Definitions.
"Abutting" means two or more parcels sharing a common boundary of a least one point.
"Abandoned" means to cease or suspend from developing or maintaining a building or use for a stated period of time.
"Access" mean safe, adequate, and usable ingress or egress to a property or use.
"Accessory structure" means a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
"Adjacent to" means properties that are next to each other sharing a common property line.
"Agricultural accessory structures" mean those uses and structures customarily incidental and subordinate to the agricultural use of the land, including: barns, storage sheds, corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm implements, irrigation, and crop-protection equipment; the storage and use of fuels for heating buildings and operating farm equipment or appliances; water and waste water treatment facilities and systems for private uses and structures which are determined by the Planning Director to be necessary, customary, and incidental to the agricultural use of the lot or parcel. Agricultural accessory uses shall not include construction equipment storage yards.
"Agricultural operations" means the cultivation and tillage of soil, dairying, the production, irrigation frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including timber, viticulture, agriculture, horticulture, the raising of livestock, fur-bearing animals, fish, or poultry, and any commercial practices incidental to, or in conjunction with, such agricultural operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
"Airport" means any area of land or water designated and set aside for the landing and taking off of aircraft and utilized in the interest of the public for such purposes, a map of which has been or is hereafter included as a part of the Zoning Map of the City of Woodlake.
"Airport elevation" means the elevation of the highest point on the usable or designed runway as established by the city engineer.
"Airport hazard" means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
"Airport reference point" means the point established at the approximate geographic center of the airport landing area and so designated.
"Alley" means a public way permanently reserved as a secondary means of vehicular access to abutting property.
"Alluvial fan" means a geomorphological feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash floodings, high velocity flows, debris flows, erosion, sediment movement and depositions, and channel migration.
"Alter" means to make any change in the supporting or load bearing members of a building, such as bearing walls, columns, beams, girders or floor joists, which will prolong the life of the structure.
"Amusement machine" means any mechanical or electronic machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance of or after use, involving in its use either skill or chance, including but not limited to a tape machine, card machine, pinball machine, bowling game machine shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, an electronic video game, or any other similar machine or device except for a billiard or pool table, music machine, or a merchandise vending machine.
"Ancillary use" means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
"Animal hospital" means a facility where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration.
"Annexation" means the incorporation of a land area into an exiting community with a resulting change in the boundaries of that community.
"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves, including antennas or towers used for transmitting or receiving television, radio, citizen's band or cellular phone communication. An antenna can be affixed to or supported by a roof or exterior wall of a building or other structure or an antenna can be ground mounted, which is supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground.
"Anti-drain valve (check valve)" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the low elevation sprinkler heads.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
"Application rate" means the depth of water applied to a given area, usually measured in inches per hour.
"Arcade" means a place of business having four or more amusement machines.
"Area of shallow flooding" means a designated AO or VO AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel doesn't exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Automatic controller" means a mechanical or solid timer, capable of operating valve stations to set the days and length of time of a water application.
"Backflow prevention device" means a safety device used to prevent pollution or contaminations of the water supply due to the reverse flow of water from the irrigation system.
"Balloon or blimp" means an airtight bag, possibly rigid or semi-rigid, which will rise and float above the earth when filled with hot air or gas.
"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-Year Flood"). Base flood is the term used throughout this title.
"Basement" means any area of the building having its floor subgraded - i.e., below ground level on all sides.
"Block" means the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or water course.
"Building" means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property of any kind.
"Building face" means the exterior surface of any building, regardless of frontage.
"Building frontage" means the building elevations facing a street, plaza or mall. Where the building contains multiple uses, it shall be linear frontage of that portions of the building between the occupancy separation walls.
"Bulletin board" means a permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals displaying the name of the institution, events conducted upon and/or services offered upon such premises.
"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship and which building, together with its accessory buildings, and uses, is maintained and controlled by a religious body organized to sustain public worship.
"Co-location" means the location of two or more wireless communication facilities on a single support structure. Co-location shall also include the location of wireless communication facilities with other facilities, including water tanks, light standards, and buildings.
"Combining districts" mean zones or geographical areas in Woodlake that may require special regulations or treatment due to unique features, resources or hazards. These districts may be combined with any district identified in this Ordinance. For purposes of identification, districts that are joined with a combining district shall be suffixed with the name of the combining district.
"Commercial accessory structures" mean those uses and structures incidental and subordinate to the commercial use of the land including: trash storage areas and bins; vending machines; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculptures, paintings, and other works of art; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; sales offices, showrooms and administrative offices; permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; and other accessory uses and structures which are determined by the Planning and Building Director to be necessary, customary and incidental to the commercial use of the land.
"Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business with or without personnel.
"Communication tower" means any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.
"Conditional use" means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this title and authorized by the planning commission. Requires a conditional use permit be obtained.
"Density bonus" means an increase in units of at least twenty-five (25) percent over the otherwise maximum allowable residential density under this title or Woodlake's land use element of the general plan.
"Developer incentives:"
1.
Reduce or eliminate standards contained in the Subdivision Ordinance or the City of Woodlake Standards and Specifications Manual.
2.
Reduce or eliminate ordinance requirements, including open space, lot size, setback, or parking standards.
3.
Reduce or eliminate any design requirements exceeding Uniform Building Code specifications.
"Development" means any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging , filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
"Development agreement" means a contract duly executed and legally binding between the City of Woodlake and a developer that delineates the terms and conditions agreed upon by the two parties.
"Dwelling" means a structure or portion thereof designed for or occupied for residential purposes whether for one family, several families, roomers or boarders, but for purposes of this definition specifically not to include automobile trailers, hotels, motels, labor camps, tents, railroad cars, converted, transit vehicles, mobile homes, except for the purposes of the MH district, or any type of temporary structure.
"Dwelling, multiple-family" means a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family.
"Dwelling, single-family" means a building containing one dwelling unit.
"Electric distribution substation" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.
"Electric transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at very high voltage from its source of generation by means of a network of high voltage lines, and where, by a means of transformers, said high voltage is transformed to a lower subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.
"Encroachment" means the advance or infringement of uses, plant growth, fill excavation, buildings, permanent structures or development into a floodplain which may impede or later the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured mobile home park or subdivision: means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Family" means an individual or two or more persons related by blood, marriage or adoption or a group of not more than five persons, not including servants, who need not be related by blood, marriage or adoption, living as a single housekeeping unit.
"Farm employee housing" means living quarters, including dwellings, sleeping accommodations and dining facilities, maintained for occupancy by persons employed principally in farming and related pursuits on land owned, leased or rented by the owner, lessee or tenant of the site on which the farm employee housing is located; excepting a labor camp and trailer park.
"Farming." See "agricultural operations."
"Flooding" means a general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the floodway.
"Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated the areas of flood hazards.
"Flood insurance rates map" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source.
"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving or enhancing, where possible, the natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
"Floodplain management regulations" mean other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term descried federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estates or improved real property, water and sanitary facilities, structures, and their contents.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Floodway encroachment lines" mean the lines marking the limits of floodways on federal, state and local floodplain maps.
"Floodway fringe" means that area of the floodplain on either side of the floodway where encroachment may be permitted
"Floor area, gross" means a sum of the gross horizontal areas, in square feet, of the several floors of a building, including interior balconies and mezzanines, but not including the horizontal area occupied by any wall, inner court or shaft enclosure.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Garage, private" means an accessory structure or a portion of a main structure used only for the storage of self-propelled passenger vehicles or trailers by families residing upon the premises; provided that not more than one-half of the space may be rented for the private passenger vehicles of persons not residing on the premises, except that all of the space in a garage of one or two car capacity may be so rented.
"Garage, repair" means a structure or part thereof other than a private garage where motor vehicles are repaired or painted.
"Garage, storage" means a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof.
"Guest house" means living quarters within an accessory structure for use by temporary guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.
"Highest adjacent grade" means the highest natural elevation of ground surfaces prior to construction next to the proposed walls of a structure.
"Home occupation" means any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part; which creates no additional vehicular or pedestrian traffic, requires no additional parking space, generates no noises audible beyond the site, causes no radio or television interference; where no persons are employed other than domestic help, and no mechanical equipment is used other than that necessary for domestic purposes; no materials, equipment and/or supplies are stored outdoors other than such storage normally associated with the residential use of the property. For purposes of this definition, the storage of not more than one ton capacity shall be deemed as normally associated with residential use the property.
"Hotel" means a structure or portion thereof in which there are individual guest rooms or suites, usually occupied on a transient basis, where lodging with or without meals is provided for compensation.
"Housing development" means One or more groups of residential projects that each have more than five units.
"Industrial accessory structures" means those uses and structures incidental and subordinate to the industrial use of the land including: loading and unloading facilities and equipment, parking areas and shipping terminals; water and waste water treatment facilities and systems; incidental services swishes cafeterias; storage facilities and garages, sales office, showrooms, and administrative offices; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; the storage of fully operative fleet vehicles, heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses and structures which are determined by the planning and building director to be necessary, customary and incidental to the industrial use of the land.
"Immediate family." Immediate family shall include spouse, parent or step-parent, brother or step-brother or half-brother, sister or step-sister or half-sister, child or step-child, or grandparents.
"Inherent problems" shall mean problems associated with agricultural operations, including but not limited to, noise, odors, dust, chemicals, smoke, and extended hours of operations.
"Institution" shall mean all governmental, religious, and charitable organizations.
"Junk yard" means a site or portion of a site which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and the like; excepting a site which such uses are conducted with a completely enclosed structure and excepting a motor vehicle wrecking yard as defined in this section. An establishment for the sale, purchase or storage of used cars of salvaged machinery in operable condition and the processing of used or salvage materials as part of a manufacturing operation shall not be deemed a junk yard.
"Labor camp" means living quarters including dwellings, tents, bunkhouses, maintenance of way cars, trailers coaches or other housing accommodations, maintained in connection with any work or place where work is being performed and the site on which they are located, and/or a site set aside and provided for camping of five or more employees by a labor contractor; excepting farm employee housing as defined in this section.
"Landscaping" means the addition of lawns, trees, plants, and other natural and decorative features to land.
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
"Landing area" means the area of an airport used, or to be used, for the landing, taking off, or taxiing of aircraft.
"Lodge or club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render a service carried on as a business.
"Lot, corner" (see Exhibit 72-1 for illustration of lot types) means a site bounded by two or more adjacent street lines which have an angle of intersection of not more than one hundred thirty five degrees (135°).
"Lot, interior" means a lot other than a corner lot.
"Lot, key" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
"Lot, reversed corner" means a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.
"Lot line, front" means the property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.
"Lot line, rear" means the property line opposite the front lot line.
"Lot line, side" means any lot lines other than front lot lines or rear lot lines.
"Low income household" means those units targeted for this category of household that shall be affordable at a rent that does not exceed thirty (30) percent of sixty (60) percent of the Woodlake County median income.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is built so as to render the structure in violation of the applicable non-elevation design requirement of this ordinance. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements).
"Massage establishments" means any establishments wherein massage is given engaged in or carried on or permitted to be given, engaged in or carried on in any business of giving baths of any kind, nature of sort whatsoever where the body is rubbed or there is any manipulation of the body or similar procedure given.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Daturm (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"Medical buildings" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy but not including offices for veterinarians.
"Mobile home" means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed to be used as a single-family dwelling unit with or without a foundation. A mobile home does not include a recreational vehicle, commercial coach, or factory-built home.
"Mobile home park" means an area or parcel of land where three or more mobile homes or mobile home sites are rented or leased or held out for rent or lease for human habitation. Mobile home parks may contain accessory facilities: including recreation facilities; meeting rooms; parking lots for boats, recreational vehicles, and other vehicles; administrative offices and other accessory structures associated with mobile home parks.
"Motel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites or dwelling units, usually occupied on a transient basis and usually with garage attached or parking space located in proximity to each unit, where lodging is provided for compensation.
"Motor vehicle wrecking yard" means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles which have not been capable of operating under their own power for thirty (30) days or more or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard.
"Mural" means a permanent picture painted directly on an exterior wall or on panels to exterior walls.
"Mural project permit" means a permit issued by the City of Woodlake to a private party authorizing the painting of a mural within the city.
"New construction" means structures for which the "start of construction" commenced on or after effective date of Chapter 17.28 and includes any subsequent improvements to such structures.
"Non-conforming use" means a use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance, but does not conform with the use regulations for the district in which it is located.
"Non-conforming use (airport)" means any structure, tree or use of land that does not conform to the provisions of Chapter 17.41 at the time said chapter is made applicable to a particular airport.
"Non-conforming structure" means a structure which was lawfully erected prior to the adoption of this title but does not conform with the development standards, including coverage, yard spaces, height of structures, or distances between structures, of the district in which the structure is located.
"Nursery school" means the use of a site or portion of a site for an organized program devoted to the education or day care of five or more pre-elementary school age children other than those residing on the site.
"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids, or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home or a rest home shall be deemed a nursing home.
"Obstruction" includes but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which my alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
"Off-site hazardous waste facility" means a hazardous waste facility that is not an on-site facility.
"On-site hazardous waste facility" means a hazardous waste facility in which a hazardous waste is produced and which is owned by, leased to or under the control of the producer of waste. For purposes of Chapter 17.40, an on-site hazardous waste facility does not involve the disposal of hazardous wastes by either land filling or incineration.
"One-hundred year flood." See "base flood."
"Outdoor advertising structure" means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.
"Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof.
"Pitch" or "peak" shall mean the highest point as in the highest point of a roof.
"Pre-zoning" means delineate the zoning of an unincorporated territory prior to annexation by the city.
"Primary surface" A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; but when the runway has not specially prepared hard surface, or planning hard surfaced, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on primary surface is the same as the elevation of the nearest point on the runway centerline.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
"Rain sensing device" means a system that automatically shuts off the irrigation system during periods of rain.
"Record drawings" means a set of reproducible drawings that show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
"Recreational area" means an active play area, including sport fields, school yards, picnic grounds or other areas where sport, outdoor or recreational activities take place.
"Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational purposes with a living area less than two hundred twenty (220) square feet.
"Recyclable material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling collection facility" means a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such facility shall not complete any processing except limited bailing, batching and the sorting of recyclable material and shall be classified as either a "small collection" or "large collection" facility.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities are either collection facilities or processing facilities.
"Recycling large collection facility" means a collection facility which occupies an area of more than two hundred (200) square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
"Recycling processing facility" means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, impacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
"Recycling small collection facility" means a collection facility which occupies an area of not more than two hundred (200) square feet, and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Ravine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road.
"Runway" means the paved surface of an airport landing area designated for the landing or taking off of aircraft.
"Satellite dish antenna" means a satellite earth station consisting of a receiving component of a disc or similar configuration whose purpose is to receive television signals from orbiting satellites or other sources and a low-noise amplifier whose purpose is to magnify television signals.
"Second residential unit" means a second residential unit, or granny flat is either a detached or attached dwelling unit which 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 primary residence. It shall not exceed six hundred forty (640) square feet in floor area.
"Service station" means a facility which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting and body work.
"Senior household" means those units that have at least one person occupying the residential unit that is at least fifty-five (55) years of age or older.
"Setback." See "yard, front," "yard, rear," or "yard, side."
"Sign" means any medium, including its structure and component parts, which is used, or intended to be used, to attract attention to the subject matter for advertising purposes and shall include any announcement, declaration, demonstration, display, illustration, insignia, surface, or space when erected, painted, or maintained in view of the general public for identification, advertisement, or the promotion of the interests of any person.
"Sign, freestanding" means a sign not attached to a building that is constructed upon, or affixed to, the ground by means of columns, poles, or similar structural components.
"Sign, monument" means a sign generally located flush with the ground or upon a base but otherwise having a clearance from the ground of not more than two feet and supported by a solid base or one or more uprights.
"Sign, off-premise" means a sign located on a site other than the same site as the business or entity being advertised.
"Sign, legal, non-conforming" means a sign which existed as a legal sign prior to the effective date of this ordinance which is in conflict with the provisions of this chapter and continues to advertise a bona fide business.
"Sign, prohibited, non-conforming" means a sign which existed as a legal sign prior to the effective date of this ordinance which is in conflict with the provisions of this chapter but no longer advertises a bona fide business which is in conflict with the provisions of this chapter.
"Sign, projecting" means a sign attached to, and projecting from, the face of, or above, or upon, the roof of a building, structure, canopy, or marquee.
"Sign, roof" means a sign erected upon a roof, or parapet wall of a building, and which is wholly or partially supported by said building.
"Sign, wall" means a sign which is attached directly to, and parallel with, the building face or painted upon the wall, awning or marquee of a building or structural part thereof.
"Sign, window" means a sign painted, printed, attached, glued, or otherwise affixed to a window.
"Sign area" means the total surface space within a single continuous rectilinear perimeter containing words, letters, figures, or symbols, together with any frame, material, or color forming an integral part of the display, but excluding support structures, the face of a building, and incidental parts not drawing attention to the subject matter.
"Site" means a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.
"Site area" means the total horizontal area included within the property lines of a site.
"Site depth" (see Exhibit 72-2 for illustration of site width and depth) means the horizontal distance between the front and rear property lines of a site measured along a line midway between the front side property line.
"Site width" means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
Exhibit 72-2: Site Width and Depth
"Slimline monopole" means a single, slim antenna pole not exceeding one and one-half feet in diameter at the base of the antenna or pole and one foot in diameter at the top of the antenna or pole.
"Specified hazardous wasted facility" means an off-site hazardous waste facility which serves more than one producer of hazardous waste.
"Stable" means a detached accessory structure including but not limited to a corral or paddock for the keeping of one or more horses owned by the occupants of the premises, and which are not kept for remuneration, hire or sale.
"Stock yard" means an enclosed area where animals are temporarily held for concentrated feeding or display preliminary to slaughtering, shipping or resale.
"Stol primary surface" means any imaginary plane three hundred (300) feet wide, centered on the runway. Its length extends one hundred (100) feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
"Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, which affords the principal means of access to abutting land.
"Structural" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or manufactured home.
"Structure" means any object constructed, installed, or placed on real property by man including, but not limited to buildings, towers, smokestacks, and overhead lines.
"Structure, accessory" means a detached subordinate structure located on the same site with the main structure or main use, the use of which is customarily incidental to that of the main structure or the main use of the land.
"Structure, main" means a structure housing the principal use of site or functioning as the principal use.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1.
Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or;
2.
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."
"Target households" means very low income, low income, or senior citizen households.
"Tent revival" means a religious meeting or series of meetings which are often evangelistic in nature and are conducted within a non-permanent structure such as, but not limited to, a collapsible shelter of canvas or other material stretched and sustained by poles.
"Traffic safety sight area" (see Exhibit 72-3 for illustration) means that portion of both public and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining points on the curb or edge of roadway forty-five (45) feet from the point of intersection of the extended curb lines or edges of roadway.
Exhibit 72-3: Traffic Safety Sight Area
"Travel trailer" means a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a permit or chauffer's license or both, without violating any provision of the California Vehicle Code.
"Urbanization" means the development of land for non-agricultural purposes, including but not limited to, residential, commercial, industrial, and institutional land uses.
"Use." The word "use" shall mean the purpose for which land or structures thereon is designed, arranged or intended to be occupied or used or for which it is occupied, maintained, rented or leased.
"Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum and less.
"Very low income household" means those units targeted for this category of household that shall be affordable at a rent that does not exceed thirty (30) percent of fifty (50) percent of the Woodlake County median income.
"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approval airport layout plan, a military service's approved military airport layout plan or by any planning document submitted to the FAA by competent authority.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
"Wireless communication facility" means a facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.
"Yard" means an open space on the same site as a structure other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
"Yard, front" (see Exhibit 72-4 for illustration of yard types) means a yard extending across the full width of the site or lot between the front lot line and the nearest line or point of the main structure.
"Yard, rear" means a yard extending across the full width of the side of lot between the rear lot line and the nearest line or point of the main structure.
"Yard, side" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main structure.
"Zoning" means the division of a municipality into districts, and the regulation within those districts of the height, appearance, and bulk of buildings and structures; the area of a lot which may be occupied and the size of required open spaces; the density of population; and the use or buildings and land for commercial, agricultural, industrial, residential or other purposes. The term "zoning" shall be synonymous with the term "classification" and the term "zone" shall be synonymous with the term "district."
(Ord. No. 599 § 3, 12-14-2015)
Definitions.
"Abutting" means two or more parcels sharing a common boundary of a least one point.
"Abandoned" means to cease or suspend from developing or maintaining a building or use for a stated period of time.
"Access" mean safe, adequate, and usable ingress or egress to a property or use.
"Accessory structure" means a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
"Adjacent to" means properties that are next to each other sharing a common property line.
"Agricultural accessory structures" mean those uses and structures customarily incidental and subordinate to the agricultural use of the land, including: barns, storage sheds, corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm implements, irrigation, and crop-protection equipment; the storage and use of fuels for heating buildings and operating farm equipment or appliances; water and waste water treatment facilities and systems for private uses and structures which are determined by the Planning Director to be necessary, customary, and incidental to the agricultural use of the lot or parcel. Agricultural accessory uses shall not include construction equipment storage yards.
"Agricultural operations" means the cultivation and tillage of soil, dairying, the production, irrigation frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including timber, viticulture, agriculture, horticulture, the raising of livestock, fur-bearing animals, fish, or poultry, and any commercial practices incidental to, or in conjunction with, such agricultural operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
"Airport" means any area of land or water designated and set aside for the landing and taking off of aircraft and utilized in the interest of the public for such purposes, a map of which has been or is hereafter included as a part of the Zoning Map of the City of Woodlake.
"Airport elevation" means the elevation of the highest point on the usable or designed runway as established by the city engineer.
"Airport hazard" means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
"Airport reference point" means the point established at the approximate geographic center of the airport landing area and so designated.
"Alley" means a public way permanently reserved as a secondary means of vehicular access to abutting property.
"Alluvial fan" means a geomorphological feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash floodings, high velocity flows, debris flows, erosion, sediment movement and depositions, and channel migration.
"Alter" means to make any change in the supporting or load bearing members of a building, such as bearing walls, columns, beams, girders or floor joists, which will prolong the life of the structure.
"Amusement machine" means any mechanical or electronic machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance of or after use, involving in its use either skill or chance, including but not limited to a tape machine, card machine, pinball machine, bowling game machine shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, an electronic video game, or any other similar machine or device except for a billiard or pool table, music machine, or a merchandise vending machine.
"Ancillary use" means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
"Animal hospital" means a facility where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration.
"Annexation" means the incorporation of a land area into an exiting community with a resulting change in the boundaries of that community.
"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves, including antennas or towers used for transmitting or receiving television, radio, citizen's band or cellular phone communication. An antenna can be affixed to or supported by a roof or exterior wall of a building or other structure or an antenna can be ground mounted, which is supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground.
"Anti-drain valve (check valve)" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the low elevation sprinkler heads.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
"Application rate" means the depth of water applied to a given area, usually measured in inches per hour.
"Arcade" means a place of business having four or more amusement machines.
"Area of shallow flooding" means a designated AO or VO AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel doesn't exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Automatic controller" means a mechanical or solid timer, capable of operating valve stations to set the days and length of time of a water application.
"Backflow prevention device" means a safety device used to prevent pollution or contaminations of the water supply due to the reverse flow of water from the irrigation system.
"Balloon or blimp" means an airtight bag, possibly rigid or semi-rigid, which will rise and float above the earth when filled with hot air or gas.
"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-Year Flood"). Base flood is the term used throughout this title.
"Basement" means any area of the building having its floor subgraded - i.e., below ground level on all sides.
"Block" means the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or water course.
"Building" means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property of any kind.
"Building face" means the exterior surface of any building, regardless of frontage.
"Building frontage" means the building elevations facing a street, plaza or mall. Where the building contains multiple uses, it shall be linear frontage of that portions of the building between the occupancy separation walls.
"Bulletin board" means a permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals displaying the name of the institution, events conducted upon and/or services offered upon such premises.
"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship and which building, together with its accessory buildings, and uses, is maintained and controlled by a religious body organized to sustain public worship.
"Co-location" means the location of two or more wireless communication facilities on a single support structure. Co-location shall also include the location of wireless communication facilities with other facilities, including water tanks, light standards, and buildings.
"Combining districts" mean zones or geographical areas in Woodlake that may require special regulations or treatment due to unique features, resources or hazards. These districts may be combined with any district identified in this Ordinance. For purposes of identification, districts that are joined with a combining district shall be suffixed with the name of the combining district.
"Commercial accessory structures" mean those uses and structures incidental and subordinate to the commercial use of the land including: trash storage areas and bins; vending machines; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculptures, paintings, and other works of art; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; sales offices, showrooms and administrative offices; permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; and other accessory uses and structures which are determined by the Planning and Building Director to be necessary, customary and incidental to the commercial use of the land.
"Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business with or without personnel.
"Communication tower" means any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.
"Conditional use" means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this title and authorized by the planning commission. Requires a conditional use permit be obtained.
"Density bonus" means an increase in units of at least twenty-five (25) percent over the otherwise maximum allowable residential density under this title or Woodlake's land use element of the general plan.
"Developer incentives:"
1.
Reduce or eliminate standards contained in the Subdivision Ordinance or the City of Woodlake Standards and Specifications Manual.
2.
Reduce or eliminate ordinance requirements, including open space, lot size, setback, or parking standards.
3.
Reduce or eliminate any design requirements exceeding Uniform Building Code specifications.
"Development" means any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging , filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
"Development agreement" means a contract duly executed and legally binding between the City of Woodlake and a developer that delineates the terms and conditions agreed upon by the two parties.
"Dwelling" means a structure or portion thereof designed for or occupied for residential purposes whether for one family, several families, roomers or boarders, but for purposes of this definition specifically not to include automobile trailers, hotels, motels, labor camps, tents, railroad cars, converted, transit vehicles, mobile homes, except for the purposes of the MH district, or any type of temporary structure.
"Dwelling, multiple-family" means a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family.
"Dwelling, single-family" means a building containing one dwelling unit.
"Electric distribution substation" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.
"Electric transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at very high voltage from its source of generation by means of a network of high voltage lines, and where, by a means of transformers, said high voltage is transformed to a lower subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.
"Encroachment" means the advance or infringement of uses, plant growth, fill excavation, buildings, permanent structures or development into a floodplain which may impede or later the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured mobile home park or subdivision: means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Family" means an individual or two or more persons related by blood, marriage or adoption or a group of not more than five persons, not including servants, who need not be related by blood, marriage or adoption, living as a single housekeeping unit.
"Farm employee housing" means living quarters, including dwellings, sleeping accommodations and dining facilities, maintained for occupancy by persons employed principally in farming and related pursuits on land owned, leased or rented by the owner, lessee or tenant of the site on which the farm employee housing is located; excepting a labor camp and trailer park.
"Farming." See "agricultural operations."
"Flooding" means a general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the floodway.
"Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated the areas of flood hazards.
"Flood insurance rates map" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source.
"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving or enhancing, where possible, the natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
"Floodplain management regulations" mean other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term descried federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estates or improved real property, water and sanitary facilities, structures, and their contents.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Floodway encroachment lines" mean the lines marking the limits of floodways on federal, state and local floodplain maps.
"Floodway fringe" means that area of the floodplain on either side of the floodway where encroachment may be permitted
"Floor area, gross" means a sum of the gross horizontal areas, in square feet, of the several floors of a building, including interior balconies and mezzanines, but not including the horizontal area occupied by any wall, inner court or shaft enclosure.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Garage, private" means an accessory structure or a portion of a main structure used only for the storage of self-propelled passenger vehicles or trailers by families residing upon the premises; provided that not more than one-half of the space may be rented for the private passenger vehicles of persons not residing on the premises, except that all of the space in a garage of one or two car capacity may be so rented.
"Garage, repair" means a structure or part thereof other than a private garage where motor vehicles are repaired or painted.
"Garage, storage" means a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof.
"Guest house" means living quarters within an accessory structure for use by temporary guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.
"Highest adjacent grade" means the highest natural elevation of ground surfaces prior to construction next to the proposed walls of a structure.
"Home occupation" means any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part; which creates no additional vehicular or pedestrian traffic, requires no additional parking space, generates no noises audible beyond the site, causes no radio or television interference; where no persons are employed other than domestic help, and no mechanical equipment is used other than that necessary for domestic purposes; no materials, equipment and/or supplies are stored outdoors other than such storage normally associated with the residential use of the property. For purposes of this definition, the storage of not more than one ton capacity shall be deemed as normally associated with residential use the property.
"Hotel" means a structure or portion thereof in which there are individual guest rooms or suites, usually occupied on a transient basis, where lodging with or without meals is provided for compensation.
"Housing development" means One or more groups of residential projects that each have more than five units.
"Industrial accessory structures" means those uses and structures incidental and subordinate to the industrial use of the land including: loading and unloading facilities and equipment, parking areas and shipping terminals; water and waste water treatment facilities and systems; incidental services swishes cafeterias; storage facilities and garages, sales office, showrooms, and administrative offices; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; the storage of fully operative fleet vehicles, heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses and structures which are determined by the planning and building director to be necessary, customary and incidental to the industrial use of the land.
"Immediate family." Immediate family shall include spouse, parent or step-parent, brother or step-brother or half-brother, sister or step-sister or half-sister, child or step-child, or grandparents.
"Inherent problems" shall mean problems associated with agricultural operations, including but not limited to, noise, odors, dust, chemicals, smoke, and extended hours of operations.
"Institution" shall mean all governmental, religious, and charitable organizations.
"Junk yard" means a site or portion of a site which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and the like; excepting a site which such uses are conducted with a completely enclosed structure and excepting a motor vehicle wrecking yard as defined in this section. An establishment for the sale, purchase or storage of used cars of salvaged machinery in operable condition and the processing of used or salvage materials as part of a manufacturing operation shall not be deemed a junk yard.
"Labor camp" means living quarters including dwellings, tents, bunkhouses, maintenance of way cars, trailers coaches or other housing accommodations, maintained in connection with any work or place where work is being performed and the site on which they are located, and/or a site set aside and provided for camping of five or more employees by a labor contractor; excepting farm employee housing as defined in this section.
"Landscaping" means the addition of lawns, trees, plants, and other natural and decorative features to land.
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
"Landing area" means the area of an airport used, or to be used, for the landing, taking off, or taxiing of aircraft.
"Lodge or club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render a service carried on as a business.
"Lot, corner" (see Exhibit 72-1 for illustration of lot types) means a site bounded by two or more adjacent street lines which have an angle of intersection of not more than one hundred thirty five degrees (135°).
"Lot, interior" means a lot other than a corner lot.
"Lot, key" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
"Lot, reversed corner" means a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.
"Lot line, front" means the property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.
"Lot line, rear" means the property line opposite the front lot line.
"Lot line, side" means any lot lines other than front lot lines or rear lot lines.
"Low income household" means those units targeted for this category of household that shall be affordable at a rent that does not exceed thirty (30) percent of sixty (60) percent of the Woodlake County median income.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is built so as to render the structure in violation of the applicable non-elevation design requirement of this ordinance. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements).
"Massage establishments" means any establishments wherein massage is given engaged in or carried on or permitted to be given, engaged in or carried on in any business of giving baths of any kind, nature of sort whatsoever where the body is rubbed or there is any manipulation of the body or similar procedure given.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Daturm (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"Medical buildings" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy but not including offices for veterinarians.
"Mobile home" means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed to be used as a single-family dwelling unit with or without a foundation. A mobile home does not include a recreational vehicle, commercial coach, or factory-built home.
"Mobile home park" means an area or parcel of land where three or more mobile homes or mobile home sites are rented or leased or held out for rent or lease for human habitation. Mobile home parks may contain accessory facilities: including recreation facilities; meeting rooms; parking lots for boats, recreational vehicles, and other vehicles; administrative offices and other accessory structures associated with mobile home parks.
"Motel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites or dwelling units, usually occupied on a transient basis and usually with garage attached or parking space located in proximity to each unit, where lodging is provided for compensation.
"Motor vehicle wrecking yard" means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles which have not been capable of operating under their own power for thirty (30) days or more or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard.
"Mural" means a permanent picture painted directly on an exterior wall or on panels to exterior walls.
"Mural project permit" means a permit issued by the City of Woodlake to a private party authorizing the painting of a mural within the city.
"New construction" means structures for which the "start of construction" commenced on or after effective date of Chapter 17.28 and includes any subsequent improvements to such structures.
"Non-conforming use" means a use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance, but does not conform with the use regulations for the district in which it is located.
"Non-conforming use (airport)" means any structure, tree or use of land that does not conform to the provisions of Chapter 17.41 at the time said chapter is made applicable to a particular airport.
"Non-conforming structure" means a structure which was lawfully erected prior to the adoption of this title but does not conform with the development standards, including coverage, yard spaces, height of structures, or distances between structures, of the district in which the structure is located.
"Nursery school" means the use of a site or portion of a site for an organized program devoted to the education or day care of five or more pre-elementary school age children other than those residing on the site.
"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids, or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home or a rest home shall be deemed a nursing home.
"Obstruction" includes but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which my alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
"Off-site hazardous waste facility" means a hazardous waste facility that is not an on-site facility.
"On-site hazardous waste facility" means a hazardous waste facility in which a hazardous waste is produced and which is owned by, leased to or under the control of the producer of waste. For purposes of Chapter 17.40, an on-site hazardous waste facility does not involve the disposal of hazardous wastes by either land filling or incineration.
"One-hundred year flood." See "base flood."
"Outdoor advertising structure" means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.
"Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof.
"Pitch" or "peak" shall mean the highest point as in the highest point of a roof.
"Pre-zoning" means delineate the zoning of an unincorporated territory prior to annexation by the city.
"Primary surface" A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; but when the runway has not specially prepared hard surface, or planning hard surfaced, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on primary surface is the same as the elevation of the nearest point on the runway centerline.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
"Rain sensing device" means a system that automatically shuts off the irrigation system during periods of rain.
"Record drawings" means a set of reproducible drawings that show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
"Recreational area" means an active play area, including sport fields, school yards, picnic grounds or other areas where sport, outdoor or recreational activities take place.
"Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational purposes with a living area less than two hundred twenty (220) square feet.
"Recyclable material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling collection facility" means a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such facility shall not complete any processing except limited bailing, batching and the sorting of recyclable material and shall be classified as either a "small collection" or "large collection" facility.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities are either collection facilities or processing facilities.
"Recycling large collection facility" means a collection facility which occupies an area of more than two hundred (200) square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
"Recycling processing facility" means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, impacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
"Recycling small collection facility" means a collection facility which occupies an area of not more than two hundred (200) square feet, and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Ravine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road.
"Runway" means the paved surface of an airport landing area designated for the landing or taking off of aircraft.
"Satellite dish antenna" means a satellite earth station consisting of a receiving component of a disc or similar configuration whose purpose is to receive television signals from orbiting satellites or other sources and a low-noise amplifier whose purpose is to magnify television signals.
"Second residential unit" means a second residential unit, or granny flat is either a detached or attached dwelling unit which 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 primary residence. It shall not exceed six hundred forty (640) square feet in floor area.
"Service station" means a facility which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting and body work.
"Senior household" means those units that have at least one person occupying the residential unit that is at least fifty-five (55) years of age or older.
"Setback." See "yard, front," "yard, rear," or "yard, side."
"Sign" means any medium, including its structure and component parts, which is used, or intended to be used, to attract attention to the subject matter for advertising purposes and shall include any announcement, declaration, demonstration, display, illustration, insignia, surface, or space when erected, painted, or maintained in view of the general public for identification, advertisement, or the promotion of the interests of any person.
"Sign, freestanding" means a sign not attached to a building that is constructed upon, or affixed to, the ground by means of columns, poles, or similar structural components.
"Sign, monument" means a sign generally located flush with the ground or upon a base but otherwise having a clearance from the ground of not more than two feet and supported by a solid base or one or more uprights.
"Sign, off-premise" means a sign located on a site other than the same site as the business or entity being advertised.
"Sign, legal, non-conforming" means a sign which existed as a legal sign prior to the effective date of this ordinance which is in conflict with the provisions of this chapter and continues to advertise a bona fide business.
"Sign, prohibited, non-conforming" means a sign which existed as a legal sign prior to the effective date of this ordinance which is in conflict with the provisions of this chapter but no longer advertises a bona fide business which is in conflict with the provisions of this chapter.
"Sign, projecting" means a sign attached to, and projecting from, the face of, or above, or upon, the roof of a building, structure, canopy, or marquee.
"Sign, roof" means a sign erected upon a roof, or parapet wall of a building, and which is wholly or partially supported by said building.
"Sign, wall" means a sign which is attached directly to, and parallel with, the building face or painted upon the wall, awning or marquee of a building or structural part thereof.
"Sign, window" means a sign painted, printed, attached, glued, or otherwise affixed to a window.
"Sign area" means the total surface space within a single continuous rectilinear perimeter containing words, letters, figures, or symbols, together with any frame, material, or color forming an integral part of the display, but excluding support structures, the face of a building, and incidental parts not drawing attention to the subject matter.
"Site" means a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.
"Site area" means the total horizontal area included within the property lines of a site.
"Site depth" (see Exhibit 72-2 for illustration of site width and depth) means the horizontal distance between the front and rear property lines of a site measured along a line midway between the front side property line.
"Site width" means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
Exhibit 72-2: Site Width and Depth
"Slimline monopole" means a single, slim antenna pole not exceeding one and one-half feet in diameter at the base of the antenna or pole and one foot in diameter at the top of the antenna or pole.
"Specified hazardous wasted facility" means an off-site hazardous waste facility which serves more than one producer of hazardous waste.
"Stable" means a detached accessory structure including but not limited to a corral or paddock for the keeping of one or more horses owned by the occupants of the premises, and which are not kept for remuneration, hire or sale.
"Stock yard" means an enclosed area where animals are temporarily held for concentrated feeding or display preliminary to slaughtering, shipping or resale.
"Stol primary surface" means any imaginary plane three hundred (300) feet wide, centered on the runway. Its length extends one hundred (100) feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
"Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, which affords the principal means of access to abutting land.
"Structural" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or manufactured home.
"Structure" means any object constructed, installed, or placed on real property by man including, but not limited to buildings, towers, smokestacks, and overhead lines.
"Structure, accessory" means a detached subordinate structure located on the same site with the main structure or main use, the use of which is customarily incidental to that of the main structure or the main use of the land.
"Structure, main" means a structure housing the principal use of site or functioning as the principal use.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1.
Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or;
2.
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."
"Target households" means very low income, low income, or senior citizen households.
"Tent revival" means a religious meeting or series of meetings which are often evangelistic in nature and are conducted within a non-permanent structure such as, but not limited to, a collapsible shelter of canvas or other material stretched and sustained by poles.
"Traffic safety sight area" (see Exhibit 72-3 for illustration) means that portion of both public and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining points on the curb or edge of roadway forty-five (45) feet from the point of intersection of the extended curb lines or edges of roadway.
Exhibit 72-3: Traffic Safety Sight Area
"Travel trailer" means a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a permit or chauffer's license or both, without violating any provision of the California Vehicle Code.
"Urbanization" means the development of land for non-agricultural purposes, including but not limited to, residential, commercial, industrial, and institutional land uses.
"Use." The word "use" shall mean the purpose for which land or structures thereon is designed, arranged or intended to be occupied or used or for which it is occupied, maintained, rented or leased.
"Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum and less.
"Very low income household" means those units targeted for this category of household that shall be affordable at a rent that does not exceed thirty (30) percent of fifty (50) percent of the Woodlake County median income.
"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approval airport layout plan, a military service's approved military airport layout plan or by any planning document submitted to the FAA by competent authority.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
"Wireless communication facility" means a facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.
"Yard" means an open space on the same site as a structure other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
"Yard, front" (see Exhibit 72-4 for illustration of yard types) means a yard extending across the full width of the site or lot between the front lot line and the nearest line or point of the main structure.
"Yard, rear" means a yard extending across the full width of the side of lot between the rear lot line and the nearest line or point of the main structure.
"Yard, side" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main structure.
"Zoning" means the division of a municipality into districts, and the regulation within those districts of the height, appearance, and bulk of buildings and structures; the area of a lot which may be occupied and the size of required open spaces; the density of population; and the use or buildings and land for commercial, agricultural, industrial, residential or other purposes. The term "zoning" shall be synonymous with the term "classification" and the term "zone" shall be synonymous with the term "district."
(Ord. No. 599 § 3, 12-14-2015)