The purpose of this chapter is to promote consistency and precision
in the application and interpretation of zoning regulations. The meaning
and construction of words and phrases defined in this chapter shall
apply throughout title, except where the context or use of such words
or phrases clearly indicates a different meaning or construction intended
in that particular case.
(O2003-12)
A.
The
particular shall control the general.
B.
Unless
the context clearly indicates the contrary, the following conjunctions
shall be interpreted as follows:
C.
In
case of conflicts between the text and any illustration, the text
shall control.
D.
The
word "shall" is mandatory and not discretionary. The words "may" and
"should" are permissive and discretionary.
E.
References
in the masculine and feminine genders are interchangeable.
F.
Unless
the context clearly indicates the contrary, words in the present and
the future tense are interchangeable, and words in the singular and
plural are interchangeable.
(O2003-12)
means bordering on.
means a small dwelling unit, accessory to a principal dwelling unit on the same lot, not intended for sale separate from the principal dwelling unit, and meeting the standards identified in Section 17.52.015.
means an accessory dwelling unit attached to, or located
within the living area of, the principal dwelling unit.
means an accessory dwelling unit detached from, but located
on the same lot as, the principal dwelling unit.
means a use, building or structure both subordinate and incidental
to the principal use, building or structure on the same lot.
means a structure added to the original structure or site
at some time after the completion of the original structure. A residential
addition to a structure shall have an interior connection to that
structure.
means any authorized person acting for the property owner
or applicant.
means the raising of animals or birds listed in Section 17.52.050(C)(3) for personal or commercial use.
means the planting, growing, and harvesting of crops or plants,
or the preparation of land for this purpose of more than one-half
acre of land for viticulture, horticulture or similar intensive farming.
means the use of the land for agricultural purposes, including
farming, dairying, grazing, horticulture (including Christmas trees),
viticulture, apiaries, and agricultural animal keeping; but not including
stockyards or the commercial feeding of garbage or offal to swine
or other animals.
means public or private way that affords only secondary access to abutting property. Alley lot lines are considered a rear lot line, and rear yard standards apply, unless an accessory dwelling unit is proposed. (For alley accessory dwelling units, see Section 17.52.015.)
means any change, addition or modification to an existing
condition or to approved plans.
means any change in the wording of this title; or a change
in the zone classification or zoning district boundary upon the zoning
map.
means any mammal, poultry, bird, reptile, fish, or any other
creature or any live vertebrate creature other than a human being
(See Household pet).
means the addition of lots into the city with a resulting
change in the boundaries of the city.
See Dwelling, multifamily.
means a place where one or more bee colonies are kept.
means any person, firm, partnership, association, joint venture,
corporation, or any entity, combination of entities or consortium
who seek approval of a city permit or other entitlement for use of
property.
means a roof-like cover that projects from the wall of a
building, shielding a doorway or window from the elements.
means a platform, enclosed by a parapet or railing, projecting
from an exterior wall of a building.
See Cocktail lounge.
means any floor level below the ground level story in a building.
If the finished floor level directly above a basement is more than
six feet above grade for more than 50% of the total perimeter or is
more than 12 feet above grade, as defined herein, at any point such
basement shall be considered a story (See Story).
means a building of historic and/or architectural significance which provides guest rooms and breakfast for transient occupancy guests and which is the primary residence of the owner or manager. A bed and breakfast inn may not be operated as a time share project/use (See Chapter 17.52 for standards relating to).
means any habitable room with no less than 70 square feet
of floor area and no dimension less than seven feet in a dwelling
other than bathroom(s), kitchen, living and dining room. Unless specifically
designed to exclude its use as a bedroom (e.g., no closet, enlarged
entry ways without doors, no windows open to the exterior, etc.),
any den, study or other room meeting the above definition of a bedroom
shall be considered a bedroom for the purpose of meeting the standards
of the code.
means a queen bee with a cluster of worker-bees in all stages
of life.
means structure which has provisions for movable comb intended
for habitation or dwelling of bees.
means honey bees as defined in this section.
means a usually rectangular section of a city or town bounded
on each side by consecutive streets. In unusual situations where there
is no street on one or two sides the block may be bounded by city
limits, a creek or a river or other geographic feature, as determined
by the Community Development Director.
means a fixed structure supported by pilings or floats typically
made of wood or concrete connected to land that is used to secure
boats and provide dry pedestrian access to land.
means a food processing use characterized by its small size,
lack of nuisance impacts on neighboring uses, and on-site sales of
products prepared.
means a roofed or trellised open passage with a minimum width
of four feet connecting two structures, such as a house and a garage.
means any structure intended for any use or occupancy with
substantial walls and roof.
means the portion of a lot where the principal building(s)
can be located and does not include the setback(s) and yard(s) required
by the zoning district in which the lot is located.
means the total gross building floor area. See Floor area.
means the outer surface of an exterior wall of a building.
For example, a building with a rectangular plan has four exterior
walls and four building faces.
means the vertical distance from average grade, as defined
herein, to the highest point of the roof, ridge or parapet wall. In
calculating the height of a stepped or terraced building, the height
of each individual segment of the building shall first be calculated;
the height of a stepped or terraced building is the height of the
tallest segment of the building.
means the officer or other designated authority charged with
the administration and enforcement of the building, housing, plumbing,
electrical and related codes, as provided by Title 15 of this code.
means a building in which is conducted the principal use
of the lot on which it is situated and to which setbacks and yards
apply.
means a structural, ornamental roof-like appendage, freestanding
or attached to a building, including roof overhangs, but excluding
awnings or metallic hoods.
means a roofed structure providing space for the parking
or storage of motor vehicles and open on one or more sides.
means a structure, or portion thereof, designed and intended
for washing motor vehicles; whether a principal or an accessory use,
attended or unattended.
means a building used as a residence by a security guard
or caretaker of a use, located on or adjacent to the premises occupied
by the use, and which is reasonably necessary to provide adequate
security for the use.
See Street, center line of.
means a nonprofit association of persons, whether incorporated
or unincorporated, organized to pursue common goals, interest or activities,
but not including a group organized solely or primarily to render
a service customarily carried on as a business.
means a commercial establishment whose principal use is the
on-site sale and consumption of alcoholic beverages, including taverns
and similar uses.
means a type of typically ownership housing in which residents
actively participate in the design and operation of their neighborhoods.
Co-housing includes private homes, but also extensive common facilities
such as open space, playgrounds, courtyards, and a common house.
means any facility, place, or building licensed by the state
which is maintained and operated to provide nonmedical residential
care, day care, or home-finding agency services for children, adults
or children and adults, including, but not limited to, the physically
disabled or mentally impaired. This definition and all other definitions
relating to community care facilities shall be interpreted so as to
be consistent with definitions found in state law or state administrative
regulations.
means the Community Development Department of the city.
means the Director of the Community Development Department
of the city.
means a use, structure or other development for which a use
permit is required.
means a facility meeting the definition of a hotel with ownership
structured as a condominium, cooperative or other ownership/financing
arrangement found by the Community Development Director to be similar
in function and/or operation, but shall not include timeshares in
or interval or fractional ownership of a hotel.
means an estate in real property consisting of an undivided
interest in common in a portion of real property together with a separate
interest in space or a portion of such real property in a residential,
industrial, or commercial building or such real property, such as
an apartment, office or store (see Residential condominium project).
means any work for which a building permit, grading permit
or other similar city permit is required; landscaping; or the erection,
installation or painting of signs or public art.
See Abut.
means a retail facility characterized by: small size (typically
less than 7,500 square feet), limited range of products, limited product
lines, limited inventory on hand, and an emphasis on daily household
items including prepared foods and beverages. Convenience markets
are also characterized by locations in close proximity to residential
neighborhoods outside of larger shopping centers.
means an enterprise defined by the California Health and Safety Code Section 11378, holding a permit or registration by the county of Napa, and is generally an accessory business located within a residence where nonpotential hazardous food products are prepared or packed for direct ("Class A" as defined in Section 113758), indirect ("Class B" as defined in Section 113758), or direct and indirect sale to consumers (see Section 17.52.105).
means as defined in the General Plan transportation element:
specified major corridors for community wide circulation. These corridors
are identified in the zoning ordinance through the :TI Traffic Impact
Overlay District.
means a small, usually domed structure surmounting a roof
for decorative purposes provided it does not contain flooring nor
serve as a story.
means an existing or proposed building, equipment and any
accessory structures on a site, in which there are programs and personnel
licensed by the state for direct child or adult care services including,
but not limited to shelter, food, education and play opportunities
for a portion of the day. There are two basic types or designations
of child or adult day care facilities:
means the person, commission or council charged with the
authority in this title to make a decision on a permit.
means a platform requiring ground supports usually extending
from the main wall of the structure and used as exterior floor space.
means the intentional removal of all or part of a building
or structure.
means anew.
shall have the meaning and applicability, and shall be defined,
as set forth in Government Code Section 65915.
means the General Plan establishes minimum and maximum densities for residential uses in all parts of the city. Residential density is a computation expressing number of dwelling units per acre. See Chapter 17.52 for density calculation.
means a discretionary permit authorizing approval of the
design and materials of a structure and/or site plan.
means the shortest horizontal distance between the exterior
walls of two buildings.
means a portion of the territory of the city within which
certain uniform regulations and requirements, or various combinations
thereof, apply under the provisions of this title; includes zoning
district and zone.
See Drive-through use.
means an establishment which by design, physical facilities,
service, or by packaging procedures permits customers to receive services,
obtain goods including food, or be entertained while remaining in
their motor vehicles.
See Drive-through use.
means a paved way that provides direct access from a public
or private street to one or two dwelling units, a use or parking facility.
means a paved way that provides direct access from a public
or private street to an individual dwelling unit.
means two attached single-family dwellings on separate lots
of record.
means a building which is designed or used exclusively as
a residence, and has two separate dwelling units on an individual
lot.
See Accessory dwelling unit.
means one single-family dwelling located on an individual
lot of record that is attached to one or more adjacent single-family
dwellings by a common vertical wall on the joint property line.
means a single-family dwelling which is not attached to any
other dwelling, with the possible exception of an accessory second
unit on an individual lot.
means a group of two or more detached buildings, each of
which contains one dwelling unit, located on a single lot in one ownership.
means a building designed or used exclusively as a residence,
including two or more separate dwelling units. This definition includes,
but is not limited to, duplexes and triplexes, apartments, and townhomes
under a common ownership.
means a building, including a manufactured home, or mobile
home constructed to meet 1976 HUD standards, when placed on a permanent
foundation, which is designed or used exclusively as a residence,
including only one dwelling unit.
means a development style that provides dwelling units in
an attached pattern, each of which is located or capable of being
located on a separate lot; and each of which is separated from the
adjoining dwelling unit by an approved wall, extending from the foundation
through the roof and structurally independent of the corresponding
wall of the adjoining unit.
means a building or portion of a building including one or
more rooms which is designed or used as a residence for one household
with facilities for living, sleeping, cooking, dining and sanitation.
means any dwelling unit wherein one habitable room provides
for combined living, sleeping, cooking, dining and sanitation.
means a limited right of one person or class of persons to
use real property owned or occupied by another, which right is described
specifically as to location and entitlement to use.
means the projecting lower edges of a roof overhanging the
wall of a building.
means any use devoted to learning, whether it be public,
private, commercial or noncommercial.
means an area used, or designated to be used, for the preparation
of food with the following minimal requirements: (1) a sink with a
maximum waste line diameter of 1.5 inches, (2) a cooking facility
with appliances that do not require electrical service greater than
120 volts, natural gas, or propane gas, and (3) a food preparation
counter and storage cabinets that are of reasonable size in relation
to the size of the dwelling unit.
means housing with at least minimal supportive services for
homeless persons that is limited to occupancy of six months or less
by a homeless person. No individual or household may be denied emergency
shelter because of an inability to pay. Outside of the PQ-P District,
where emergency shelters are specifically listed and allowed as a
permitted use, emergency shelters are allowed as "community care facilities."
shall be as defined in California Health and Safety Code
Section 17021.6.
means single-family housing for six or fewer employees. Also
includes employee housing for six or fewer agricultural workers defined
in California Health and Safety Code Subdivision 17008(b), even if
the housing accommodations are not located in a rural area.
means an increase in the size of an existing building or
structure or an increase in the physical area occupied by a use of
land.
means to construct, place, relocate, enlarge, substantially
alter, attach, suspend, paint, post, or display. Normal maintenance,
including refinishing is not included in this definition.
means the detachment and movement of soil or rock fragments
or the wearing away of the land surface by water, wind, ice and gravity.
means any structural alteration or renovation to the outside
of an existing structure other than an addition.
See Household.
See Day care facility.
means capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
environmental, social, and technical factors. Feasibility is determined
by the city.
means an artificially constructed barrier of any material
or combination of materials erected to enclose, screen or separate
areas of land usually made of posts with wires or wood and including
walls or like structures.
means a standard of physical features of and operational
(service expectations) aspects for a hotel that meets or exceeds the
criteria established for the American Automobile Association ("Association")
"four diamond" properties. Should this Association cease to exist
or to publish physical and/or operational criteria, for hotels, or
where otherwise necessary to further the purposes of this chapter,
the Community Development Director may utilize a similar set of criteria
that he or she finds will meet the intent of this definition. The
first-class hotel standard shall also include, without limitation,
operation of the hotel on a seven-day-a-week basis, with sufficient
room service, housekeeping (including housekeeping of the individual
units), food and beverage service, concierge, parking, bellman, banqueting
and meeting services.
means a lot that has less than the minimum required frontage
on a public or private street, have access to a public or private
street by a narrow strip of land, and the largest portion of the lot
is situated behind adjoining lots which front on a public or private
street.
See Story.
means the sum (square feet) of the all enclosed or covered
areas of each floor of all structures greater than 120 square feet
in floor area on the site, measured to the exterior of the enclosing
walls, columns or posts including basement areas, unfinished attic
or loft spaces and other areas capable of being finished into usable
space as determined by the Uniform Building Code. Excluded are areas
permanently open to the sky, exterior areas under roof eaves, trellises
or cantilevered overhangs; and attic spaces and underfloor spaces
that are not capable of being finished into habitable space.
means the General Plan establishes floor area ratios as the measure for nonresidential intensity in all parts of the city. The floor area ratio is a computation determined by dividing the total gross building square footage by the land area of the lot. See Chapter 17.52 for calculation of floor area ratios.
means a commercial establishment for the on-site sale and
consumption of meals consisting of foodstuffs which have been prepared
or packaged on the premises.
means a retail food store characterized by its small size,
a limited number of high quality specialty food items and/or beverages
typically including premium wine and beer.
means that portion of a building or lot facing and having
access to a public or private street, including an alley.
means a commercial establishment that offers six or more
electronic games for temporary hire as a form of entertainment.
means a structure, or part thereof, used or intended to be
used for the parking or storage of vehicles. Includes public and commercial
parking facilities. See also Carport.
See Service station.
means the comprehensive, long-term plan, consisting of maps,
policies and programs adopted by the City Council for the orderly
physical development of the land and the preservation of open space
in the city according to Section 65300 et seq., of the California
Government Code.
means the effect produced by brightness sufficient to cause
annoyance, discomfort, or loss in visual performance and visibility.
means the degree of deviation of a surface from the horizontal,
usually expressed in percent, degrees or ratios. Grade is referenced
or measured in the following ways:
Percent Grade. The change in elevation or rise (in feet) divided
by the horizontal distance or run (in feet) multiplied by 100 (e.g.,
50 feet/480 feet × 100 = 10.5%).
Degrees. The angle of deviation from the horizontal which ranges
from zero degrees for horizontal to 90 degrees for vertical (e.g.,
a 50% grade is equal to 26.5 degrees).
Grade Ratio. The ratio between the horizontal or run (in feet)
and vertical or rise (in feet) (e.g., a three to one grade (expressed
as 3:1): three horizontal feet to one vertical foot; a 100% grade
is the same as a grade ratio of 1:1 and is the same as 45 degrees).
means the average of the finished ground level (finished
grade, as defined herein) at the outermost corners of a building (or
building segments of stepped or terraced buildings) (see Building,
height of).
means the elevation of the ground surface in its final state,
after manmade alterations.
means the elevation of the ground surface in its natural
state, before manmade alterations.
means shared living quarters without separate cooking or
bathroom facilities for each room or unit where occupants pay rent
separately to a landlord. This classification includes dormitories,
boardinghouses, private residential clubs and single-room occupancies
where more than two rooms are rented in multifamily districts, or
more than five rooms in single-family districts.
means any room or rooms used or intended to be used by a
guest for sleeping purposes in a principal or detached accessory dwelling
unit, but without cooking facilities.
means meeting the requirements of the California Administrative
Code, Title 24, including, but not limited to, insulation, heating,
ventilation and lighting (in relation to building construction).
means a use providing therapeutic services such as facials,
massage, herbal wraps, and similar.
See Building, height of.
means any landing area for helicopters on public or private
lands, which, in addition, includes all necessary facilities for the
picking up and discharging of passengers or freight.
means an occupation conducted within a dwelling unit and/or accessory building on a residential property by the occupants thereof, which is incidental and secondary to the use of the dwelling for residential purposes, as further defined in Chapter 17.52.
means honey-producing insects of the genus Apis, including
all life stages of such insects. Within this title, the term "honey
bees" is interchangeable with "bees."
means an institution in which patients are given medical
or surgical care and which is licensed by the state to use the title
hospital without another qualifying descriptive word (such as "convalescent").
means a facility offering transient lodging accommodations
typically on a daily rate to the general public and that may provide
additional services, such as restaurants, meeting rooms, and recreational
facilities.
means a person or group of people who live together in a
single dwelling unit, but not including the renting of rooms.
means up to six small domestic animals over the age of four
months of the type generally accepted as pets, including dogs, cats,
rabbits, pigeons, hens, and the like; but not including roosters,
quacking ducks, geese, pea fowl, goats, sheep, hogs, apiaries, venomous
reptiles, kennels, or the presence of animals for commercial purposes.
means the City of Napa Housing Authority.
See Dwelling unit.
means a facility licensed by the state which provides, on
a regular basis, health-related care and services to individuals who
do not require the degree of care and treatment which a hospital is
designed to provide, but who, because of their mental or physical
condition, require care and services (above the level of room and
board) which can be made available to them only through institutional
facilities such as these. Includes nursing homes, convalescent facilities
and similar.
means an accessory dwelling unit that is no more than 500
square feet in size and is contained entirely within the principal
dwelling unit.
means an area used, or designated to be used, for the cooking
or preparation of food, which includes the following: refrigerator,
sink and a cooking device such as a stove, oven, or range top.
means a use of land for permanent planned ornamental planting
and related structures.
means an area specifically designed and developed to include
one or more rooms that accommodates both work activity and residential
occupancy and which includes: (1) working space reserved for and regularly
used by one or more of the persons residing therein; and (2) living,
sleeping cooking, and sanitary facilities. All living space shall
be contiguous with and made an integral part of the working space
with direct access between living and working areas. In multifamily
districts, the residential use shall be the dominant use (typically
occupying 65% + of floor space) and work activities shall be consistent
with types permitted as home occupations.
means an accessory building or portion thereof (or a portion
of the main dwelling with a separate entrance and no interior connection
to the main dwelling), without cooking facilities, on the same lot
as a single-family dwelling, used for sleeping purposes by guests,
family members or others. For purposes of this chapter, a living quarter
is considered the same/must meet the same standards as an accessory
dwelling unit. There shall be no more than one accessory unit or living
quarter per lot.
means a floor area directly beneath the roof of a structure
raised above the main floor. When the total area of such loft exceeds
one-half of the floor area below, it shall be considered a story.
means a piece or unit of land, the boundaries of which have been established according to the legal requirements in effect at the time the lot was created or which has been issued a certificate of compliance, occupied or capable of being occupied, by a permitted principal building(s) and its accessory structures (See Lot access requirement, Chapter 17.52).
means a lot abutting upon two or more streets at their intersection,
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135 degrees.
means the land area covered by all buildings or structures
on a lot, including all projections except eaves. Decks or other structures
with an elevation of 18 inches or less above finished grade shall
not be considered as lot coverage.
means the width of the property at the front lot line.
means a lot other than a corner or through lot.
means the property line bounding a lot. Lots on private streets
that have access provided by way of an easement shall utilize the
edge of the street easement as the lot line, unless otherwise determined
by the Community Development Director (See Lot line, front).
means the line separating the lot from a public or private
street, or the line separating the principal access to the lot from
a publicly owned plaza, mall, or parking facility. In the case of
a corner lot, the front line is the shorter of any two adjacent street
lot lines.
means the lot line opposite to, and most distant from, the
front lot line other than a side lot line.
means any lot line, other than a front or rear lot line,
which intersects a front lot line.
See Lot.
See Nonconforming lot.
means a lot that has a pair of opposite lot lines along two substantially parallel streets (excluding alleys), and which is not a corner lot. Where there is access and building orientation to both streets, both street lot lines shall be deemed front lot lines. Otherwise, one lot line is considered the rear yard, where "back on" treatment applies if any fencing is proposed (See Fences, Chapter 17.52.).
means the horizontal distance between the side lot lines,
measured at right angles to the lot depth at the front setback line.
This term is defined by Section 50079.5 of the State Health
and Safety Code as persons and families whose income does not exceed
the qualifying limits for lower income families as established and
amended from time to time pursuant to Section 8 of the United States
Housing Act of 1937. The limits shall be published by the California
Department of Housing and Community Development (HCD) in the California
Administrative Code as soon as possible after adoption by the Secretary
of Housing and Urban Development. In the event such federal standards
are discontinued, HCD shall, by regulation, establish income limits
for lower income households for all geographic areas of the state
at 80% of area median income, adjusted for family size and revised
annually. For the City of Napa "area median income" means the median
family income of a household in the Vallejo-Fairfield-Napa Metropolitan
Statistical Area (MSA).
means a public promenade; or a shopping center where stores
front on both sides of a pedestrian way which may be enclosed or open.
means a single-family detached or attached structure that
is either wholly or substantially manufactured off-site, to be wholly
or partially assembled on site, manufactured under the authority of
42 USC Section 5401, the National Manufactured Home Construction and
Safety Standards Act of 1974, and shall include structures known as
manufactured homes or mobile homes. It is transportable in one or
more sections, is built on a permanent chassis, and is used as a residence,
but is not constructed with a permanent hitch or other device allowing
transport other than for the purpose of delivery to a permanent site,
and does not have wheels or axles attached permanently to its body.
means establishments engaged in the mechanical or chemical
transformation of materials or substances into new products including
the assembling or component parts, the manufacturing of products,
and the blending of materials such as lubricating oils, plastics,
resins or liquors.
means a structural flat roof structure attached to and supported
by a building and projecting over public property.
means a low-lying tract of soft, wet land characterized by
high water tables and extensive vegetation characteristic of wet places.
means an establishment where patients are studied or treated
by physicians specializing in various ailments. Also, a dispensary
or out-patient department of a hospital.
See Loft.
means an integrated combination of two or more land uses
on a lot or lots included in a development permit application. Land
uses may include residential, retail, commercial, office, light manufacturing,
or other uses as permitted by the General Plan land use category and
base zoning district.
means a development pattern that combines one type of use
on one part of a lot or lots involved in a development permit application
with a second use on another part of the same lot/lot(s).
means a development pattern where the mix of uses is combined
vertically in one or more buildings; e.g., retail use on the ground
floor with residential use on upper floor(s).
means a transportable, manufactured home, designed to be
used as a year-round residential dwelling unit, connected to required
utilities, and built prior to the enactment of the Federal Manufactured
Housing Construction and Safety Standards Act of 1974, which became
effective June 15, 1976. A mobile home does not include a recreational
vehicle, motor coach, trailer coach or travel trailer.
means a property under single ownership that has been planned
and improved for the placement of two or more mobile homes or manufactured
homes for rent, lease or purchase, and that may provide services for
the residents.
means an automobile, truck, trailer, or van, licensed by
the Department of Motor Vehicles which is used for the collection
of recyclable materials. A mobile recycling unit. Also the bins, boxes
or containers transported by trucks, vans, or trailers, and used for
the collection of recyclable materials.
See Hotel.
means general repair, rebuilding or reconditioning of engines,
motor vehicles, or trailers; collision service, including body, frame,
or fender repair; over-all painting.
means upholstering, replacement or adjustment of accessories
and parts, (i.e. tires, batteries, mufflers, oil change, lube, tune
up, etc.) and motor service to passenger cars and trucks not exceeding
one and one-half ton capacity; but not including other operations
named under motor vehicle repair, major.
means an interior or exterior area used for the display,
sale or rental of new or used automobiles, trucks, trailers, recreation
vehicles, mobile homes, motorcycles and boats in operable condition.
See Dwelling, multifamily.
means the City of Napa Municipal Code. Title 17, Zoning Ordinance,
is a part of this code.
means an area of a community with characteristics that distinguish
it from other community areas and which may include distinct historic
or design characteristics, schools, or boundaries defined by physical
barriers such as major highways and railroads or natural features
such as rivers. Where none of the conditions or characteristics described
above apply, a neighborhood is assumed to be the area within a radius
of approximately one-half mile of a specified site.
means a commercial establishment which serves alcoholic beverages
for on-site consumption and which provides entertainment, whether
live or mechanical as its principal use or as an adjunct use to another
use and in which dancing is allowed.
means a building or structure which was lawfully erected
prior to the adoption of this title; but which, under this title,
does not conform to the current standards of coverage, yards, setbacks,
height of buildings or structures, or distances between buildings
or structures prescribed in the regulations for the district in which
the building or structure is located.
means a legally established lot which does not conform to
current regulations regarding area, width, frontage or other such
standards for the zoning district in which it is located because of
rezoning, annexation or change in the regulations of this title, Title
16, or the Subdivision Map Act.
means a use of a structure or land, which was lawfully established
and maintained prior to the adoption of this title, but which, under
this title, does not conform with the current use regulations of the
district in which it is located.
See Day care facility.
See Intermediate care facility.
means the purpose for which a building is used or intended
to be used. The term shall also include the building or room housing
such use. A change of occupancy is not intended to include change
of tenants or proprietors without an accompanying change of use.
means a use providing administrative, professional or business
services involving predominantly administrative, professional or clerical
operations.
means a use providing consultation, diagnosis, therapeutic,
preventative, or corrective treatment services by doctors, dentists,
and similar practitioners of medical and healing arts for humans licensed
for such practice by the state of California.
means land within or related to a development, not individually
owned or dedicated for public use, which is designated and intended
for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as
are necessary.
means includes private yard areas and common areas suitable
for passive and active recreation use and excludes minor decorative
landscaping, driveway areas, parking facilities, and utility or service
areas. Such area may be located on the ground, roof, balcony, deck,
patio, terrace or porch. Common usable outdoor area shall be open
to the sky, have a slope less than 10%, and a minimum dimension of
10 feet. In the downtown only, common indoor areas suitable for recreational
uses may, at the discretion of the city, be counted toward a portion
of the usable outdoor area requirement (Also see Private yard area).
means the keeping in an unroofed area of any goods, junk,
material, merchandise, or vehicles in the same place for an extended
period of time.
means the part of a roof or wall which extends beyond the
façade of a lower wall; also that portion of a vehicle extending
beyond the wheel stops or curb.
means a person, persons, or corporation holding fee title
to property within the city as shown in the most recent assessor's
roll in the county of Napa.
Parcel or assessor's parcel is a term for a unit of land
created and assigned a number by the Napa County Assessor. Since an
assessor's parcel is established for assessment purposes only, it
is often, but not always a lot of record.
means any public or private land designed and used for parking
motor vehicles, including, but not limited to, parking lots and garages.
means an area on a lot and/or within a building, devoted
to parking of vehicles, typically surfaced and improved, including
five or more parking spaces contiguous or in close proximity to one
another, aisles, and landscaped areas, and providing vehicular access
to a street. Excludes a parking area for an accessory dwelling unit,
or duplex use where each unit is served by an individual driveway.
means a permanently surfaced area for vehicular parking connected
to a street, alley or other public way by a permanently surfaced driveway.
This title establishes several types of parking spaces depending upon
the size of the vehicle and duration of the individual parking in
the space. Specific size requirements for these types of parking spaces
are contained in the Public Works Department standard specifications.
means a permanent parking space designed for bicycles.
See Parking facility.
means the boundaries or borders of a lot or lots if developed
as a unit.
For the purpose of this title, a permitted use in any district
shall include any use allowed by right listed as a "permitted use"
in a zoning district.
means individual persons and any form of organization, including,
but not limited to, government entities, sole proprietorships, partnerships,
corporations, trusts, and any other form of commercial or noncommercial
enterprise. Person applies to any person who is the owner, lessee,
sublessee, manager of premises, to any other person who is in possession
of or in charge of premises, and to any person who has management
or supervisory authority or responsibility to direct construction
work or any other activity or use taking place on premises.
See Household pet.
means an area developed according to an approved plan in
the Planned Development Overlay District and containing one or more
buildings or structures.
means a roofed approach to a doorway usually extending from
the exterior wall of the structure and requiring ground supports.
means the existing or proposed single family dwelling located on a lot on which an accessory dwelling unit or junior accessory dwelling unit is permitted pursuant to Section 17.52.015.
means the building or buildings in which is conducted the
primary use or uses of the lot on which it is located.
means usable outdoor area adjoining a unit and intended for
private enjoyment of the unit occupants. A private yard area shall
be defined such that its boundaries are evident and may include balconies,
decks, patios and porches. Private yard areas should have a minimum
dimension of five feet (upper floors) and 10 feet (ground floors).
means a meeting noticed as required by this title in which
testimony and arguments are presented publicly before any of the hearing
bodies established herein: city Planning Commission, City Council,
etc.
means land or buildings owned or operated by a governmental
or other public agency.
See Senior citizen.
means usable 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 Sections 25250.11 and 25143.2(b)(4) of the California Health
and Safety Code.
means an area designated for collecting and loading solid waste/recyclable materials that complies with the provisions of Chapter 17.52.
means a center for the collection and/or processing of recyclable
materials. A certified recycling facility means a recycling facility
certified by the California Department of Conservation as meeting
the requirements of the California Beverage Container Recycling and
Litter Reduction Act of 1986. Does not include storage containers
of processing activity located residential or nonresidential property
used solely for the recycling of material generated by uses on that
property.
means a recycling facility established either as an accessory
use, 500 square feet or larger in size, or as a principal use, regardless
of size, devoted exclusively to the collection of recyclable materials
from the public.
means a recycling center established as an accessory use to a principal use, not exceeding 500 square feet in size, devoted exclusively to the collection of recyclable materials from the public and meeting the standards of Chapter 17.52.
means installation of new plant material or new irrigation
systems into an existing landscape area.
See Exterior remodel.
means a structure or place in which worship, ceremonies,
rituals or education pertaining to the exercise of any religion, whether
or not compelled by or central to a system of religious belief, are
held.
means the place in which one lives.
means a community apartment project, a condominium, a condominium
project, a stock cooperative, or a planned development as those terms
are defined by California Civil Code Section 783, California Business
and Professions Code Section 11005, respectively. A residential condominium
project does not mean or include:
means a family home, group-care facility, or similar facility
determined pursuant to state law, for 24-hour nonmedical care of persons
in need of personal service, supervision, or assistance essential
for sustaining the activities of daily living or for the protection
of the individual. This classification includes only those services
and facilities licensed by the state of California.
means the sale of goods or commodities in small quantities
directly to consumers. May include incidental wholesale or other related
activities.
See Amendment.
means an automated mechanical device which 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. A reverse
vending machine may sort and process containers mechanically provided
that the entire process is enclosed within the machine. A bulk reverse
vending machine is a type of reverse vending machine that is larger
than 50 square feet; is designed to accept more than one container
at a time; and will pay by weight instead of by container.
means a strip or area of land acquired by reservation, dedication,
prescription or condemnation and intended to be occupied or occupied
by a street, road, or other similar public utility or use. The right-of-way
typically includes the area behind the curb (i.e., planting strip,
sidewalk, and sometimes the area behind the sidewalk).
means of or pertaining to land and vegetation which is located
adjacent to a natural or manmade watercourse or body of water.
means the outside top covering of a building.
means the renting of one to two rooms, or room(s) plus meals
by the owner of an owner-occupied dwelling unit, or by the tenant
of a rental unit with the owner's permission.
means a covenant, restriction, permit or entitlement to the
use of the land which is binding on the present and future owners
of the property.
means a lot of land upon which two or more recreational vehicle
sites are located, established, or maintained for transient occupancy
by recreational vehicles of the general public for recreation or vacation
purposes.
means a dish-shaped antenna established to receive transmissions
from satellites.
means a method of visually shielding or obscuring one abutting
or nearby structure or use from another or from the public right-of-way
by fencing, walls, berms or densely planted vegetation.
See Accessory dwelling unit.
(of the Housing and Urban Development Act of 1965) means
a Federal Rent Subsidy Program (or its successors) in which eligible,
very low-income and low-income households receive financial assistance
to rent housing units.
means of, subject to or caused by an earthquake.
a term defined in California Civil Code Section 51.3, means
a person 62 years of age or older, or 55 years of age or older in
a senior citizen housing development.
means residential development designed for senior citizen
households. Any age restrictions must be consistent with federal and
state requirements.
means any premises developed with facilities for the sale
of motor vehicle fuels; and which may also provide lubricants, tires,
batteries, accessory items, and other customary services for motor
vehicles. The servicing of motor vehicles shall be generally limited
to lubrication, minor repairs, and washing. Major motor vehicle repair
is not allowed. See Motor vehicle repair, major and Motor vehicle
repair, minor.
means the distance by which any use or structure is required to be removed from a lot line contiguous to a public or private right-of-way, except for alleys (see Alley); through lots (see Lot, through); lots adjacent to new private streets when there is no legal access (See Setback and yard determinations in unusual cases, Section 17.52.430(C)); and such encroachments as are specifically permitted by this title.
means the required minimum horizontal distance between the
use or structure and the front lot line, except for such encroachments
as are permitted by this title. See Lot line, front.
means the required minimum horizontal distance between the
use or structure and the street-facing side lot line on a corner lot,
except for such encroachments as are permitted by this title. See
Lot line, side; Lot, corner.
means a shopping center includes a minimum of five or more
separate uses in one or more buildings devoted predominantly to retail
and personal services uses and characterized by common parking, access,
function and appearance. Shopping centers may also include other nonretail
uses.
means a combination of landscaping, generally 10 feet wide and fencing that has received design review approval to be located in a required street side setback or rear yard adjacent to an alley or other right-of-way (See Section 17.52.170, Fences, walls and hedges).
See Dwelling, single-family attached and Dwelling, single-family
detached.
means a type of group residential use where there are at least five single rooms with no more than two occupants in each unit that complies with the regulations in Section 17.52.440 of this title. The single rooms are habitable rooms that may have a bathroom and/or limited cooking facilities, and are intended for combined living and dining purposes.
shall have the meaning set forth in Chapter 17.55.
See Grade.
means a subdivision of land into lots that are smaller than
the minimum lot size of the zoning district, when located on a public
street developed to city standards or on private streets when no open
space, facilities or other real property is owned in common.
means an area designated for collecting and loading solid waste/recyclable materials that complies with the provisions of Chapter 17.52.
Consistent with California Government Code Section 65451,
a compilation of all ordinances, maps, regulations, documents, or
other descriptive materials, based on the General Plan, setting forth
in detail a plan or program for the effectuation of a particular element,
or portion of an element, of the General Plan; usually applied to
a particular geographic area of a city or county.
means any building, barn, corral, or paddock used or designed
to shelter or keep livestock, as regulated herein. Also an establishment
where livestock is kept, boarded, groomed, or trained, rented for
riding, or bred for profit, etc.
means a type of condominium as defined in Section 11003.2
of the Business and Professions Code of the state of California, containing
two or more rights of exclusive occupancy.
means that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above;
except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling
or roof above. If the finished floor level directly above a basement
is more than six feet above grade, as defined herein, for more than
50% of the total perimeter or is more than 12 feet above grade, at
any point such basement shall be considered a story.
means a partial story under a gable, hip or gambrel roof,
of which the wall plates of two opposite exterior walls are not more
than four feet above the floor.
means major streets carrying higher volumes of traffic. Collectors
serve as connectors between local and arterial streets. Arterials
distribute traffic between freeways/highways and collectors while
highways/freeways serve inter- and intra-city traffic. The 1998 General
Plan circulation element designates the following arterials, collectors
or state highways/freeways within the city's rural urban limit (RUL):
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Austin Way-Pinewood Drive
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Pearl Street
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Beard Road
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Pueblo Avenue
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Big Ranch Road
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Randolph Street (Pearl to Fourth Streets)
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Brown Street (Vallejo to Clinton Streets)
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Redwood Road
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Browns Valley Road
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Robinson Lane
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Buhman Avenue
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Salvador (SR 29 to eastern RUL)
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Byway East
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Saratoga Avenue
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California Boulevard-Ornduff Street
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Second Street (California Blvd. to Main Street)
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California Way
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Seminary Street (Calistoga to Third Streets)
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Calistoga Street
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Shelter Avenue
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Clark Street
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Shurtleff Avenue
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Coombs Street (First Street to Imola Avenue West)
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Sierra Avenue
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Coombsville Road
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Silverado Trail (SR 121)
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Dry Creek Road
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Solano Avenue
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East Avenue
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Soscol Avenue (all, including SR 221)
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El Centro Avenue
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Spruce Street
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Fifth Street (Coombs Street to Main Street)
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Stanly Lane
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First Street (Browns Valley Road to Silverado Trail)
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State Route 12/121
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Foothill Boulevard
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State Route 12/29
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Foster Road
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State Route 29
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Fourth Street (Third Street to Coombs Street)
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State Route 121 (Includes parts of: Imola Avenue, Imola Avenue
West, and Silverado Trail)
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Franklin Street
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State Route 121/221 (Includes a segment of Soscol Avenue)
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Gasser Drive
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State Route 221 (Includes parts of Soscol Avenue)
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Golden Gate Drive
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Terrace Drive
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Imola Avenue (Foster Road to eastern RUL including portions
that are SR 121)
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Terra Verde Drive
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Jefferson (Southern end to Salvador Avenue)
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Third Street (California Blvd. to Silverado Trail)
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Kansas Avenue
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Thompson Avenue
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Laurel Street
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Trancas Street
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Lincoln Avenue (SR 29 to Silverado Trail)
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Trower Avenue
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Linda Vista Avenue
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Vallejo Street
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Main Street (Pueblo Avenue to Fifth Street)
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Villa Lane
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Montecito Boulevard
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Walnut Street
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Old Sonoma Road
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West Pueblo Avenue
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Old Soscol Way
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Westview Drive
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Orchard Avenue
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Wine Country Avenue
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Partrick Road
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Yajome Street
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means the line drawn at points midway between the face of
curbs of an improved street, or as determined by the Public Works
Director in the case of an unimproved or partially improved street.
means a street which provides direct access to abutting properties,
primarily in residential districts.
means a paved right-of-way or easement, approved by the city,
in private ownership, not dedicated or maintained as a public street,
and not an alley, and which affords the principal means of access
to uses on two or more lots.
means a paved street, the entire width of which is within
a publicly owned right-of-way and which contains pedestrian, vehicular,
and utility improvements, facilities, and appurtenances. The term
shall include avenue, drive, road, circle, parkway, boulevard, highway,
thoroughfare, or any other similar term. Also includes any dedicated
street accepted by the city for maintenance.
means anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground. (Note: all buildings are structures,
but not all structures are buildings. See Building.)
means the division, by any subdivider, of any lot or tract
of improved or unimproved land, or any portion thereof, shown on the
latest equalized county assessment roll as a unit or as contiguous
units, for the purpose of sale, lease or financing, whether immediate
or future except for leases of agricultural purposes. Property shall
be considered to be a contiguous unit, even if it is separated by
roads, streets, utility easement or railroad rights-of-way. The term
subdivision includes parcel maps, a condominium project, as defined
in Section 1350 of the Civil Code, a community apartment project,
as defined in Section 11004 of the Business and Professions Code,
or the conversion of five or more existing dwellings to a stock cooperative,
as defined in Section 11003.2 of the Business and Professions Code.
means housing with no limit on length of stay, that is occupied
by the target population as defined in California Health and Safety
Code Subdivision 53260(d), 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.
means the departure of some or all of the bee population
from a bee colony.
means an outdoor pool, lake, or other natural or artificial
body of water designed, constructed or used for swimming, dipping,
or immersion purposes, and having a depth in excess of 24 inches,
or with a surface area exceeding 100 square feet.
means a building or part of a building devoted to showing
motion pictures, or for dramatic, musical or live performances.
mean projects in which a purchaser receives the right in
perpetuity, for life, or for a term of years, to the recurrent, exclusive
use or occupancy of a lot, parcel, unit or segment of real property,
annually or on some other periodic basis, for a period of time that
has been or will be allotted from the use or occupancy periods into
which the project has been divided.
means a license or contractual or membership right of occupancy
in a time-share project which is not coupled with an estate in the
real property. It is a type of commercial transient occupancy that
may only be provided as visitor accommodations or in recreational
vehicle (RV) parks.
See Dwelling, townhome.
means any person's use or possession, or right to use or
possess, a building (or any portion thereof) for dwelling, lodging,
or sleeping purposes, for a period of 30 consecutive calendar days
or less (counting portions of calendar days as full days).
means 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.
means the total of motor vehicle trips entering and leaving
a specific land use or site over a designated period of time.
means the average or typical number of trip ends produced
by a specific land use or activity.
means a building on a lot which is designed or used exclusively
as a residence and has three separate dwelling units.
means open on at least one side.
means an at-grade area, either paved or unpaved, covered
by an open or weatherproof roof or other cover material and open on
at least three sides. An unenclosed covered area which is attached
to a building may be enclosed on two sides when the additional enclosure
is required to satisfy Building Code and/or fire containment standards.
Required open sides of a covered area shall not be partially enclosed
by fencing, gates, trellises or similar.
See Outdoor area, usable; also see Private yard area.
See Accessory use.
means a discretionary permit typically issued by the Planning
Commission authorizing the establishment of a conditional use.
See Permitted use.
means the number of uninhabited dwelling units that are available
and suitable for occupancy expressed as a ratio to the total number
of housing units in the group being reviewed.
means the term applied to the procedure whereby the strict
application of the provisions of this title relating to height, area,
yard requirements, or other requirements of this title may be modified
in certain circumstances. The term variance does not apply to a use
modification.
as defined in Section 50105 of the Health and Safety Code,
means persons and families whose incomes do not exceed the qualifying
limits for very low income families as established and amended from
time to time pursuant to Section 8 of the United States Housing Act
of 1937. Such limits shall be published by the California Department
of Housing and Community Development (HCD) in the California Administrative
Code as soon as possible after adoption by the Secretary of Housing
and Urban Development. In the event such federal standards are discontinued,
HCD shall, by regulation, establish income limits for very low income
households for all geographic areas of the state at 50% of area median
income, adjusted for family size and revised annually. For the City
of Napa "area median income" means the median family income of a household
in the Vallejo-Fairfield-Napa Metropolitan Statistical Area (MSA).
See Game arcade.
(also known as visibility triangle) means an area on each side of a driveway or private street at its connection to a public street, and areas at public street intersection corners within which fence heights and vegetation limits are established to reduce driver visual obstructions. See Driveway Vision Triangle illustration that follows. (Also see Section 10.32.020, "Obstructing visibility at driveways or intersections" and the Public Works Department Standard Specifications and Standard Plans Drawing S-25—"Visibility & Fencing Requirements.")
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means the vertical exterior surface of a building; or the
vertical interior surfaces which divide a building's interior space
into rooms; or a fence.
means a building used primarily for the storage of goods
and materials.
means any natural or artificial stream, river, creek, ditch,
channel, canal, conduit, culvert, drain, waterway, gully, ravine or
wash in which water flows in a definite direction or course, either
continuously or intermittently, and has a definite channel, bed and
banks, and includes any area adjacent thereto subject to inundation
by reason of overflow or floodwater.
mean swamps, marshes, or other areas characterized by wet
soil conditions either permanently or seasonally which are important
to sustaining wildlife.
is a legal term meaning that no rights or privileges of the
applicant are considered waived or lost with respect to the submittal
or re-submittal of his or her application. Under these conditions,
an application may be resubmitted at any time.
means a required open area between a building and a rear
lot line or interior side lot line(s), unoccupied and unobstructed
from the ground up, except for such encroachments as are expressly
permitted by this title.
means an open area extending the full width of an interior
lot between the principal building and the rear lot line, measured
perpendicular to the building to the closest point of the rear lot
line. In the case of a corner lot, an open area extending from the
interior side lot line to the side setback.
means an open area extending from the front setback to the
rear yard, between the principal building and the adjacent interior
side lot line, measured perpendicular to the building to the closest
point of the adjacent interior side lot line.
See District.
means the officially adopted zoning map or maps of the city,
together with all amendments subsequently adopted.
means Title 17 of this code, consisting of the official adopted
zoning map and text.
(O2008 9; O2009 11; O2010 1, 1/26/10; O2013-3, 5/21/13; O2014-3, 3/4/14; O2016-6, 5/3/16; O2017-007, 3/7/17; O2019-001, 1/15/19; O2019-006, 5/21/19; O2020-004, 4/7/20)
