Abutting.Two or more parcels of land sharing a common boundary line, or two or more objects in contact with each other.
Access.The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property and/or use.
Accessory dwelling unit (ADU).An attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with another primary, single-unit dwelling. An ADU includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the primary unit. An ADU may be structured as one efficiency unit, as defined in Health and Safety Code Section
17958.1, and/or a manufactured home, as defined in Health and Safety Code Section
18007, among other formats.
1. Accessory Dwelling Unit, Attached.An ADU that is either attached to (by a minimum of one shared wall), or completely contained within, the primary existing space of the single-unit dwelling unit or existing accessory structure.
Accessory structures and uses.1. Accessory Structures.A structure that is located upon the same site as the structure or use to which it is accessory. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental and subordinate to the use of the principal structure, or to the primary land use of the site. Does not include habitable accessory structures such as accessory dwelling units (ADUs).
2. Accessory Uses.A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use. Accessory Use includes active or passive solar heating systems and cogeneration facilities.
Addition.The result of work that increases the volume of an existing structure or replaces a demolished portion.
Adjacent.Two or more parcels of land separated only by an alley, street, highway or recorded easement, or two or more objects that lie near or close to each other.
Adult businesses.A business where employees or patrons expose specified anatomical areas or engage in specified sexual activities, or a business that offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas.
Adult-oriented businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients.
In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct or a use which has a majority of its floor area, stock-in-trade, or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas shall be considered. Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where these activities, taken together, constitute a regular and substantial course of conduct.
Adult-oriented businesses include, but are not limited to, the following:
1. Adult Arcade.A place to which the public is allowed or invited and coin-operated or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projections, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
2. Adult Bookstore.An establishment that has as a substantial portion of its stock-in-trade, a majority of its floor area, or revenue derived from and offering for sale for any form of consideration, any one or more of the following:
• | Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified anatomical areas. |
• | Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. |
• | Goods which are replicas of, or which simulate, specified anatomical areas, or goods which are designed to be placed on or in specified anatomical areas, or to be used in conjunction with specified sexual activities to cause sexual excitement. |
3. Adult Cabaret.A bar, nightclub, or similar establishment which features dancers, strippers, or similar entertainers who expose specified anatomical areas of their bodies.
4. Adult Motel.A hotel, motel, or similar commercial establishment which:
• | Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; |
• | Offers a sleeping room for rent for a period of time, i.e., less than 10 hours; or |
• | Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time i.e., less than 10 hours. |
5. Adult Motion Picture Arcade.A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depictions or description of specified sexual activities or specified anatomical areas.
6. Adult Tanning Salon or Parlor.A business establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. Adult tanning salon or parlor also includes a business establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon or parlor also includes a business establishment where the employees are nude or expose specified anatomical areas.
7. Adult Theater.A place, building, enclosure, theater, concert hall, auditorium, or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium, or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons. This place shall also include an adult theater where persons are regularly featured appearing in a state of nudity or giving live performances which are characterized by the exposure of specified sexual activities or by specified anatomical areas.
8. Nude Model Studio.Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under State law to provide art education, while the classroom is being used in a manner consistent with a State license.
9. Private Viewing Area.An area or areas in an adult-oriented business designed to accommodate no more than five or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. Private viewing areas shall not be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.
10. Semi-Nude.A state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast.
11. Sex Supermarket/Sex Mini-Mall.The establishment or operation of more than one type of adult-oriented business or use as defined in these Zoning Regulations within the same structure.
12. Sexual Encounter Center.A business or commercial enterprise that, as one of its primary business purposes, offers, in any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex and/or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.
13. Sexual Novelty Store.An establishment having, as a substantial portion of its stock-in-trade, a majority of its floor area or a majority of its revenue derived from goods which are replicas of or which simulate, specified anatomical areas, or specified sexual activities, or goods which are designed to be placed on or in specified anatomical areas, or to be used in conjunction with specified sexual activities, to cause sexual excitement.
14. Sexually-Oriented Business.A business where employees or patrons expose specified anatomical areas or engage in or simulate specified sexual activities, or a business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas.
15. Specified Anatomical Areas.Includes any of the following human anatomical areas:
• | Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areolae. |
• | Human male genitals in a discernibly turgid state, even if completely and opaquely covered. |
16. Specified Criminal Act.Sexual crime against children; sexual abuse; rape; or crime connected with another adult-oriented business, including, but not limited to, the distribution of obscenity; violations involving the distribution, display, or sale of material harmful to minors; prostitution; or pandering. Specified criminal acts shall exclude those acts that are authorized or required to be kept confidential in compliance with Welfare and Institutions Code Sections
600 to
900.
17. Specified Sexual Activities.Includes all of the following:
• | The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts. |
• | Human sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy. |
• | Human masturbation, actual or simulated. |
• | The actual or simulated infliction of pain by one human upon another, or by an individual upon him or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking, or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region or, if the person is a female, a breast. |
• | Sexual intercourse, actual or simulated, between a human being and an animal. |
• | Excretory functions as part of or in connection with any of the activities detailed in "Specified Sexual Activities." |
Agent.A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, commissions, and the Council, regarding matters regulated by these Zoning Regulations.
Agriculture.All methods of production and management of crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting and marketing.
1. Agriculture, Commercial Indoor.An establishment engaged in the growth and sale of vegetables, produce, fruit crops, vines, shrubs, trees (including Christmas trees), sod, and nursery plants conducted within an enclosed structure. This use includes, but is not limited to, crop farms, orchards, groves, tree plantations, commercial greenhouses, nurseries, and a temporary stand for the sale of products grown on the premises, but specifically not including cannabis growth and sale.
Alcoholic beverage sales.The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premises consumption.
1. Alcohol Sales, Off-Site.Any business selling alcoholic beverages as a primary use, including beer, wine, distilled spirits, hard liquor, and/or any other alcoholic beverages. Does not include grocery stores, convenience stores, warehouse stores, or other alcohol sales authorized as part of an off-site wine tasting room or food and beverage product manufacturing.
Alley.A public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.
Alteration.An exterior change or modification, through public or private action, to the character defining or significant physical features of a local landmark. Changes may include modification of the structure, architectural details, or visual characteristics, surface paving, addition of new structures, cutting or removal of trees and other natural features, disturbance of archeological sites or areas, or the placement or removal of significant objects such as signs, plaques, light fixtures, walls, fences, steps, plantings, and landscape accessories affecting the visual or historical qualities of the property. Alteration shall not mean routine maintenance that does not require a building permit; landscaping, including sprinkler system work; flat concrete work; and replacement of existing screens, awnings, or windows with the same materials, where the purpose or effect of maintenance work is:
1. To correct deterioration of or minor damage to a structure or part of it and to restore it to its condition prior to the occurrence of the deterioration or damage.
2. Does not result to any addition to the structure.
Ambient noise level.The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
Ambulance fleet services.A base facility where ambulances and similar vehicles are parked and from which they are dispatched, and/or where ambulance vehicles and crews are not based at a hospital or fire department stand by for emergency calls.
Animal care, sales, and services.1. Animal Boarding/Kennels.The commercial provision of shelter and care for dogs, cats, other household animals, and horses (where allowed), including activities associated with such shelter and care (e.g., feeding, exercising, grooming, and incidental medical care).
2. Animal Grooming.The commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by the Municipal Code. Overnight boarding is not included with this use (see "Animal Boarding/Kennels").
3. Animal Retail Sales.The retail sales of household animals within an entirely enclosed building. These uses include grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale (see "Animal Boarding/Kennels").
4. Animal Shelter.An establishment that provides a temporary home for dogs, cats, and other animals that are commonly offered for adoption with the provision of adequate heat, ventilation, sanitary shelter and wholesome and adequate food and water, in each case consistent with the normal requirements and feeding habits of the animal's size, age, species, breed, and physical condition.
5. Veterinary Services, Large Animal.Veterinary services for livestock, farm animals, and other large animals. This classification allows 24-hour accommodation of animals receiving medical services.
6. Veterinary Services, Small Animal.Veterinary services for household pets. This classification allows 24-hour accommodation of animals receiving medical services, but does not include kenneling of animals not receiving medical services (see "Animal Boarding/Kennels").
Antenna.See "Antennas/Wireless Communication Facilities."
Appeal.Wherever there is a reference to an appeal being filed or available to be filed, the right of appeal shall also include the right to appeal administrative determinations made by the Director in compliance with this chapter to the Planning Commission and Council.
Arcade (electronic game center).An establishment that provides more than four amusement devices, whether or not the devices constitute the primary use or an accessory or incidental use of the premises. Amusement devices mean an electronic or mechanical equipment, game, or machine that is played or used for amusement, which, when so played or used involves skill and which is activated by coin, key, or token, or for which the player or user pays money for the privilege of playing or using. This use may also include internet/cyber cafes, where three or more computers and/or other electronic devices, for access to that system commonly referred to as the "internet," e-mail, playing video games over the Internet or other network system, and/or access to other computer software programs, is provided to the public for compensation and/or for public access. Internet cafe is also synonymous with PC café, cyber café, internet gaming center, computer/internet rental and cyber centers.
Artificial turf.Any variety of synthetic, carpetlike materials made to resemble grass or similar ground cover and used as a replacement for live plant materials as permitted by this title, and specifically having an appearance of live grass or similar ground cover.
Association.The organization of persons who own parcels, areas, airspace, or rights of exclusive occupancy in units of condominiums or other developments or tracts and who may have interests in the control of common areas of a project.
Attached structure.A structure having at least five lineal feet of wall serving as a common wall with the structure to which it is attached, or connected to by a continuous roof of at least eight feet wide.
Automated teller machines (ATMs).An unstaffed computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals, and fund transfers. These machines may be located at or within banks, or in other locations. See also "Drive-Through or Drive-Up Facilities."
Automobile accessories and installation facility.An establishment in the commercial business of installing "aftermarket" parts and accessories into motor vehicles (e.g., lift kits, upholstery work, alarms, stereo equipment, or cellular telephones). See also "Vehicles—Trucks, Construction, and Heavy Equipment Sales, Service, and Rental."
Automobile dismantling.Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials from automobiles, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. See also "Vehicles—Trucks, Construction, and Heavy Equipment Sales, Service, and Rental."
Automobile repair.See "Vehicles—Trucks, Construction, and Heavy Equipment Sales, Service, and Rental."
Auto parts store.See "Vehicles—Trucks, Construction, and Heavy Equipment Sales, Service, and Rental."
Awning.A canopy made of fabric to shelter people or things from rain or sun or as decoration (supported entirely from the exterior wall of a structure).
(Ord. 19-03 § 3, 2019)