Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this Code. Words used in the present tense include
the future. Words used in the singular also include the plural. As
used in this title, "must" or "shall" are mandatory; "may" is permissive;
and "should" expresses a preference or a nonbinding recommendation.
"Accessory dwelling unit"
means an attached or detached residential dwelling unit which provides complete independent living facilities on the same parcel as a legal single-family residence, including, but not limited to, the permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory dwelling unit also includes efficiency units as defined in Section 17958.1 of the
Health and Safety Code and manufactured homes as defined in Section 18007 of the
Health and Safety Code. Detached accessory dwelling units are "accessory buildings" to the primary residence. All accessory dwelling units will be reviewed and approved administratively, subject to Section
17.16.170 of this Code and applicable Building Codes.
"Accessory structure"
shall mean an incidental and non-habitable structure that
is not attached to the main building on the same lot. If an accessory
structure is attached to the main building or if the roof is a continuation
of the main building roof, the accessory structure shall be considered
an addition to the main building. Any addition shall meet those development
standards required for the main building. Bathroom and kitchen facilities
within any accessory structure are prohibited, unless approved by
the Planning Director. A covenant for the accessory structure shall
also be recorded with the Los Angeles County Recorder's Office, as
approved and reviewed by the Director of Community Development or
designee.
"Administrative/executive/professional offices"
means a commercial use where a building, room or series of
rooms is used to conduct professional-type business (e.g., architect,
lawyer, doctor, engineer, stockbroker, insurance agent, accountant,
consultant, tax preparer, real estate and advertising).
"Adult book store"
shall mean an establishment having as a substantial or significant
portion of its stock in trade, books, magazines, and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to "specified sexual activities"
or "specified anatomical areas," or establishment with a segment or
section devoted to the sale or display of such material.
"Adult business"
shall mean any business which is conducted exclusively for
the patronage of adults and as to which minors are specifically excluded
from patronage thereat either by law or by the operators of such business.
"Adult business" shall also mean and include:
2.
Adult mini-motion picture theater;
3.
Adult motion picture theater;
5.
Adult video arcade and/or theater;
6.
Model studio;
but not including those uses or activities the regulation of
which is preempted by State law.
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"Adult day care facility"
shall mean any facility that provides medical care limited
to basic first aid and maintenance medication to persons 18 years
of age or older in need of personal services, supervision, or assistance
essential for sustaining the activities of daily living or for the
protection of the individual on less than a 24 hour basis.
"Adult mini-motion picture theater"
shall mean an enclosed building with a capacity for less
than 50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" for observation
by patrons.
"Adult motion picture theater"
shall mean an enclosed building with a capacity of 50 persons
or more used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" for observation
by patrons therein.
"Adult theater"
shall mean a business which presents live entertainment or
motion pictures or slide photographs which are characterized by matter
depicting or relating to "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.
"Affordable ownership costs"
shall mean average annual housing costs, including mortgage
payments, property taxes, homeowners insurance, and homeowners' association
dues, if any, which do not exceed the following:
1.
Very low-income households: 50% of area median income, adjusted
for assumed household size based on unit size, multiplied by 30%.
2.
Lower-income households: 70% of area median income, adjusted
for assumed household size based on unit size, multiplied by 30%.
3.
Moderate-income households: 110% of area median income, adjusted
for assumed household size based on unit size, multiplied by 35%.
"Affordable rent"
shall mean annual rent, including utilities and all fees
for housing services, which does not exceed the following:
1.
Very low-income households: 50% of area median income, adjusted
for assumed household size based on unit size, multiplied by 30%.
2.
Lower-income households: 60% of area median income, adjusted
for assumed household size based on unit size, multiplied by 30%.
"Affordable units"
shall mean dwelling units which are affordable to very low-,
lower-, or moderate-income households as defined by any Federal or
State housing program and are subject to rental, sale, or resale restrictions
to maintain affordability.
"Alley"
shall mean a public or private way permanently reserved as
a secondary means of access to abutting property.
"Animal clinic"
shall provide that no outside kennel runs or overnight care
shall be permitted and no emergency care be provided after normal
office hours.
"Antenna"
shall mean the outdoor portion of equipment used for the
receiving or transmitting of television, or radio or similar signals
through space.
"Antenna, ground mounted"
shall mean an antenna that is attached to a pole, monopole
or other freestanding structure specifically constructed for the purpose
of supporting such antenna.
"Antenna, satellite dish"
shall mean a parabolic or disc shaped antenna of either solid
or mesh construction intended for the purpose of receiving communications
from orbiting satellite transceivers.
"Antique store"
shall mean any premises predominantly used for the sale of
articles which because of age, rarity, or historical significance,
have a monetary value greater than the original value or which, because
of age are recognized by the United States government as entitled
to import duties less than those prescribed for similar new merchandise.
Antique store does not include second-hand store as defined in this
chapter.
"Artisan manufacturing"
means the shared or individual use of hand-tools, mechanical
tools and electronic tools for the manufacture of finished products
or parts including design, processing, fabrication, assembly, treatment,
and packaging of products or parts including design, processing, fabrication,
assembly, treatment, and packaging of products; as well as the incidental
storage, sales and distribution of such products. Typical artisan
manufacturing uses include, without limitation, food and bakery products;
beverages; printmaking; household appliances; leather products; jewelry
and clothing/apparel; metal work; furniture; glass or ceramic production;
paper manufacturing.
"Assembly building or use"
shall mean a building or portion thereof used for the gathering
of 50 or more persons for such purposes as deliberating, education,
workshop, entertainment, drinking, dining, or awaiting transportation.
"Assumed household size based on unit size"
shall mean a household of one person in a studio apartment,
two persons in a one-bedroom unit, three persons in a two-bedroom
unit, and one additional person for each additional bedroom thereafter.
"Automatic controller"
shall mean a mechanical or solid state timer, capable of
operating valve stations to set the days and length of time of a water
application.
"Automobile"
shall mean a motor vehicle other than a van, bus, motor truck
or truck tractor designed to carry no more than 10 adult persons,
including the driver, not more than seven feet in width, and used
and maintained for the transportation of persons.
"Automobile dealership"
means a retail facility that specializes in the sale of automobiles
and light and heavy-duty trucks and vehicles. Accessory uses for the
service and repair of automobiles and vehicles, and the retail sales
of goods and parts directly related to those automobiles and vehicles
sold at the facility is permitted. "Used" or "pre-owned" automobiles,
trucks and other vehicles are not allowed to exceed 20% of the sales,
display and storage area of an automobile dealership.
"Automobile repair center"
shall mean and includes multiple automobile repair shops
within one complex. Each individual repair shop may be operated by
a different owner. Any of the individual repair shops, which comprises
the repair center, can provide the following repair services: general
tune-ups, lubrication, cooling system, drive train, brakes, wheels
and tires, electrical, fuel system, body work, cylinder head, valve
grinding, clutch work, transmission, painting, fender work, and other
similar repair. Each individual repair shop must conduct services
within an enclosed masonry building with no openings facing or adjacent
to any residential zoning district. The building shall also have a
ceiling of soundproofing material.
"Automobile repair shop"
shall mean a place conducting the repair of automobiles within
a completely enclosed building with no openings facing or adjacent
to any residential zoning district. The enclosed building shall be
of masonry construction and shall have a ceiling of soundproofing
material. The following repair services shall be allowed: general
tune-ups, lubrication, cooling system, drive train, brakes, wheels
and tires, electrical, fuel system, body work, cylinder head, valve
grinding, clutch work, transmission, painting, fender work, and other
similar repair.
"Automobiles, specialty"
shall mean and includes antique cars (vintage 1800 to 1954),
classic cars (vintage 1955 to 1975), and exotics/specialty cars (including,
but not limited to, electric vehicles, limited production vehicles
and foreign sport cars).
"Backflow prevention device"
shall mean a safety device used to prevent pollution or contamination
of the water supply due to the reverse flow of water.
"Basement"
shall mean that portion of a building between floor and ceiling,
which is partly below and partly above grade, but so located that
the vertical distance from grade to the finished floor level below
is less than the vertical distance from grade to ceiling, in which
case such basement shall be considered a story.
"Beauty shop"
means an establishment that provides personal care and grooming
services such as hair cutting and styling; facials and skin care;
aesthetician services; nail care; hair removal; cosmetics; and permanent
make-up application to the face. These uses may also include accessory
retail sales of products related to the services provided. "Beauty
shop" does not include massage, tattooing, or body piercing.
"Billiard parlor"
shall mean any commercial establishment within the City wherein
there are located a total of four, or more, billiard tables and/or
pool tables available for play.
"Block"
shall mean all property fronting upon one side of a street
between streets, or between a street and an intersecting and intercepting
railroad right-of-way, river, stream, dead-end street or city boundary.
An intercepting street shall determine only the boundary of the block
on the side of a street which it intercepts.
"Boarding house"
shall mean a dwelling where nontransient lodging, with or
without meals, is provided for compensation to one or more persons
who are not members of the housekeeping unit occupying the premises.
For purposes of this definition, lodging shall be deemed nontransient
if it is for not less than 31 consecutive days. Notwithstanding the
foregoing, the following shall not be deemed a boarding house when
the dwelling is used to serve six or fewer persons and the occupant
or owner of the dwelling has all licenses required by law for such
service: an intermediate care facility/developmentally disabled habilitative
or an intermediate care facility/developmentally disabled-nursing,
as defined in California
Health and Safety Code Section 1250; a residential
facility as defined in California
Health and Safety Code Section 1502;
a residential care facility as defined in California Health and Safety
Code Section 1568.01; a residential care facility for the elderly
as defined in California
Health and Safety Code Section 1569.2; an
alcoholism or drug abuse recovery or treatment facility as defined
in California
Health and Safety Code Section 11834.11; or any other
use which State law states may not be deemed to be a boarding house.
"Body piercing"
means to puncture, perforate, or penetrate a human body part
or tissue with an object, appliance, or instrument for the purpose
of placing a foreign object in the perforation to prevent the perforation
from closing. This includes, but is not limited to, creating such
an opening in the lip, tongue, nose, eyebrow or navel for the purpose
of inserting jewelry or other decorations. Body piercing does not
include piercing of the ear lobe or outer portion of the ear.
"Buildable area"
shall mean the portion of a lot which may be occupied by
buildings or structures, but not including front, side or rear yards
or street setbacks, or the portion of such lot where provisions of
this chapter prohibit the occupation of more than a certain portion
of the lot by buildings or structures.
"Building"
shall mean any structure having a roof supported by columns
or by walls and intended for the shelter, housing or enclosure of
persons or property of any kind.
"Building, accessory"
shall mean subordinate building, including shelters or pools,
the use of which is incidental to that of the main building on the
same lot or building site.
"Building façade line"
shall mean the vertical plane along a lot where the building's
front façade is actually located. See Figure 17.08.010A.
"Building, main"
shall mean a building in which is conducted the principal
use or business of the lot or building site on which the building
is situated.
"Building site"
means a lot or parcel of land, in single or joint ownership,
and occupied or to be occupied by a main building and accessory building
and accessory buildings, or by a dwelling and its accessory buildings,
together with such open spaces as are required by the terms of this
title and having its principal frontage on a street, road or highway.
"Build-to-zone"
shall mean the area between the minimum and maximum setbacks
within which the principal building's front façade (building
façade line) is to be located. See Figure 17.08.010A.
Figure 17.08.010A Build-To-Zone
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"Bus"
shall mean a motor vehicle other than an automobile, van,
motor truck or truck tractor, designed, used and maintained for the
transportation of 15 or more adult persons, including the driver.
This definition also includes minibuses which are generally less than
30 feet in length and have less than 25 passenger capacity.
"Business, retail"
shall mean any establishment where the operation is the retail
sale of any article, substance or commodity. Billboard or advertising
signs shall not be deemed to be retail business.
"Business, wholesale"
shall mean the handling of any article, substance or commodity,
other than at retail. Billboards or advertising signs shall not be
deemed to be a wholesale business.
"Camper"
shall mean a structure designed to be mounted upon a motor
vehicle and to provide facilities for human habitation or camping
purposes. A camper having one axle shall not be considered a vehicle.
"Camper shell"
shall mean a structure designed to be mounted upon a motor
vehicle and which does not provide facilities for human habitation
or camping purposes.
"Camp trailer"
shall mean a vehicle designed to be drawn by a motor vehicle
on a highway, capable of human habitation for camping and recreational
purposes that does not exceed 16 feet in overall length from the foremost
point of the trailer hitch to the rear extremity of the trailer body
and does not exceed 96 inches in width and includes any tent trailer.
Where a trailer telescopes for travel, the size shall apply to the
trailer as fully extended. A camp trailer shall not be deemed to be
a trailer coach.
"Carport"
shall mean a permanent roof-structure with not more than
two sides enclosed, used or intended to be used for automobile shelter
or automobile storage.
"Cattery"
shall mean any lot or premises on which four or more cats
over four months of age are kept, boarded, trained or bred.
"Cellar"
shall mean that portion of a building between floor and ceiling
which is wholly or partly below grade and so located that the vertical
distance from grade to the finished floor level below is equal to
or greater than the vertical distance from grade to ceiling, in which
case such cellar shall not be considered a story.
"Centerline"
shall mean where reference is made to the centerline of any
major highway, secondary highway, collector street or local street,
such centerline is deemed to be the centerline established by the
City Engineer for any proposed or dedicated public way which, in whole
or in part, is included in any proposed or existing plan of the City.
"Charter bus depot"
shall mean a use of an area of a property in which patrons
board and disembark a charter bus for private or semi-private passenger
transportation service.
"Child care facility"
shall mean a location for the care of minors other than a
family daycare home, including, but not limited to, infant centers,
preschools, extended day care facilities, and school age minors care
centers.
"City"
shall mean the City of Bellflower.
"Club"
shall mean a nonprofit association or persons or an organization,
incorporated or unincorporated, established for some common purpose,
but not including any organization solely or primarily established
to provide services customarily provided as a commercial enterprise.
"Collection center"
means a facility, structure or enclosed space where the public may donate, redeem or sell recyclable materials, including, without limitation, reverse vending machines. The term does not include "secondhand stores" as defined in this chapter nor an unattended donation box as described in Section
17.44.340.
"Combined district"
shall mean any district in which the general district regulations
are combined with those special districts (such as E) for the purpose
of providing additional special regulations.
"Commercial-ready space"
shall mean ground floor interior space constructed with a
minimum height as established in Section 17.61.060 that may be used
for either residential or nonresidential uses. The intent of commercial-ready
space is to provide flexibility so that a space can be converted between
residential and nonresidential uses in response to market demand.
"Commission"
shall mean the Planning Commission of the City of Bellflower.
"Community care facility"
(
Health and Safety Code Section 1502) shall mean any facility,
place or building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children and adults, including, but not limited
to, the physically handicapped, mentally impaired, incompetent person,
and abused or neglected children and includes the following: Residential
facility, adult day care facility, therapeutic day services facility,
foster family agency, foster family home, small family home, social
rehabilitation facility, community treatment facility and full-service
adoption agency, transitional shelter care facility.
"Cottage food operation"
shall mean an enterprise at a private home where certain
non-potentially hazardous food products are prepared or packaged for
sale to consumers. Cottage food operations shall be consistent with
"cottage food operation" as defined in
Health and Safety Code Section
113758.
"Council"
shall mean the City Council of the City of Bellflower.
"Court"
shall mean an open, unoccupied space, other than a yard,
on the same lot with a building or buildings, and which is bounded
on two or more sides by such building or buildings which provides
access to the units thereof.
"Dairy"
shall mean an establishment or enterprise maintaining more
than two cows or goats for the production or sale of milk and dairy
products.
"Density bonus"
shall mean a density increase over the otherwise allowable zoning maximum residential density on a site as of the date of application by the applicant to the City, granted pursuant to Section
17.41.020.
"Density bonus units"
shall mean residential units granted pursuant to Section
17.41.020 which exceed the otherwise allowable zoning maximum residential density for a housing development.
"Dismantling yard"
shall mean any premises, establishment or place which is
maintained, operated or used primarily for the dismantling of automobiles,
motorcycles, trucks or other vehicles and the subsequent resale of
the dismantled parts thereof, the term dismantling yard also includes
wrecking yard.
"District"
shall mean a portion of the City within which certain uses
of land and buildings are permitted or prohibited and within which
certain yards and other open spaces are required and certain height
limits are established for buildings, all as set forth and specified
in this title.
"Drive-in business"
shall mean any business:
1.
When the character and operation of which, whether by design
or operation, provides any services or products directly to vehicle
traffic from service openings or exterior counters; or
2.
When mechanical equipment is provided on a business exterior
so as to serve vehicle traffic without having to enter the building.
"Driveway, residential"
shall mean a paved area providing vehicular access and extending
from the street, alley, public right-of-way or other access to a parking
space, garage or carport.
"Dump"
shall mean a place used for the disposal, abandonment, discarding,
dumping, reduction, burial, incineration, or by any other means, or
any garbage, sewage, trash, refuse, waste material, offal or dead
animals. Provided, that this definition shall not be deemed to include
means of disposal of such substances as are customarily incidental
and accessory to permitted dwellings, institutions, or permitted commercial,
industrial and agricultural uses, unless such disposal endangers the
health and safety.
"Dwelling"
shall mean a building or portion thereof designed and used
exclusively for residential occupancy, including one-family, two-family
and multiple family dwellings, but not including hotels, motels, boarding
houses, or public or quasi-public institutions.
"Dwelling, multiple" or "dwelling, multiple family"
shall mean a building designed to be occupied by more than
two housekeeping units living independently of each other for all
purposes including, but not limited to, food preparation. Except as
otherwise permitted by this Code, each dwelling unit in a multiple
dwelling or multiple family dwelling may be used only by one housekeeping
unit. A multiple dwelling can also constitute detached or semi-detached
dwelling units occupying a parcel of land.
"Dwelling, single family" or "residence, single family"
means a building designed to be occupied by not more than
one housekeeping unit living independently from any other housekeeping
unit for all purposes, including, but not limited to, food preparation.
Except as otherwise permitted by this Code, a single family dwelling
or single family residence may be used only by one housekeeping unit.
"Dwelling, two-family" or "duplex"
shall mean a building designed to be occupied by two housekeeping
units living independently of each other for all purposes including,
but not limited to, food preparation. Except as otherwise permitted
by this code, each dwelling unit in a two-family dwelling or duplex
may be used only by one housekeeping unit.
"Dwelling unit"
shall mean two or more rooms in any building or structure
designed for occupancy by one housekeeping unit living independently
from any other housekeeping unit for all purposes including, but not
limited to, food preparation.
"Easement"
shall mean an acquired privilege or right of use which one
person may have in the land of another.
"Electronic liquor shop"
shall mean a business selling or distributing liquid nicotine
or other flavored product, which turns into vapor when inhaled or
exhaled from an e-cigarette.
"Educational institution, high-intensity"
shall mean: (1) any public or private school offering instruction
in the technical, commercial, or trade fields such as business, secretarial,
electrical, building, plumbing, mechanical, medical, cosmetology,
computer, or other curriculum with emphasis on instruction provided
to adults; and (2) any dance studio, martial arts studio, or other
similar use servicing adults or driving-age minors.
"Educational institution, low-intensity"
shall mean any public, private, or parochial school, preschool/child
care facility, and elementary, junior high, or high school giving
general academic instruction in the several branches of learning,
excluding trade schools, with emphasis on instruction provided to
minors.
"Emergency shelter"
shall mean a facility that provides immediate temporary housing
and supplemental services to homeless persons, individuals, and/or
families that have become unable to house themselves for economic
reasons or natural disasters, such as severe cold weather, storms,
or earthquakes.
"Entertainment"
shall mean every form of live entertainment, music, solo
band, or orchestra, act, play, burlesque show, fashion show, review,
pantomime, scene, song or dance act, song, dance or any other act
of performance participated in by one or more persons for the purpose
of holding the attention of, gaining the attention and interest of,
diverting or amusing guests or patrons, and shall include any of such
forms of live entertainment when used in connection with, or as a
means to attract the patronage or hold the attention of such guests
or patrons for the purpose of advertisement, demonstration, display,
or sale of goods, wares, merchandise, or services.
"Exterior wall"
means a wall that has one of its surfaces on the outside
of the building. "Exterior wall" means a wall in substantially similar
form as the wall existed before the building was damaged. The framing
of a wall alone does not constitute an "exterior wall" for purposes
of this section.
"Family"
shall mean an individual, or two or more persons, whether
or not related by blood, marriage, or adoption, but living together
as a single bona fide housekeeping unit. Family does not include larger
institutional group living situations such as dormitories, fraternities,
sororities, monasteries, con-vents, or military barracks, nor does
it include such commercial group living arrangements as boardinghouses,
lodging houses, and the like.
"Fence"
shall mean a continuous barrier (including gates, walls,
hedges and berms), which separates, screens, encloses or marks a boundary
of a property or development. The term "continuous barrier" as used
herein includes: any masonry or rock wall; any wood, iron, steel,
plastic, glass, fiberglass, chainlink, simulated wood or simulated
metal fence, any shrubbery, landscaping and/or trees that have grown
together such that they completely separate, screen or enclose a property
or development; any landscaped earthen berm; and any natural or fabricated
barrier which serves as a continuous screen to prevent intrusion or
to mark a boundary within or around property.
"Flea market"
shall predominantly be used for the sale of new or used items
from an individual tenant, with each business being operated independently
from the other businesses. Items, antiques, rare items, decorations,
used books and used magazines.
"Floor area"
shall mean the total area of all the floors of a building
including the surrounding walls.
"Floor area, net"
shall mean the area included within the surrounding walls
of a building or portion thereof, exclusive of elevator shafts, electrical
and mechanical equipment rooms, vents, and courts.
"Floor area ratio (FAR)"
shall mean the mathematical relation between volume of building
and unit of land expressed as the ratio of gross floor area of all
structures on a lot to total lot area. See Tables 17.61.050A and 17.61.050B
for FAR figures applicable to the BAMU Overlay Zone. See Figure 17.08.010B.
Figure 17.08.010B Floor Area Ratio
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"Fortune telling"
shall mean the telling of fortunes, forecasting of fortunes,
or furnishing of any information not otherwise obtainable by the ordinary
process of knowledge, by means of any occult, psychic power, faculty,
force, clairvoyance, clairaudience, cartomancy, psychology, psychometry,
phrenology, spirits, tea leaves or other such reading, mediumship,
seership, prophesy, augury, astrology, palmistry, necromancy, mind
reading, telepathy, or other craft, art, science, cards, talisman,
charm, potion, magnetism, magnetized article or substance, gypsy cunning
or foresight, crystal gazing, oriental mysteries or magic, of any
kind or nature.
"Freeway"
shall mean a highway in respect to which owners of abutting
land have no right to easement or access to or from their abutting
land or in respect to which such owners have only limited or restricted
right or easement of access, and which is declared to be such in compliance
with the Streets and Highway Code of the State of California.
"Game arcade"
shall mean any place of public assembly where four or more
mechanical or electronic amusement machines are kept or maintained
and persons are permitted to use such games. Pool tables and billiard
tables are exempted.
"Garage, private"
shall mean an accessory building or an accessory portion
of the main building, designed or used mainly for the shelter or storage
of vehicles owned or operated by the occupants of the main building,
not more than 1,000 square feet in area.
"Grade" or "ground level"
shall mean the average of the original ground level of a
lot at all perimeter lines before excavation, fill, or grading.
"Grocery store"
means a retail establishment with a minimum gross floor area
of 20,000 square feet, where a majority of the floor area is occupied
by food products packaged (i.e., canned, bottled, packaged, wrapped,
or in bulk, including fresh meats, fruits, and vegetables) for off-site
preparation and consumption.
"Height of building"
shall mean the vertical distance from the average level of
the highest and lowest point of that portion of the lot covered by
the building to the top most point of the roof.
"Height of fence or wall"
shall mean the vertical distance measured from the grade
of the lot to the top of any portion of the fence or wall. If property
line is between two properties with different grades the height shall
be measured from the higher grade.
"Home occupation"
shall mean any use customarily 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, and in connection
with which there shall be no exterior display, no display windows,
no stock in trade or commodity stored or sold upon the premises, no
persons employed, and no mechanical equipment used except such is
necessary for ordinary housekeeping purposes. Following are permitted
uses: dressmaking, sewing, millinery, small handcraft, art work, private
tutoring (except music), and any other similar uses after review and
recommendation by the Planning Commission and approval by the City
Council, the uses are to be the same general character as those herein
enumerated, and not objectionable or detrimental to the district in
which located.
"Hospital"
shall mean any building or portion thereof used for the accommodation
and medical care of sick, injured or infirmed persons, and including
sanitariums, alcoholic sanitariums, convalescent (over 16 persons),
institutions for the cure of chronic drug addicts and mental patients.
"Hospital, animal"
shall mean any place where animals or pets are given medical
treatment and are cared for during the time of such treatment. The
use of the premises as a kennel or place where animals and pets are
boarded for remuneration may be permitted only when incidental to
the principal use.
"Hotel"
shall mean any building containing any room or suites of
rooms which is designed to be utilized for lodging purposes on a temporary
basis. "Hotel" also shall mean any building in which any room or suite
of rooms contained therein is rented for temporary lodging purposes
to a person to whom is granted only a right of use of such premises
and the building owner or operator retains the direct control and
supervision of and right of access to such premises. Notwithstanding
the foregoing, living accommodations provided at any governmental
or nonprofit institution in connection with the functions of such
institution shall not be deemed to be a hotel.
"House car"
shall mean a motor home (refer to "motor home").
"Household income"
shall mean the combined adjusted gross household income for
all adult persons living in a residential unit as calculated for the
purpose of the Section 8 program under the United States Housing Act
of 1937, as amended, or its successor provision.
"Housekeeping unit"
shall mean a single person occupying a dwelling unit, or
a group of persons occupying a dwelling unit if the members thereof,
whether related or unrelated, function as the equivalent of a family,
being a nontransient, interactive group jointly occupying the dwelling
unit, including the joint use of common areas, and sharing household
activities and responsibilities such as meals, chores and expenses.
Notwithstanding the foregoing, any group of persons required to be
considered as a "family" for zoning purposes pursuant to California
Health and Safety Code Sections 1267.8, 1566.3, 1568.0831, 1569.85,
11834.23, or any other State law shall be deemed to be a housekeeping
unit. Any references in this title to a family occupying a dwelling
unit shall be deemed to be to the housekeeping unit occupying such
unit.
"Housing development"
shall mean one or more groups of projects for residential
units in the planned development of the City. "Housing development"
also includes a subdivision or common interest development, as defined
in Section 1351 of the California
Civil Code, approved by the City
and consisting of residential units or unimproved residential lots
and either a project to substantially rehabilitate and convert an
existing commercial building to residential use or the substantial
rehabilitation of an existing multi-family dwelling, as defined in
subdivision (d) of Section 65863.4, where the result of the rehabilitation
would be a net increase in available residential units. For the purpose
of calculating a density bonus, the residential units shall be on
contiguous sites that are the subject of one development application,
but do not have to be based upon individual subdivision maps or parcels.
"Human habitation"
shall mean the use of a vehicle for dwelling. Evidence of
human habitation shall include activities such as sleeping, setting
up housekeeping or cooking, or any other activity where it reasonably
appears, in light of all the circumstances, one or more persons are
using the vehicle as a living accommodation. The use of a vehicle
for six or more consecutive hours for eating, resting, recreating,
or sleeping shall per se constitute "human habitation" for purposes
of this chapter.
"Hydrozone"
shall mean a portion of the landscaped area having plants
with similar water needs that are served by a valve or set of valves
with the same schedule. A hydrozone may be irrigated or nonirrigated.
For example, a naturalized area planted with native vegetation that
will not need supplemental irrigation once established in a nonirrigated
hydrozone.
"Incidental instruction"
shall mean any retail establishment that conducts classes
relating to the product or service being provided such as music classes,
pet obedience classes, cooking classes, and sommelier/wine steward.
"Integration of uses"
shall mean potential ways to integrate uses allowed in mixed-use
development and include:
1.
Vertical Integration. A mix of nonresidential uses (i.e., commercial,
retail, and/or office) located on the ground floor with residential
dwelling units located above.
2.
Horizontal Integration. A mix of nonresidential uses located
on the primary street frontage of a lot and residential uses located
at the rear of a lot.
"Junk"
shall mean old, secondhand, or scrap ferrous and nonferrous
metals, paper and paper products, including roofing and tar paper,
wood and wood products, manufactured clay, plastic, porcelain or rubber
products, paint, rope, trash, dismantled equipment, machinery and
parts. Junk shall also include the bailing or outside storage of cardboard
boxes, paper and paper products.
"Junk yard"
shall mean the use of any area of any lot or parcel of land
for the storage, keeping or abandonment of junk, including scrap materials,
or for the dismantling, demolition or abandonment of automobiles or
other vehicles or machinery or parts thereof. The term "junk yard"
includes automobile wrecking yards.
"Kennel"
shall mean any lot or premises on which four or more dogs
over four months of age are kept, boarded or trained or bred.
"Kitchen"
shall mean any room used or intended or designed to be used
for cooking or the preparation of food.
"Landscape area"
shall mean the entire parcel less the building footprint,
driveways, nonirrigated portions of parking lots, hardscapes, such
as decks and patios, walkways, and other nonporous areas.
"Landscaped freeway"
shall mean a section or sections of a freeway which is now,
or hereafter may be, improved by the planting of at least one side
of the freeway right-of-way of lawns, trees, shrubs, flowers or other
ornamental vegetation. Planting for soil erosion control, traffic
safety requirements, reduction of fire hazards, or traffic noise abatement,
shall change the character of a freeway to a landscaped freeway.
"Live-work unit"
shall mean a unit with both residential and nonresidential
uses and where neither use is subordinate to the other.
"Lot"
means a parcel of land in single or joint ownership, and
occupied or to be occupied by a main building and accessory buildings,
or by a dwelling and its accessory buildings, together with such open
spaces as are required by the terms of this chapter and having its
principal frontage on a street, and must be a lot of record.
"Lot area"
shall mean the total of the lot area, measured in a horizontal
plane, within the lot lines of a lot.
"Lot, corner"
shall mean a lot located at the intersection of two or more
streets having an angle of intersection of not more than 135 degrees.
"Lot depth"
shall mean the horizontal distance between the front and
rear lot lines, measured in the general direction of the side lot
lines.
"Lot, flag"
shall mean a parcel map design where property is subdivided
into a maximum of two lots, with the newly created lot taking access
via a thin strip of fee property, or an access easement. The developable
portion of the flag lot is located behind the parcel that is immediately
adjacent to the street. The area comprising the narrow driveway cannot
be included in the minimum lot area calculation. Those standards of
the underlying zone that apply to the affected lot, such as setbacks,
shall be met.
"Lot, key"
shall mean the first lot to the rear of a reversed corner
lot, whether or not separated by an alley.
"Lot line, front"
shall mean the line separating the lot from the street in
the case of an interior or internal lot, and the line separating the
narrowest street frontage of the lot from the street in the case of
a corner lot.
"Lot line, rear"
shall mean a lot line which is opposite and most distant
from the front lot line and, in the case of an irregular, triangular
or gore-shaped lot, a line 10 feet in length within the lot parallel
to and at the maximum distance from the front lot line.
"Lot line, side"
shall mean any lot boundary line not a front lot line or
a rear lot line.
"Lot of record"
shall mean a parcel of land as shown on the records of the
County Assessor at the time the parcel was first zoned or has been
subsequently created by a legally recorded subdivision.
"Lot, reversed corner"
shall mean a corner lot, the side street line of which is
substantially a continuation of the front lot line of the lot upon
which it rears.
"Lot, through"
shall mean a lot having frontage on two parallel or approximately
parallel streets.
"Lot width"
shall mean the horizontal distance between the side lot lines,
measured at right angles to the lot depth at the required setback,
with no part of the lot to the rear of this point being less than
the minimum width.
"Manufactured home"
shall mean a structure built after June 14, 1976 that is
transportable, built on a permanent chassis or foundation, and built
in accordance with the Federal Manufactured Home Standards, 24 CFR
3280, as amended.
"Market-rate unit"
shall mean a dwelling unit which is not an affordable unit
or an inclusionary unit.
"Massage"
shall mean any method of treating the external parts of the
body for remedial, hygienic, relaxation or any other reason or purpose,
whether by means of pressure on, friction against or stroking, kneading,
tapping, pounding, vibrating, rubbing or other manner of touching
external parts of the body with the hands, or with the aid of any
mechanical or electrical apparatus or appliance with or without supplementary
aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream,
ointment or other similar preparations commonly used in this practice
and shall include herbal body wraps.
"Massage establishment"
shall mean any business conducted within the City where any
person engages in, conducts, carries on or permits to be engaged in,
conducted or carried on, for money or any other consideration, the
administration to another person of a massage. Massage establishments
shall not include a health club whose primary business is a gym-spa
in which over 50% of space and equipment is for athletic training
and over 50% of gross revenues are derived from training not including
massage services. "Massage establishments" shall also mean and include:
4.
Registered massage schools.
"Massage therapist"
shall mean any person who conducts massage. "Massage therapist"
shall also mean and include:
"Maximum residential density"
shall mean the maximum number of dwelling units permitted by the Zoning Ordinance and land use element of the General Plan or, if a range of density is permitted, shall mean the maximum allowable density for the specific zoning range and land use element of the General Plan applicable to the project. Where the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the land use element of the General Plan, the General Plan density shall prevail. The maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to Chapter
17.41.
"Mezzanine"
shall mean an intermediate floor between main floors of a
building. The floor often projects from the walls and does not completely
close the view of the ceiling from the floor immediately below. A
mezzanine floor and the floor below it share the same ceiling.
"Microwave" or "satellite dish"
shall mean a reflective structure capable of receiving electromagnetic
radiation from a transmitter located in planetary orbit, or with a
line of sight from the position of the antenna.
"Mixed use"
shall mean residential uses combined with either or both
retail or office uses.
"Mobile home"
shall mean a structure built before June 14, 1976, that is
transportable and built on a permanent chassis. The structure shall
not have a foundation other than jacks, piers, wheels or skirtings.
"Model studio"
shall mean:
1.
Any premises on which there is conducted the business of furnishing
models (persons) who pose for the purpose of being observed or viewed
by any person or of being sketched, painted, drawn, sculptured, photographed,
or otherwise similarly depicted for persons who pay a fee, or other
consideration or compensation, or a gratuity, for the right of opportunity
so to depict the model (person), or for admission to, or for permission
to remain upon, or as a condition of remaining upon the premises;
2.
Any premises where there is conducted the business or furnishing
or providing or procuring for a fee or other consideration or compensation
or gratuity, models (persons) to be observed or viewed by any person
or to be sketched, painted, drawn, sculptured, photographed, or otherwise
similarly depicted.
"Modular home"
shall mean a manufactured dwelling unit that can be transported
in whole or in modular parts, to a site by trailer or wheels. The
modular home shall be placed on a permanent foundation.
"Motel"
shall mean "hotel" as "hotel" is defined in this Chapter.
"Motor home"
shall mean a motor vehicle originally designed, or permanently
altered, and equipped for human habitation, or to which a camper has
been permanently attached. A motor vehicle to which a camper has been
temporarily attached is not a motor home. A motor home shall not be
deemed to be a motor truck.
"Motor sport dealership"
mean a retail facility that specializes in the sale of all-terrain
vehicles (ATVs), motorcycles for the purposes of off-road, motocross,
or dual purposes, personal watercraft such as jet skis, utility and
recreation utility vehicles for the purposes of traveling off-road,
and snowmobiles. Accessory uses for the service and repair of vehicles,
and the retail sales of goods and parts directly related to those
vehicles sold at the facility is permitted. "Used" or "pre-owned"
vehicles are not allowed to exceed 20% of the sales, display and storage
area of a motor sports dealership.
"Motor truck"
shall mean a motor vehicle designed, used and maintained
primarily for the transportation of property; and shall mean a truck.
"Motor vehicle"
shall mean a vehicle which is self-propelled. "Motor vehicle"
does not include a self-propelled wheelchair, invalid tricycle, or
motorized quadricycle when operated by a person who, by reason of
disability, is otherwise unable to move about as a pedestrian.
"Mulch"
shall mean any material such as leaves, bark, straw, or other
materials left loose and applied to the soil surface to reduce evaporation.
"Nonconforming lot"
means any subdivision of land that was lawfully established
and in compliance with all applicable ordinances and laws at the time
the property was subdivided or developed, but which, due to a subsequently
enacted ordinance or law, no longer complies with all the applicable
regulations and standards of the zone in which the property is located.
"Nonconforming structure"
means any structure, building or improvement that was lawfully
established and in compliance with all applicable ordinances and laws
at the time it was erected, but which, due to a subsequently enacted
ordinance or law, no longer complies with all the applicable regulations
and standards of the zone in which it is located.
"Nonconforming use"
means a use or activity of land that was lawfully established
and in compliance with all applicable ordinances and laws at the time
it was undertaken, but which, due to a subsequently enacted ordinance
or law, no longer complies with all the applicable regulations and
standards of the zone in which the use is located.
"Office"
shall mean a commercial use where a building, room or series
of rooms is used to conduct professional-type business and where usually
no more than three persons are served at one time in an individual
room.
"Open space, usable"
shall mean outdoor space open to the sky, which is designed,
constructed, and maintained for the use of residents, and occupants
of the site. Usable open space must be improved with landscape or
hardscape for recreational or other pedestrian-oriented use.
"Outdoor transitional staging area"
shall mean a designated area contained within solid walls,
that allow for the temporary storage of items associated with the
operations of the commercial activity that is located on the site.
Items temporarily stored in the outdoor transitional staging area
may be appliances intended for recycling, commercial-grade cardboard,
and similar items that shall be moved off the premises within seven
days.
"Parcel of land"
shall mean a contiguous quantity of land, in the possession
of, or owned by, or recorded as the property of, the same claimant
or person.
"Park or parking"
shall be as defined in Section 463 of the California Vehicle
Code as such section may be amended from time to time.
"Parking area, public or private"
shall mean an open area other than a street, alley, or place,
used for the temporary parking of automobiles and available for public
or private use whether free, for compensation or as an accommodation
for clients or customers.
"Parking space, automobile"
shall mean space exclusive of driveways, ramps, columns,
loading areas, offices or work area, for the parking of one automobile,
such space to be accessible at all times.
"Parking space, legal"
shall mean an on-site area reserved for the parking of a
motor vehicle, such space having a dimension of not less than nine
feet by 20 feet adjacent to such additional area as is necessary to
afford adequate and unimpaired access which is legally and permanently
available for such use, not located within a required front yard,
meets all requirements of the Bellflower Municipal Code including
required covering and paving, or that meet all City and/or County
requirements at the time the space was provided, or that is approved
by a Development Plan or other plan process by the City.
"Pawn shop"
means a business operated by a "pawn broker" as regulated
by California law including, without limitation,
Financial Code Section
21000.
"Person"
shall mean an individual, firm, co-partnership, joint venture,
association, social group, fraternal association, corporation, estate,
trust, receiver, syndicate, Federal, State, County or City government,
or any other group or combination acting as an entity.
"Plot plan"
shall mean a drawing of a lot or parcel and the adjacent
and surrounding areas, showing the use and location of all buildings
and improvements in existence or contemplated by the owner, with dimensions
of such lot, parcel, building and improvements, and drawn to such
scale, size, detail and description as may be required by the Commission
or City Council.
"Podium parking"
shall mean parking spaces that are covered by the ground
floor of a building and are completely enclosed by walls. Podium parking
may occur below the grade of the adjacent sidewalk.
"Pool hall"
shall mean billiard parlor as defined in this Chapter.
"Predominant use or activity"
shall mean any identifiable activity occurring on a premises
which is greater in amount than any other activity or component of
use occurring on the same premises. For this purpose, the most appropriate
criterion for measuring amount of activity shall be determined by
the Director of Planning from among such measures as floor space,
revenue, traffic volume, etc.
"Public parking garage"
shall mean a building used for the parking or storage of
automotive vehicles off the street for compensation, or as an accommodation
for clients or customers, and including service station use, but not
including automotive repairs, body and fender works, or auto painting.
"Public realm"
shall mean any publicly-owned streets, roadways, sidewalks,
parks, plazas, and other open spaces that comprise the shared space
of the City for its visitors, employees and residents. It can include
the space between buildings where civic interaction occurs and is
defined in contrast to private property.
"Reclaimed water"
shall mean treated or recycled waste water of a quality suitable
for nonpotable uses such as landscape irrigation; not intended for
human consumption.
"Recreational vehicle"
shall mean a motor home, house car, trailer coach, camper,
camp trailer, with or without motor power, with 320 square feet or
less in area, designed for human habitation for recreational or emergency
occupancy.
"Recycling center"
means a facility, structure or enclosed space used for the
collection and/or processing of recyclable materials. A certified
recycling center is an operation that is certified by the California
Department of Resources Recycling and Recovery, known as CalRecycle,
as meeting the requirements of the Beverage Container Recycling and
Litter Reduction Act of 1986 (
Public Resources Code Section 14500
et seq.) by accepting containers from customers, and paying the redemption
bonus for all types of empty beverage containers intended to be recycled.
"Religious facility"
means a facility where people regularly assemble to participate
in or hold religious services, meetings, or other religious activities.
Religious facility includes a church, synagogue, mosque, temple, gurdwara,
or any other place of religious worship. Religious facility also includes
related accessory uses on the same site, such as living quarters for
staff or child day care facilities, where authorized by the same type
of land use permit required for the religious facility itself.
"Residential care facility for the elderly"
(
Health and Safety Code Section 1569.2) shall mean a housing
arrangement chosen voluntarily by persons 60 years of age or over,
or their authorized representative, where varying levels and intensities
of care and supervision, protective supervision, or personal care
are provided, based upon their varying needs, as determined in order
to be admitted and to remain in the facility.
"Retail"
shall mean any commercial use where commodities, goods, and
articles are sold for consumption or use directly by the public.
"Reverse vending machines"
means an automated mechanical device that accepts at least
one or more types of empty beverage containers, including, but not
limited to, aluminum cans, glass and plastic bottles, and issues a
cash refund or a redeemable credit slip with a value not less than
the container's redemption value as determined by the State. This
machine may sort and process containers mechanically provided that
the entire process is enclosed within the machine.
"Sanitarium"
shall mean a health station or retreat or other place where
patients are housed, and where treatment is given, but excluding mental
institutions or institutions for treatment of persons addicted to
the use of drugs.
"Secondhand store"
shall mean any premises predominantly used for the sale or
handling of used goods which are generally complete and useful by
themselves and not part of a larger item and which are usually sold
in the same form as when new, but at a substantially lower price.
Secondhand store includes establishments for the sale or trade of
used clothing, furniture, and appliances, junk or salvage yards as
defined in this chapter, sale of construction or industrial equipment,
machinery or supplies.
"Self-service storage facility"
shall mean any real property designed and used for the purpose
of renting or leasing individual storage spaces to tenants who are
to have access to such space for the purpose of storing and removing
personal property.
"Semi-public building or use"
shall mean a building or use operated by a private, nonprofit,
religious, fraternal, or medical institution. The majority of the
area or the primary purpose of the use is to service the general public;
renting or subletting to others for private purpose may only be accessory
to the semi-public purposes.
"Senior citizen housing development"
shall mean senior citizen housing as defined in Section 51.3
(a housing development developed, substantially rehabilitated, or
substantially renovated for senior citizens that has at least 35 dwelling
units) and Section 51.12 of the California
Civil Code, or a mobile
home park that limits residency based on age requirements for housing
for older persons pursuant to Section 798.76 or 799.5 of the Civil
Code.
"Service stations"
shall mean a retail place of business primarily selling motor
fuel and oil for motor vehicles; also included in said business is
the ancillary servicing and selling of batteries, tires, automotive
accessories and replacement items; and furnishing minor repair service
excluding motor overhaul, body work, steam cleaning and tire recapping.
"Shipping container"
shall mean any metal shipping container which is designed
to be used to transport goods and materials by truck, train, ship
and/or air, and which are used for the storage of goods, merchandise
or equipment.
"Sign"
means any structure, device, or material, temporary or permanent,
fixed or portable, moving or stationary, whether located inside or
outside a building, that is visible from any property where the primary
purpose of the sign is to convey visual communication. "Sign" does
not include the following:
1.
Interior signs that are located entirely within an enclosed
structure and not visible from the exterior;
2.
Building features that are only decorative or architectural
and do not include lettering, trademarks, or moving parts;
3.
Symbols of noncommercial organizations or concepts including,
without limitation, religious or political symbols when they are permanently
integrated into the structure of a building;
4.
Items or devices of personal apparel, decoration or appearance
including, without limitation, tattoos or makeup;
5.
Marks on tangible products that identify the maker, seller,
provider or product, and that customarily remain attached to the product
even after completion of a sale;
6.
Traffic, directional, emergency, warning or informational signs
required or authorized by a government agency having jurisdiction;
8.
Advertisements or banners mounted on duly licensed mass transit
vehicles including, without limitation, buses and trains, that legally
pass through the city;
9.
Grave stones or grave markers;
10.
Insignia located on legal vehicles and water craft including,
without limitation, license plates, registration insignia, noncommercial
messages, messages relating to the business for which the vehicle
is an instrument or tool, and messages relating this sale, lease or
exchange of vehicles or watercraft;
11.
Foundation stones and corner stones if cut into any masonry
surface or inlaid to be part of a building when constructed of bronze
or other incombustible material; and
12.
Newsracks and newsstands.
"Sign, off-premises"
means a sign not pertaining to a business, product, activity,
or service which is available at, or conducted on, the premises on
which the sign is located. For example, a billboard or other advertising
structure would be considered an off-premises sign.
"Sign, on-premises"
means a sign pertaining to a business, product, activity,
or service which is available at, or conducted on, the premises on
which the sign is located.
"Single room occupancy (SRO) housing"
shall mean housing units consisting of single-room floor
plans typically no larger than 400 square feet of habitable space
serving as the primary residence of its occupant or occupants. In
addition, single room occupancy housing units shall provide sanitary
facilities, or a food preparation area, or both.
"Specific adverse impact"
shall mean a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that
the application for the housing development was deemed complete. Mere
inconsistency with the zoning ordinance or general plan land use designation
shall not constitute a specific, adverse impact upon the public health
or safety.
"Specified anatomical areas"
shall mean:
1.
Less than completely and opaquely covered:
a.
Human genitals, pubic region;
c.
Female breast below a point immediately above the top of the
areola.
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified sexual activities"
shall mean:
1.
Human genitals in a state of sexual stimulation or arousal;
2.
Acts of human masturbation, sexual intercourse or sodomy;
3.
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
"Stable, private"
shall mean any structure or enclosure for the keeping of
horses, ponies, donkeys, burros, mules, owned by the occupants of
the premises and not kept for remuneration, hire or sale.
"Story"
shall mean that portion of a building included between the
upper surface of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling
or roof above. Story includes a basement, but not a cellar.
"Street"
shall mean a public thoroughfare accepted by the City, which
affords principal means of access to abutting property, including
avenue, place, way, drive, lane, boulevard, highway, road and any
other thoroughfare except an alley as defined herein, such street
to have a minimum width of 20 feet or more, or a recorded private
thoroughfare in existence on the effective date of the ordinance codified
in this title.
"Street line"
shall mean the boundary between a street right-of-way and
abutting property.
"Structure"
shall mean anything constructed or erected which requires
a fixed location on the ground, or is attached to a building or other
structure having a fixed location on the ground.
"Structural alteration"
shall mean any change in the supporting members of a structure,
such as bearing walls, columns, beams or girders, or additions thereto
or changes in the exterior dimensions of a structure.
"Substantial remodel"
means the alteration of an existing nonconforming building
to such a degree that the entire building must conform to all current,
applicable zoning regulations, including, without limitation, land
use approval, setbacks, height, and parking. Structures substantially
remodeled will be considered demolished.
"Supportive housing"
shall mean housing with no limit on length of stay, that
is occupied by the target population, and that is linked to on-site
or off-site services that assist the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing
his or her ability to live and, when possible, work in the community.
"Surface parking"
shall mean parking spaces that are not covered by a building
and are not enclosed by walls. Surface parking is also known as a
"parking lot."
"Swap meet (indoor and outdoor)."
An "indoor swap meet" is defined as a store that has been
internally subdivided to allow for individual sales booths or stores
which are available for lease to individual tenants for display of
goods for sale and are designed in a manner that there is not direct
access from the sales booth/store to the outside parking area. The
meaning of "internally subdivided" includes, but is not limited to,
construction of floor-to-ceiling partitions, partial partitions, glass
"storefront" window area, temporary partitions and portable partitions.
Any building in which one vendor utilizes at least 80% of the floor
area for sale of goods shall not be considered an indoor swap meet.
An "outdoor swap meet" has operational characteristics similar to
an indoor swap meet, except that no building and/or structure is being
utilized for sales and/or storage.
"Swap meet exhibitor"
shall mean a person or persons who exhibits, displays, sells,
exchanges, and/or offers for sale or exchange any goods at a swap
meet. Each swap meet exhibitor must have a permit from the State Board
of Equalization to conduct business at that particular location.
"Swap meet operator"
shall mean a person or organization that conducts or operates
a swap meet, whether or not the operator is also a swap meet exhibitor.
"Tattoo/tattooing"
means to insert pigment, ink or dye under the surface of
the skin of a person by pricking with a needle or otherwise, to permanently
change the color or appearance of the skin to produce an indelible
mark or figure visible through the skin. "Tattooing" does not include
application of permanent make-up that is performed as an incidental
service in a beauty shop, day spa, or other service or retail establishment.
"Theater"
shall mean an indoor facility for group entertainment, other
than sporting events. Examples of these facilities include:
1.
Civic theaters, and facilities for "live" theater and concerts;
"Trailer"
shall mean a vehicle designed for carrying materials, goods,
equipment and merchandise on its own structure and for being drawn
by a motor vehicle and so constructed that no part of its weight rests
upon any other vehicle.
"Trailer, automobile"
shall mean a vehicle without motor power, designed to be
drawn by a motor vehicle and to be used for human habitation and for
carrying persons and property, including also a self-propelled vehicle
having a body designed for the same uses as an automobile trailer.
"Trailer coach"
shall mean a vehicle, other than a motor vehicle, designed
for human habitation, or human occupancy for industrial, professional
or commercial purpose, for carrying property on its own structure
and for being drawn by a motor vehicle.
"Trailer park"
shall mean land or premises used or intended to be used,
let or rented for occupancy by one or more trailers or movable dwellings,
rooms or sleeping quarters of any kind.
"Transitional housing" and "transitional housing developments"
shall mean a building or buildings configured as rental housing
developments, but operated under program requirements that call for
the termination of assistance and recirculation of the assisted unit
to another eligible program recipient at some predetermined future
point in time, which shall be no less than six months.
"Truck"
shall mean a motor truck (refer to "motor truck").
"Tuck-under parking"
shall mean parking spaces that are covered by the upper floor
of a building, but are otherwise open.
"Turf"
shall mean a surface layer of earth containing mowed grass
with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass,
Red fescue, and Tall fescue are cool-season grasses. Bermuda grass,
Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass,
and Buffalo grass are warm season grasses.
"Unattended donation box"
means any container, receptacle, or similar device that is
located on any lot within the City and that is not regularly supervised
and is used for soliciting and collecting donations of clothing or
other salvageable personal property. This term does not include recycle
bins for the collection of recyclable material governed or regulated
by this title or any such container, receptacle, or device located
within a building.
"Underground level"
shall mean that portion of a structure between the floor
and ceiling which is wholly or partly below grade and having more
than one-half of its height below grade.
"Use"
shall mean the purpose for which land or building is designed,
arranged, or intended or for which either land or building is or may
be occupied or maintained.
"Use, accessory"
shall mean a use incidental or subordinate to, and devoted
exclusively to the main use of a lot or a building located on the
same lot.
"Valve"
shall mean a device used to control the flow of water.
"Van"
shall mean a motor vehicle with a box-like body, less than
seven feet in width, that may be equipped for a variety of purposes,
i.e., carrying passengers, cargo or for camping and human occupancy.
Vans are usually limited to a maximum of 15 adult person capacity,
but maxi-vans are equipped for 15 adult person capacity on the same
approximate 11 1/2 foot wheel base. This definition includes maxi-vans
and super vans and does not include mini-vans which are designed for
a maximum of eight to 10 adult persons.
"Vehicle"
shall mean a device by which any person or property may be
propelled, moved or drawn upon a highway, excepting a device moved
exclusively by human power or used upon stationary rails or tracks.
"Vehicle, inoperable"
shall mean a vehicle which is intended to be a self-propelled
motor vehicle which is currently not mechanically or legally capable
of such self-propelled motion, a vehicle that, because of its condition,
is not capable of being legally operated on any public street or highway,
a vehicle which is currently registered with the Department of Motor
Vehicles (DMV) under a Certificate of Non-operation or as a Non-repairable
Vehicle as defined in the California
Vehicle Code, or any vehicle,
regardless of its mechanical condition, which is not currently registered
with the Department of Motor Vehicles.
"Wireless communication"
shall mean a broad range of telecommunications services that
enable people and devices to communicate independent of location via
radio frequency signals. Current technologies include cellular pagers,
personal communications services (PCS), enhanced specialized mobile
radio (ESMR) and other similar wireless commercial telecommunication
devices and all associated structures and equipment including transmitters,
antennas, masts, ground mounted antennas and microwave dishes, cabinets,
and equipment rooms. As used in this title, the term does not include
radio and television signals, noncommercial antennas (such as amateur
radio antennas), and noncommercial satellite dishes.
"Yard"
shall mean an open space other than a court on the same lot
with a building, which open space is unoccupied and unobstructed from
the ground upward, except as otherwise provided in this Chapter.
"Yard, front"
shall mean a yard extending across the full width of the
lot, the depth of which is the minimum horizontal distance measured
from the nearest part of a building or structure to the nearest point
on the front lot line.
"Yard, rear"
shall mean a yard extending across the full width of the
lot between the main building and the rear lot line; the depth of
the required rear yard shall be measured horizontally from the nearest
part of the main building toward the rear lot line.
"Yard, side"
shall mean a yard between the main building and the side
lot line, extending from the front yard, or front lot line where no
front yard is required, to the rear yard; the width of the required
side yard shall be measured horizontally from the nearest point of
a side lot line toward the nearest part of a main building.
(Prior code § 19-2; Ord. 1182 §§ 2, 3, 6/8/09; Ord. 1185 § 1, 9/14/09; Ord. 1217 § 1, 9/26/11; Ord. 1231 §
1, 11/13/12; Ord. 1252 § 1, 10/14/13; Ord. 1253 § 3, 10/14/13; Ord. 1271 § 3, 2/24/14; Ord. 1272 § 3, 4/28/14; Ord. 1281 §
3, 9/8/14; Ord. 1293 § 3, 8/24/15; Ord.
1316 § 1, 9/26/16; Ord. 1319 § 2, 10/10/16; Ord. 1321 § 9, 10/24/16; Ord. 1345 § 6, 9/25/17; Ord. 1346 §
5, 10/23/17; Ord. 1352 § 3, 2/26/18; Ord.
1370 § 5, 3/11/19; Ord. 1404 § 6, 12/14/20; Ord. 1417 § 9, 8/8/22)