is substantially a continuation of the front lot line of the first lot to its rear.

LOT WIDTH
"Lot width" means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

LOW BARRIER NAVIGATION CENTER
"Low barrier navigation center" means 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. "Low barrier" means best practices to reduce barriers to entry, and may include, without limitation, 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; and/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.

MAJOR LIFE ACTIVITY
"Major life activity" means physical, mental, and social activities, such as: the operation of major bodily functions; seeing; hearing; eating; sleeping; walking; standing; sitting; reaching; lifting; bending; speaking; breathing; learning; reading; concentrating; thinking; communicating; interacting with others; and working.

MEZZANINE
"Mezzanine" means an intermediate floor placed in any story or room that does not exceed thirty-three and one-third (33 ⅓) percent of the total floor area in that room. The clear height above or below a mezzanine floor shall be not less than seven (7) feet.

MOBILEHOME
"Mobilehome" means a domicile transportable in one or more sections, designed and equipped to contain not more than two dwelling units, to be used with or without a permanent foundation system. "Mobilehome" does not include a recreational vehicle.

MOTEL
"Motel" means an establishment which provides transient accommodations and contains six (6) or more rooms with at least twenty-five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

MOTOR VEHICLE REPAIR FACILITIES
"Motor vehicle repair facilities" means any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.

MOTOR VEHICLE SALES FACILITIES
"Motor vehicle sales facilities" means the use of any building, premises or land for the display and sale of new or used automobiles, light trucks, vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.

MOTOR VEHICLE WASHING FACILITIES
"Motor vehicle washing facilities" means any building or premise or portions thereof used for washing motor vehicles.

NET AREA
"Net area" means an area of land exclusive of public street or alleys or land dedicated or offered for streets or alleys. That portion of a highway easement or private street easement shown on an alternate cross section pursuant to Article 10 of the Municipal Code (Subdivisions) shall be included in the net area.

NIGHT CLUB
"Night club" means an establishment operating during evening hours which primarily offers live entertainment or dancing and which may serve food or drink.

NONCONFORMING LOT
"Nonconforming lot" means a lot, the area, dimensions or location of which was lawful prior to the effective date of this Article, or any amendment thereto, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

NONCONFORMING SIGN
"Nonconforming sign" means a sign which lawfully existed prior to the effective date of this Article, or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended Article.

NONCONFORMING STRUCTURE OR BUILDING
"Nonconforming structure or building" means a structure or building which was lawful prior to the effective date of the Article, or any amendment thereto, but which fails by reason of such adoption or amendment, to conform to the present requirements of the zoning district.

NONCONFORMING USE
"Nonconforming use" means a use or activity which was lawful prior to the effective date of this Article, or any amendment thereto, but which fails by reason of such adoption or amendment, to conform to the present requirements of the zoning district.

NURSERY SCHOOL
"Nursery school" means a school for pre-elementary school age children which provides controlled activities and instruction.

NURSING HOME
"Nursing home" means a facility licensed to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

OAK TREE
"Oak tree" means Valley Oak (Quercus lobata), Coast Live Oak (Quercus agrifolia) or any other tree of the oak genus.

ON SITE
"On site" means located on the lot that is the subject of discussion.

OUTDOOR STORAGE
"Outdoor storage" means the keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four hours. As used here, "unenclosed" means not screened from view by a solid wall or fence at least eight feet in height.

OVERSPRAY
"Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas.

PERMITTED USE
"Permitted use" means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PHYSICAL OR MENTAL IMPAIRMENT
"Physical or mental impairment" means any physiological disorder or condition and any mental or psychological disorder, including: orthopedic, visual, speech and hearing impairments; cosmetic disfigurement; anatomical loss; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; intellectual disabilities (formerly termed "mental retardation"); emotional or mental illness; learning disabilities; HIV disease (whether symptomatic or asymptomatic); tuberculosis; and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a physical or mental impairment.

PLANNING DIRECTOR
"Planning director" means the planning director of the City of Westlake Village.

PREFERENTIAL PARKING
"Preferential Parking" means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

PRINCIPAL BUILDING
"Principal building" means a building in which is conducted the principal use of the lot upon which it is situated. In a single-family residential district, any dwelling on a lot shall be deemed to be the principal building upon that lot.

PRINCIPAL USE
"Principal use" means the primary or predominant use of a lot.

PROCESSING
"Processing" means a series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.

PROFESSIONAL OFFICE
"Professional office" means the office of a member of a recognized profession maintained for the conduct of that profession.

PROJECT
"Project" means any commercial or industrial complex center or park, as well as residential developments other than one single-family residence.

PROPERTY OWNER
"Property owner" means the owner of a development who may serve as the lessor to a tenant.

RAIN SENSING DEVICE
"Rain sensing device" means a system which automatically shuts off the irrigation system when it rains.

REASONABLE ACCOMMODATION
"Reasonable accommodation" means any deviation requested and/or granted from the City's zoning laws, building code provisions, or other land use regulations, policies, or practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.

RECLAIMED WATER
"Reclaimed water" means tertiary treated waste water of quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption.

RECREATION ROOM
"Recreation room" means a detached structure on the same premise as a single-family residence. A recreation room shall be no more than three hundred (300) square feet in size, shall contain no kitchen facilities, including "wet bars," and shall not be rented or otherwise used as a separate dwelling.

RECREATIONAL AREA
"Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic that require additional water to maintain acceptable turf quality.

RECREATIONAL VEHICLE
"Recreational vehicle" means a motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area of less than two hundred (200) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

For purposes of this chapter, "recreational vehicles" shall also include dune buggies or motorcycles which are unlicensed for the street and all terrain vehicles, boats, and boat trailers, horse trailers, jet skis, and other similar equipment.

REFERENCE EVAPOTRANSPIRATION
"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given inches per unit of time (i.e., day, month or year). For purposes of this Article, an ETo factor of 51.0 shall be employed.

REGULAR AND SUBSTANTIAL COURSE OF CONDUCT
"Regular and substantial course of conduct" means that any of the following conditions exist:

1.

At least thirty (30) percent of the stock-in-trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

2.

At least thirty (30) percent of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

3.

The business presents live entertainment characterized by an emphasis upon specified sexual activities or featuring any semi-nude person on any four (4) or more separate days within any thirty (30) day period.

4.

The business presents non-live entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas on any four (4) or more separate days within any thirty (30) day period.

5.

At least thirty (30) percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

RESIDENTIAL CARE FACILITY
"Residential care facility" means a state authorized, certified or licensed family home or group care facility for twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails and other detention facilities.

RUN OFF
"Run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a slope.

SALE
"Sale" means the exchange of goods or property for money or some other consideration.

SCHOOL
"School" means any building or part thereof which is used for education or instruction at the elementary, secondary, and/or high school level, and which is financed by the public pursuant to Article 9, Section 5 of the California Constitution, or which is required to file reports pursuant to California Education Code Section 33190 or its successor.

SEMI-NUDE
"Semi-nude" means a state of dress in which opaque clothing covers no more of the torso than the genitals, pubic region, buttocks and female breast, as well as portions of the body covered by supporting straps or devices. "Semi-nude" for females shall include a state of dress consisting of a bikini or lingerie.

SENIOR CITIZEN
"Senior citizen" means an adult over sixty (60) years of age.

SERVICE STATION
"Service station" means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels.

SETBACK, FRONT
The term "front setback" means the distance between the public or private street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.

SIGN
"Sign" means any name, figure, painting, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance or any other thing of similar nature to attract attention outdoors or on the face, wall or window of any building, and shall include all parts, portions, units and materials composing the same, together with the frame, background, support and anchorage therefor which is visible from outside the property.

SIGN, CAN-STYLE MONUMENT
"Can-style monument sign" means an internally lighted, low profile ground sign, typically consisting of a metal box enclosure with translucent sign face(s) and text.

SIGN, DIGITAL
"Digital sign" means any sign that displays an electronically changeable message including images, symbols, videos, words, or any combination thereof.

SIGN, DIRECTIONAL
"Directional sign" means a sign that directs the flow of traffic at a site or transmits parking information about a site. Such sign may display the following words: "entrance," "enter," "in," "out," or other similar words, and may contain arrows or other characters indicating traffic directions, used either in conjunction with such words or separately. No directional sign shall contain any advertising or trade name identification.

SIGN FACE
"Sign face" means a single display surface.

SIGN FACE AREA
"Sign face area" means the total surface area computed by drawing intersecting straight lines which form the boundary of the area within which words, letters, figures, symbols, pictures or other attention-getting devices could be placed.

SIGN, FLASHING OR SCINTILLATING
"Flashing or scintillating sign" means any sign which by any method or manner of illumination either flashes on or off, winks or blinks with varying light intensity, shows motion or creates the illusion of motion, or revolves in a manner to create the illusion of being on or off.

SIGN, ILLUMINATED
"Illuminated sign" means any sign designed to emit or brightly reflect artificial light.

SIGN HEIGHT
"Sign height" means the distance measured from the ground surface to the top surface of the sign.

SIGN, MONUMENT
"Monument sign" means a low-profile ground sign incorporating the design and building material of the primary use of the property.

SIGN, OUTDOOR ADVERTISING
"Outdoor advertising sign" means any sign directing public attention to a business, profession, product or service that is not the principal business, profession, product or service that is sold, manufactured, conducted or offered on the premises where such sign is erected or maintained. "Outdoor advertising sign" is synonymous with billboard.

SIGN, POLE
"Pole sign" means a sign that is placed in the ground or has as its primary structural support one or more columns, poles, uprights or braces in or upon the ground and not attached to any building.

SIGN, PORTABLE
"Portable sign" means any movable sign not permanently attached to the ground or to a building.

SIGN PROGRAM
"Sign program" means a program for sign uniformity at a commercial, industrial, or public/institutional complex.

SIGN, PROJECTING
"Projecting sign" means a sign which is attached to and projects from the structure of building face, and is not parallel to the structure or building to which it is attached.

SIGN, REVOLVING
"Revolving sign" means a sign or portion thereof which rotates, moves or appears to move in some manner by mechanical, electrical, natural or other means.

SIGN, ROOF
"Roof sign" means any sign erected, constructed or placed upon or over a roof of a building.

SIGN STRUCTURE
"Sign structure" means a structure existing, erected or maintained to serve as a stand, frame or other background for the support or display of signs. This definition is limited to freestanding structures which have the primary purpose of supporting a sign, except that a building or other structure upon which a sign is mounted shall be counted as a sign structure for the purpose of regulating the number of sign structures permitted.

SIGN, WALL
"Wall sign" means any sign posted, painted on, suspended from or otherwise affixed to the wall, window, parapet or roof fascia of any building or structure in an essentially flat position or with the exposed face of the sign in a plane approximately parallel to the plane of such wall, window, parapet or roof fascia; provided that, the sign shall not extend above the roof line or parapet of the building.

SIGN, WINDOW
"Window sign" means a sign placed in a window so as to be visible from outside of the building.

SINGLE-ROOM OCCUPANCY DWELLING UNIT
"Single-room occupancy dwelling unit" means a small dwelling unit, typically between two hundred (200) and three hundred fifty (350) square feet, restricted to occupancy by no more than two (2) persons and may include a kitchen and/or a bathroom, in addition to a bed.

SMOKING ESTABLISHMENTS
"Smoking establishment" means any establishment that, as part of normal operation, allows employees or patrons to engage in on-premises smoking of cigars, cigarettes, electronic cigarettes, hookahs, pipes (including water pipes), or similar items. For purpose of this definition, the term "on-premises" means indoors or outdoors within twenty-five (25) feet of an entrance to the facility, another business, or a residence. "Smoking establishment" includes a private smokers' lounge and a retail or wholesale tobacco shop as defined by Labor Code Section 6404.5.

SOLAR ENERGY SYSTEM
"Solar energy system" means any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, for water heating or for electricity.

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)
"South Coast Air Quality Management District" (SCAQMD) is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).

SPECIAL NEEDS HOUSING
"Special Needs Housing" means individual or group housing available to persons, who by virtue of income, circumstance or disability, require housing not otherwise available within the greater Westlake Village community. Such individuals and groups include low- and very low-income individuals and families, seniors of sixty two (62) years of age and older, individuals who due to age or disability require assisted living accommodations, and temporary accommodations for battered women, abused children, and others suffering similar adverse circumstances.

SPECIFIED ANATOMICAL AREAS
"Specified anatomical areas" means the following:

1.

Less than completely and opaquely covered human (a) genitals or pubic region; (b) buttocks; and (c) female breast below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

3.

Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) above.

SPECIFIED SEXUAL ACTIVITIES
"Specified sexual activities" means the following, whether performed directly or indirectly through clothing or other covering:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

2.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated;

4.

Excretory functions as part of, or in connection with, any of the other activities described in subsections (1) through (3) above.

SPRINKLER HEAD
"Sprinkler head" means a device which sprays water through a nozzle.

STORY
"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it, excluding cellars and mezzanines.

STRUCTURE
"Structure" means anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.

STUDENT HOUSING
"Student housing" means residential facilities, that may or may not contain cooking facilities, which are appurtenant to a school, and which exist for occupancy solely by the students of such school, and by employees of such school whose duties include an advisory and supervisory role for the students in residence.

SUBDIVISION - MAJOR
"Major subdivision" means a development of five (5) or more lots, parcels or units created for the purpose of sale, lease or finance.

SUBDIVISION - MINOR
"Minor subdivision" means a development of four (4) or less lots, parcels or units created for the purpose of sale, lease or finance.

SUPPORTIVE HOUSING
"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 the resident's health status, and maximizing the resident's ability to live and, when possible, work in the community.

TARGET POPULATION
"Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, 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 systems, individuals exiting from institutional settings, veterans, and persons experiencing homelessness.

TEMPORARY STRUCTURE
The term "temporary structure" means structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

TENANT
"Tenant" means the lessee of space at a development project.

TOWNHOUSE
"Townhouse" means one of a row of houses usually of the same or similar design with common side walls or with a very narrow space between adjacent side walls.

TRANSITIONAL HOUSING
"Transitional housing" means buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

TRANSPORTATION DEMAND MANAGEMENT (TDM)
"Transportation Demand Management (TDM)" means the alteration of travel behavior — usually on the part of commuters — through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

TRIP REDUCTION
"Trip reduction" means reduction in the number of work-related trips made by single occupant vehicles.

TURF
"Turf" means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm season grasses.

USE
"Use" means the purpose or activity for which land or a structure is designed, arranged or intended, or for which land or a structure is occupied or maintained.

VALVE
"Valve" means a device used to control the flow of water in the irrigation system.

VEHICLE
"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

WAREHOUSING
"Warehousing" means the storage of materials in a warehouse or terminal, where such materials may be combined, or separated for transshipment or storage purposes but the original material is not chemically or physically changed.

WHOLESALE TRADE
"Wholesale trade" means establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

WIRELESS TELECOMMUNICATIONS ANTENNA FACILITY
"Wireless telecommunications antenna facility" means an unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility or subterranean vault to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.

WIRELESS TELECOMMUNICATIONS SERVICES
"Wireless telecommunications services" means any personal wireless services as defined in the Telecommunications Act of 1996, including federally-licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future."

YARD
"Yard" means an open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this Title.

YARD, FRONT
"Front yard" means a space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Article.

YARD, REAR
"Rear yard" means a space extending across the full width of the lot between any building and the rear lot line, and measured perpendicular to the building at the closest point to the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Article.

YARD, SIDE
"Side yard" means a space extending from the front yard to the rear yard between any building and the side lot line measured perpendicular from the side lot line to the closet point of a building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Article.

ZONING CLEARANCE
"Zoning Clearance" means a ministerial certificate issued by the Planning Department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of the zone in which it is located, as well as all other applicable provisions of this Article. Such approval may require the submittal of a plot plan. Zoning clearances are not required for residential properties that involve interior modifications, minor exterior modifications; such as, windows, patios, roofs, etc.

(Ord. No. 48, Amended, 03/14/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Amended, 08/14/85; Ord. No. 65, Amended, 11/08/86; Ord. No. 74-U, Amended, 10/14/87; Ord. No. 116, Amended 07/10/91; Ord. No. 119, Amended, 12/11/91; Ord. No. 123, Amended, 04/08/92; Ord. No. 129, Amended, 12/09/92; Ord. No. 131, Amended, 04/14/93; Ord. No. 133, Amended, 11/10/93; Ord. No. 140-95, Amended 05/22/96; Ord. No. 145U-97, Amended, 1/8/97; Ord. No. 145-97, Amended, 2/12/97; Ord. No. 149-97, Amended, 7/30/97; Ord. No. 155-98, Amended 5/27/98; Ord. No. 160-99, Amended, 5/24/99; Ord. No. 166-00, Amended, 9/27/00; Ord. No. 181-02, Amended 01/8/03; Ord. No. 185-03, Amended, 07/23/03; Ord. No. 192-05, Amended, 3/9/05; Ord. No. 203-07, Amended, 12/12/07)

(Ord. No. 212-11, § 2, 4-27-2011; Ord. No. 228-13, §§ 1, 2, 12-11-2013; Ord. No. 229-13, §§ 2, 3, 12-11-2013; Ord. No. 234-14, § 1, 12-10-2014; Ord. No. 245-16, §;s 2, 3, 5-11-2016; Ord. No. 247-16, § 2, 1-25-2017; Ord. No. 252-17, § 2, 11-8-2017; Ord. No. 260-17, § 3, 1-10-2017); Ord. No. 260-17, § 3, 1-10-2017; Ord. No. 285-21, §§ 2, 3, 1-27-2021; Ord. No. 288-21, §§ 6—12, 9-28-2021)